S T A T E   O F   N E W   Y O R K
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                                 5471--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug  Abuse
  --  recommitted  to  the  Committee  on  Alcoholism  and Drug Abuse in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the mental hygiene law, in relation to establishing  the
  community  chemical dependence services expansion program; and provid-
  ing for the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
22.13 to read as follows:
S 22.13 COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION PROGRAM.
  (A) COMMUNITY CHEMICAL DEPENDENCE SERVICES EXPANSION  FUNDS  SHALL  BE
ANNUALLY  ALLOCATED  BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITE-
RIA:
  1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING  WITHIN  THE
LOCAL  GOVERNMENTAL  UNIT  FOR  THE DELIVERY OF SERVICES TO PERSONS WITH
SERIOUS CHEMICAL DEPENDENCY IN ORDER TO ASSURE THAT RESOURCES  ARE  MADE
AVAILABLE TO PERSONS IN THE COMMUNITY;
  2. PROVISIONS THAT GRANTEES OF SUCH FUNDS FOR THE PROVISION  OF CHEMI-
CAL  DEPENDENCE  DETOXIFICATION  SERVICES SHALL HAVE A MECHANISM TO LINK
ALL CLIENTS RECEIVING DETOXIFICATION SERVICES TO ONGOING  TREATMENT  FOR
CHEMICAL DEPENDENCY IMMEDIATELY UPON THE CONCLUSION OF THEIR DETOXIFICA-
TION; AND
  3.  OTHER  RELEVANT  FACTORS  THAT REQUIRE THE MAINTENANCE OF EXISTING
CHEMICAL DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW CHEMICAL DEPEND-
ENCY SERVICES.
  (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY  BE  USED  TO
FUND  CHEMICAL  DEPENDENCE  TREATMENT SERVICES, INCLUDING DETOXIFICATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09370-02-4
              

S. 5471--A                          2

SERVICES, AND ASSOCIATED LOCAL GOVERNMENTAL UNIT ADMINISTRATIVE EXPENSES
SUCH AS APPROVED NET OPERATING COST, FEE-FOR-SERVICE  REIMBURSEMENT,  OR
OTHER  FINANCIAL  MECHANISMS  DESIGNED  TO ACHIEVE INCREASED QUALITY AND
COST EFFECTIVENESS.
  (C)  FUNDS  SHALL  BE  DISTRIBUTED  PURSUANT  TO THIS SECTION TO LOCAL
GOVERNMENTAL UNITS IN PROPORTION TO EACH UNIT'S UNMET NEED FOR  CHEMICAL
DEPENDENCE TREATMENT SERVICES, AS ESTABLISHED BY THE OFFICE, EXCEPT THAT
IN  DISTRIBUTING  SUCH FUNDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT
TO WHICH EACH LOCAL GOVERNMENTAL UNIT HAS MAINTAINED LOCAL CONTRIBUTIONS
FOR EXPENDITURES OF CHEMICAL DEPENDENCY SERVICES MADE PURSUANT  TO  THIS
SECTION  IN  ANY  FISCAL  YEAR  AT  A LEVEL EQUAL TO OR GREATER THAN THE
AMOUNT EXPENDED FOR SUCH  SERVICES BY SUCH LOCAL  GOVERNMENTAL  UNIT  IN
THE LAST COMPLETED FISCAL YEAR PRECEDING THAT FISCAL YEAR.
  (D)  THE  COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS
AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL  UNIT  RECEIVING  STATE  AID
UNDER THIS SECTION OR A PROVIDER OF SERVICES FUNDED PURSUANT TO SUBDIVI-
SION  (B)  OF  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.
  (E) THE AMOUNT OF COMMUNITY  CHEMICAL  DEPENDENCE  SERVICES  EXPANSION
FUNDS  FOR THE OFFICE SHALL BE DETERMINED IN THE ANNUAL BUDGET AND SHALL
INCLUDE THE AMOUNT OF GENERAL FUND APPROPRIATION REDUCTIONS ATTRIBUTABLE
TO REDUCTIONS IN MEDICAL ASSISTANCE EXPENDITURES FOR  MEDICALLY  MANAGED
CHEMICAL  DEPENDENCE DETOXIFICATION. SUCH REDUCTIONS SHALL BE CALCULATED
BY COMPARING MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED CHEM-
ICAL DEPENDENCY DETOXIFICATION IN THE BASE YEAR WITH THE  SAME  EXPENDI-
TURES  IN THE STATE FISCAL YEAR IMMEDIATELY PRECEDING THE BASE YEAR. FOR
PURPOSES OF THIS SECTION, THE BASE YEAR SHALL BE THE STATE  FISCAL  YEAR
IN  WHICH THE EXECUTIVE BUDGET IS ISSUED. IN COMPUTING SUCH GENERAL FUND
EXPENDITURES, AND IN COMPUTING THE STATE  SHARE  OF  MEDICAL  ASSISTANCE
PURSUANT  TO  THIS  SECTION,  THE  STATE  SHARE OF MEDICAL ASSISTANCE IN
EFFECT ON JANUARY FIRST, TWO THOUSAND FIVE SHALL BE USED.
  (F) FOR PURPOSES OF THIS SECTION, THE DEFINITIONS CONTAINED IN SECTION
41.03 OF THIS CHAPTER  SHALL  APPLY,  EXCEPT  THAT  CHEMICAL  DEPENDENCE
TREATMENT  SERVICES  SHALL  NOT INCLUDE MEDICALLY MANAGED DETOXIFICATION
PROVIDED IN GENERAL HOSPITALS LICENSED PURSUANT TO ARTICLE  TWENTY-EIGHT
OF THE PUBLIC HEALTH LAW.
  (G)  NO  PROVISION IN THIS SECTION SHALL CREATE OR BE DEEMED TO CREATE
ANY RIGHT, INTEREST OR ENTITLEMENT TO SERVICES OR  FUNDS  THAT  ARE  THE
SUBJECT  OF  THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS, WHETHER TO
INDIVIDUALS, LOCALITIES, PROVIDERS OR OTHERS,  INDIVIDUALLY  OR  COLLEC-
TIVELY.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed March 31, 2018.