S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3324
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. CYMBROWITZ, MONTESANO, ORTIZ, CUSICK -- 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  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:
 § 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.
              

                                                            LBD07362-01-9

 A. 3324                             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, 2024.