S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3068
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced by M. of A. CYMBROWITZ, MONTESANO, CUSICK, ORTIZ -- read once
   and referred to the Committee on Alcoholism and Drug Abuse
 
 AN  ACT to amend the mental hygiene law, in relation to establishing the
   community chemical dependence services expansion program and providing
   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:
 § 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04242-01-7

 A. 3068                             2
 
   (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.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed March 31, 2022.