S T A T E O F N E W Y O R K
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9475
I N A S S E M B L Y
May 1, 2014
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to community opioid
rehabilitation program services act; and to amend the state finance
law, in relation to establishing the opioid dependency services fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known as the "community opioid rehabili-
tation program services act".
S 2. Legislative findings. The legislature finds that New York state
is experiencing a shocking increase in opioid use in both its street and
prescription forms. Heroin, in particular, is emerging as a public
health concern in every community, but its rise is especially alarming
in the state's smaller urban, suburban and rural areas. The increased
incidence of heroin use largely involves young people who have turned to
the drug, because of its relatively low cost and high accessibility, in
light of recent efforts to curb accessibility to prescription opioids.
Horrifying stories of opioid addiction, drug availability and use in our
schools, as well as family tragedy in which a promising young life has
ended with overdose, are becoming far too commonplace. Rising arrest
rates of low-level dealers and addicts, often taking place in public
areas like suburban mall parking lots, are further indication that the
resurrection of this drug more commonly associated with street culture
has permeated all sectors of society.
In addition, the legislature finds that the extent of the problem is
widely recognized by professionals from all points on the front line as
an emerging and significant public health issue.
The legislature further finds that significant savings will come to
the taxpayers of New York through the elimination of prison beds
throughout the state as the prison population declines, due in no small
measure to reforms of drug laws enacted in the nineteen seventies. While
there were more than 24,000 drug offenders in the state's prison popu-
lation at the end of 1996, that number had diminished to less than 6,700
at the end of 2013. In its plan to consolidate with the closure of four
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14029-06-4
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facilities during the 2014-15 state fiscal year, the department of
corrections and community supervision estimates an annual savings to the
state's taxpayers of approximately $30 million.
Finally, the legislature finds that the savings from the closure of
prison facilities which, by the department of corrections and community
supervision's own estimate, is due largely to the diminishing sector of
the prison population incarcerated for drug-related offenses, should be
directed to community programs designed to address the growing public
health epidemic of heroin and opiate addiction.
S 3. Section 1.03 of the mental hygiene law is amended by adding a new
subdivision 59 to read as follows:
59. "COMMUNITY OPIOID REHABILITATION PROGRAM SERVICES" SHALL MEAN
PROGRAMS AND SERVICES PROVIDED FOR THE CARE, TREATMENT AND REHABILI-
TATION OF THOSE PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES, INCLUD-
ING BUT NOT LIMITED TO:
(A) EMERGENCY AND CRISIS SERVICES PROVIDED IN A PROGRAM LICENSED,
CERTIFIED, OPERATED, OR FUNDED BY THE OFFICE;
(B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES;
(C) OUTPATIENT SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT
AND REHABILITATION AS DETERMINED BY A LICENSED TREATMENT PROFESSIONAL
PROVIDED IN A PROGRAM LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE
OFFICE;
(D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES, PROVIDED IN
PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE, WHICH
MAY INCLUDE, BUT ARE NOT LIMITED TO, COMMUNITY RESIDENCES, RESIDENTIAL
CARE CENTERS FOR ADULTS, FAMILY CARE HOMES, CRISIS RESIDENCE OR
SUPPORTED HOUSING;
(E) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC
REHABILITATION, CLIENT ADVOCACY, SUPPORTED EMPLOYMENT, CONSUMER
SELF-HELP, FAMILY SUPPORT, PEER SUPPORT AND VOCATIONAL TRAINING AS
APPROVED BY THE OFFICE;
(F) ANY OTHER SERVICES THAT MEET THE NEEDS OF THOSE PERSONS WHO ARE
DEPENDENT ON OPIOID SUBSTANCES.
(G) PREVENTIVE PROGRAMS AND PREVENTION SERVICES DESIGNED TO EDUCATE
THE GENERAL PUBLIC ON THE DANGERS OF GENERAL OPIOID AND HEROIN ABUSE AND
ADDICTION INCLUDING, BUT NOT LIMITED TO THE RISKS TO HEALTH AND QUALITY
OF LIFE; THE TOLL OPIOID ADDICTION TAKES ON FAMILY MEMBERS; THE FINAN-
CIAL COSTS ASSOCIATED WITH OPIOID ADDICTION; AND RECOGNIZING THE SIGNS
OF OPIOID DEPENDENCY.
