NY State Senate Bill 2023-S8525

Senate Bill S8525

2023-2024 Legislative Session

Relates to the issuance of operating certificates for certain providers of chemical dependence services

download bill text pdf

Current Bill Status - In Senate Committee Alcoholism And Substance Use Disorders Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2024	referred to alcoholism and substance use disorders

2023-S8525 (ACTIVE) - Details

See Assembly Version of this Bill:: A9501
Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §32.09, Ment Hyg L

2023-S8525 (ACTIVE) - Summary

Provides for the issuance of operating certificates for federally organized, operated or authorized Indian health service facilities with addictions programs to operate as providers of chemical dependence services following certain attestations.

2023-S8525 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8525

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the issuance of
operating certificates for certain providers of chemical dependence
services

 
PURPOSE:

This legislation would enable substance use disorder programs operated
by a federally recognized Native Nation authorized by Indian Health
Services to also operate in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the mental hygiene law to allow IHS addiction
programs to be certified under OASAS standards. It also requires ongoing
community engagement for a program to be issued an operating certificate

Section two establishes the effective date.

 
JUSTIFICATION:

This bill would amend the Mental Hygiene Law to enable substance use
disorder programs authorized by Indian Health Services at the Federal
level also to be recognized by the Commissioner of the Office of
Addiction Services and Supports to operate in New York State. Under this
law, authorization through the Federal government would provide suffi-
cient standards for certification to issue and operate a program run by
a federally recognized Native Nation.

These programs will maintain compliance with all Office of Addiction
Services and Supports, such as:

General facility requirements

Patient rights requirements

Standards for Substance Use Disorder Outpatient Programs

Incident reporting

An important addition to the process for certification is the require-
ment of meaningful engagement with the community around the facility
location through a community engagement plan and evidence of active and
ongoing engagement.

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S8525 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8525
 
                             I N  S E N A T E
 
                             February 8, 2024
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Use Disorders
 
 AN  ACT  to amend the mental hygiene law, in relation to the issuance of
   operating certificates for certain providers  of  chemical  dependence
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 32.09 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (h) to read as follows:
   (H)  1.  SUBJECT  TO PARAGRAPH TWO OF THIS SUBDIVISION, AN ATTESTATION
 FROM A PROGRAM ORGANIZED, OPERATED OR AUTHORIZED BY THE FEDERAL  GOVERN-
 MENT TO OPERATE AS AN INDIAN HEALTH SERVICE FACILITY, WITH AN ADDICTIONS
 PROGRAM,  SHALL BE RECOGNIZED BY THE COMMISSIONER AS SUFFICIENT EVIDENCE
 THAT THE PROGRAM MEETS THE APPLICABLE STANDARDS  FOR  CERTIFICATION  FOR
 PURPOSES OF ISSUING AN OPERATING CERTIFICATE.
   2.  THE  ATTESTATION  IDENTIFIED  IN PARAGRAPH ONE OF THIS SUBDIVISION
 SHALL ATTEST THAT:
   (I) THE PROGRAM IS AUTHORIZED BY THE FEDERAL GOVERNMENT TO OPERATE  AS
 AN INDIAN HEALTH SERVICE FACILITY, WITH AN ADDICTIONS PROGRAM; AND
   (II) THE PROGRAM WILL MAINTAIN COMPLIANCE WITH ALL OFFICE OF ADDICTION
 SERVICES AND SUPPORTS:
   (A) GENERAL FACILITY REQUIREMENTS,
   (B) PATIENT RIGHTS REQUIREMENTS,
   (C) STANDARDS FOR SUBSTANCE USE DISORDER OUTPATIENT PROGRAMS, AND
   (D) INCIDENT REPORTING AND OTHER RELEVANT REQUIREMENTS.
   3.  SUCH  PROGRAM  MAY  BE  ISSUED  AN  OPERATING CERTIFICATE UPON ITS
 SUBMISSION OF THE  ATTESTATION  AND  A  COMMUNITY  ENGAGEMENT  PLAN  AND
 EVIDENCE  OF  ACTIVE  AND  ONGOING  COMMUNITY ENGAGEMENT AT THE FACILITY
 LOCATION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14420-01-4

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