S 4. Section 19.09 of the mental hygiene law is amended by adding a
new subdivision (i) to read as follows:
(I) THE COMMISSIONER OF MENTAL HEALTH SHALL, IN COOPERATION WITH THE
COMMISSIONER OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, PROMOTE, ESTABLISH, DEVELOP, COORDINATE,
EVALUATE, AND CONDUCT PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS,
EXAMINATION, CARE, TREATMENT, AND REHABILITATION FOR THE BENEFIT OF
PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES AND THEIR FAMILIES. SUCH
PROGRAMS SHALL INCLUDE BUT NOT BE LIMITED TO INPATIENT, OUTPATIENT,
PARTIAL HOSPITALIZATION, DAY CARE, EMERGENCY, REHABILITATIVE, COMMUNITY
OPIOID REHABILITATION PROGRAMMATIC SERVICES, PURSUANT TO SECTION 41.59
OF THIS CHAPTER AND OTHER APPROPRIATE TREATMENTS AND SERVICES. HE OR SHE
SHALL TAKE ALL ACTIONS THAT ARE NECESSARY, DESIRABLE, OR PROPER TO
IMPLEMENT THE PURPOSES OF THIS CHAPTER AND TO CARRY OUT THE PURPOSES AND
OBJECTIVES OF THE DEPARTMENT WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR
BY APPROPRIATION, GRANT, GIFT, DEVISE, BEQUEST, OR ALLOCATION FROM THE
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OPIOID DEPENDENCY SERVICES FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-
PPPP OF THE STATE FINANCE LAW.
S 5. Subdivision (a) of section 41.13 of the mental hygiene law is
amended by adding a new paragraph 17 to read as follows:
17. THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES SHALL ALSO BE RESPONSIBLE FOR SUCH PROGRAM
DEVELOPMENT RELATING TO COMMUNITY OPIOID REHABILITATION PROGRAMMATIC
SERVICES IN AREAS WHERE THE RESPONSIBLE LOCAL GOVERNMENT UNIT DOES NOT
RECEIVE A GRANT OF STATE AID SPECIFICALLY FOR THE PURPOSE OF FUNDING
COMMUNITY OPIOID REHABILITATION PROGRAMMATIC SERVICES PURSUANT TO THIS
CHAPTER.
S 6. The mental hygiene law is amended by adding a new section 41.59
to read as follows:
S 41.59 COMMUNITY OPIOID REHABILITATION PROGRAM.
(A) COMMUNITY OPIOID REHABILITATION PROGRAM FUNDS SHALL BE ANNUALLY
ALLOCATED BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITERIA:
1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING WITHIN THE
LOCAL GOVERNMENTAL UNIT FOR THE DELIVERY OF SERVICES TO PERSONS WHO ARE
DEPENDENT ON OPIOID SUBSTANCES IN ORDER TO ASSURE THAT RESOURCES ARE
MADE AVAILABLE TO FUND OPIOID REHABILITATION SERVICES TO PERSONS
DISCHARGED INTO THE COMMUNITY; AND
2. OTHER RELEVANT FACTORS THAT REQUIRE THE MAINTENANCE OF EXISTING
OPIOID DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW OPIOID DEPENDENCY
SERVICES.
(B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY BE USED TO
FUND OPIOID REHABILITATION SERVICES, MENTAL HEALTH WORKFORCE RELATED
ACTIVITIES, INCLUDING RECRUITMENT AND RETENTION INITIATIVES AND TRAINING
PROGRAMS, AND OTHER GENERAL PROGRAMMATIC ACTIVITIES TO HELP ENSURE A
STABLE MENTAL HEALTH SYSTEM. SUCH GRANTS AND OTHER FUNDS SHALL NOT BE
USED FOR CAPITAL COSTS ASSOCIATED WITH THE DEVELOPMENT OF COMMUNITY
CORRECTIONS REINVESTMENT SERVICES.
(C) PRIOR TO ENTERING INTO CONTRACTS FOR THE PROVISION OF SERVICES
FUNDED PURSUANT TO THIS SECTION, THE OFFICE OF MENTAL HEALTH AND ANY
LOCAL GOVERNMENTAL UNIT RECEIVING SUCH FUNDS SHALL CONSIDER THE FOLLOW-
ING:
1. THE SERVICE NEEDS OF PERSONS WITH OPIOID SUBSTANCE DEPENDENCY IN
THE GEOGRAPHICAL AREA IN WHICH THE OPIOID REHABILITATION PROGRAM OPER-
ATES;
2. THE CAPACITY OF THE PROGRAM TO MEET IDENTIFIED SERVICE NEEDS AND
SPECIFIED PERFORMANCE STANDARDS RELATED TO ACCESS, ADMISSION, REFERRAL,
AND SERVICE COORDINATION AND DELIVERY;
3. THE EXTENT TO WHICH OPIOID REHABILITATION SERVICES AUTHORIZED BY
THE CONTRACT ARE CONSISTENT AND INTEGRATED WITH THE PLAN PREPARED AND
APPROVED PURSUANT TO THIS ARTICLE; AND
4. THE RELIABILITY AND CAPABILITY OF THE PROVIDER, INCLUDING ITS
EXPERTISE, PRIOR EXPERIENCE, FINANCIAL RESPONSIBILITY, RECORD OF ADHER-
ENCE TO LAW, RECORD OF PROVIDING QUALITY CARE AND SERVICES, AND ABILITY
TO DELIVER APPROPRIATE SERVICES IN A COST-EFFECTIVE AND EFFICIENT MANNER
TO PERSONS WITH OPIOID SUBSTANCE DEPENDENCY. THE COMMISSIONER IS AUTHOR-
IZED TO PROMULGATE REGULATIONS TO ESTABLISH MINIMUM CONTRACTUAL OBLI-
GATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
(D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS
AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID
UNDER THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL, SERVICE
AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS AND
OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
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(E) FOR PURPOSES OF THIS SECTION, THE TERM "STATE OPERATIONS GENERAL
FUND" SHALL MEAN THE OFFICE OF MENTAL HEALTH STATE OPERATIONS GENERAL
FUND APPROPRIATIONS BEFORE ANY OFFSET FROM THE SPECIAL REVENUE FUNDS,
OTHER MISCELLANEOUS SPECIAL REVENUE FUND OR MENTAL HYGIENE PATIENT
INCOME ACCOUNT.
S 7. The state finance law is amended by adding a new section 97-pppp
to read as follows:
S 97-PPPP. OPIOID DEPENDENCY SERVICES FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A DEBT SERVICE FUND TO BE KNOWN AS THE "OPIOID
DEPENDENCY SERVICES FUND".
2. THE OPIOID DEPENDENCY SERVICES FUND SHALL CONSIST OF THE ANNUAL
SAVINGS FROM THE DOWNSIZING OF FACILITIES UNDER THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, AS DETERMINED IN THE ANNUAL BUDG-
ET AND SHALL INCLUDE THE AMOUNT OF ACTUAL STATE OPERATIONS GENERAL FUND
APPROPRIATION REDUCTIONS, INCLUDING PERSONAL SERVICE SAVINGS AND OTHER
THAN PERSONAL SERVICE SAVINGS DIRECTLY ATTRIBUTED TO CORRECTIONAL FACIL-
ITY CLOSURES. THE METHODOLOGIES USED TO CALCULATE THE CLOSURE SAVINGS
SHALL BE DEVELOPED BY THE COMMISSIONER OF TAXATION AND FINANCE AND THE
DIRECTOR OF THE BUDGET. THE ANNUAL APPROPRIATION TO THE OPIOID DEPENDEN-
CY SERVICES FUND SHALL AT NO TIME BE LESS THAN THIRTY MILLION DOLLARS.
IN THE EVENT THAT TWENTY PERCENT OF THE ANNUAL SAVINGS FROM DOWNSIZING
IS LESS THAN THIRTY MILLION DOLLARS, APPROPRIATION FROM THE STATE OPER-
ATIONS GENERAL FUND SHALL MAKE UP THE SHORTFALL.
3. MONEYS IN THE OPIOID DEPENDENCY SERVICES FUND SHALL BE KEPT SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMPTROLLER. ALL DEPOSITS OF SUCH MONEYS SHALL BE SECURED BY OBLI-
GATIONS OF THE UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT
ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS AND TRUST COMPANIES
ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR SUCH DEPOSITS.
4. ANY MONEYS IN THE OPIOID DEPENDENCY SERVICES FUND MAY BE INVESTED
BY THE COMPTROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE OR
OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE
UNITED STATES OR THE STATE.
S 8. This act shall take effect immediately.