S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    692
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, JAFFEE -- read once and referred to
   the Committee on Alcoholism and Drug Abuse
 
 AN  ACT  to  amend the mental hygiene law, in relation to establishing a
   council for treatment equity  within  the  office  of  alcoholism  and
   substance abuse

   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
 19.45 to read as follows:
 § 19.45 THE COUNCIL FOR TREATMENT EQUITY.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "COUNCIL"  SHALL  MEAN  THE  COUNCIL FOR TREATMENT EQUITY CREATED
 PURSUANT TO THIS SECTION WHICH SHALL CONSIST OF A FULL TIME DIRECTOR AND
 ANY ADDITIONAL FULL OR PART TIME STAFF THE COMMISSIONER DEEMS  NECESSARY
 TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   (B) "TREATMENT EQUITY ADVISORY BOARD" SHALL MEAN THE ADVISORY BOARD TO
 THE COUNCIL, CREATED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (C)  "VULNERABLE  POPULATIONS"  SHALL  MEAN THOSE WHO HAVE EXPERIENCED
 INJUSTICES AND DISADVANTAGES AS A RESULT OF THEIR RACE, ETHNICITY, SEXU-
 AL ORIENTATION, GENDER IDENTITY, DISABILITY STATUS,  AGE,  SOCIOECONOMIC
 STATUS  AND/OR  ANY OTHER STATUS WHICH HAS CAUSED A PERSON TO EXPERIENCE
 INJUSTICES AND DISADVANTAGES.
   (D) "RACIALLY AND ETHNICALLY DIVERSE AREAS" SHALL MEAN COUNTIES  WHERE
 THE NON-WHITE POPULATION IS FORTY PERCENT OR MORE OR THE SERVICE AREA OF
 AN  AGENCY,  CORPORATION, FACILITY OR INDIVIDUAL PROVIDING SUBSTANCE USE
 DISORDER SERVICES WHERE THE NON-WHITE POPULATION OF SAID AREA  IS  FORTY
 PERCENT OR MORE.
   (E) "PROVIDER OF SERVICES" SHALL MEAN ANY AGENCY, CORPORATION, FACILI-
 TY OR INDIVIDUAL PROVIDING SUBSTANCE USE DISORDER SERVICES TO VULNERABLE
 POPULATIONS.
   (F)  "TREATMENT  DISPARITIES"  SHALL  MEAN  MEASURABLE  DIFFERENCES IN
 ACCESS TO AND QUALITY OF SUBSTANCE USE DISORDER SERVICES  AS  DETERMINED
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04782-01-9

 A. 692                              2
 
 BY  RACE,  ETHNICITY,  SEXUAL  ORIENTATION,  GENDER IDENTITY, DISABILITY
 STATUS, AGE AND SOCIOECONOMIC STATUS.
   (G)  "TREATMENT  EQUITY"  SHALL  MEAN  ACHIEVING  THE HIGHEST LEVEL OF
 SUBSTANCE USE DISORDER SERVICES FOR ALL PEOPLE AND SHALL ENTAIL  FOCUSED
 EFFORTS TO ADDRESS AVOIDABLE INEQUALITIES BY EQUALIZING THOSE CONDITIONS
 FOR  SUBSTANCE  USE  DISORDER  SERVICES  FOR THOSE THAT HAVE EXPERIENCED
 INJUSTICES AND SOCIOECONOMIC DISADVANTAGES.
   2. THE COUNCIL FOR TREATMENT EQUITY. THERE IS HEREBY CREATED A COUNCIL
 FOR TREATMENT EQUITY.  THE COUNCIL, IN CONJUNCTION  WITH  THE  TREATMENT
 EQUITY ADVISORY BOARD, SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A)  WORK  COLLABORATIVELY WITH THE OFFICE, OTHER RELEVANT STATE AGEN-
 CIES AND AFFECTED STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO, PROVIDERS
 AND REPRESENTATIVES OF VULNERABLE POPULATIONS, IN ORDER TO  SET  PRIORI-
 TIES  TO  ACHIEVE TREATMENT EQUITY IN BOTH RACIAL AND ETHNICALLY DIVERSE
 AREAS AND FOR VULNERABLE POPULATIONS THROUGHOUT THE STATE;
   (B) ANALYZE COLLECTED  DATA  TO  DETERMINE  THE  CAUSES  OF  TREATMENT
 DISPARITIES  IN  BOTH  RACIALLY  AND  ETHNICALLY  DIVERSE  AREAS AND FOR
 VULNERABLE POPULATIONS THROUGHOUT THE  STATE,  INCLUDING  ANY  ECONOMIC,
 PHYSICAL, SOCIAL OR CULTURAL BARRIERS;
   (C)  DEVELOP  AND  IMPLEMENT  STRATEGIES  AIMED AT ACHIEVING TREATMENT
 EQUITY IN RACIALLY AND ETHNICALLY DIVERSE  AREAS  AND  AMONG  VULNERABLE
 POPULATIONS;
   (D) PROMOTE COMMUNITY INVOLVEMENT BY CONDUCTING PROMOTIONAL AND EDUCA-
 TIONAL OUTREACH PROGRAMS REGARDING SUBSTANCE USE DISORDERS AND AVAILABLE
 SERVICES; AND
   (E)  REVIEW  THE  IMPACT OF CURRENT LAWS, RULES, REGULATIONS, POLICIES
 AND PROGRAMS THAT MAY BE AFFECTING  THE  ABILITY  TO  ACHIEVE  TREATMENT
 EQUITY.
   3. THE TREATMENT EQUITY ADVISORY BOARD. (A) THE TREATMENT EQUITY ADVI-
 SORY  BOARD  SHALL  CONSIST  OF  TWELVE  MEMBERS.  ALL  MEMBERS SHALL BE
 APPOINTED BY THE GOVERNOR, WITH THREE MEMBERS APPOINTED UPON RECOMMENDA-
 TION FROM THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THREE  MEMBERS
 APPOINTED  UPON  RECOMMENDATION  FROM  THE  SPEAKER OF THE ASSEMBLY. THE
 CHAIRPERSON OF THE COUNCIL SHALL BE THE COMMISSIONER OR THEIR DESIGNEE.
   (B) THE MEMBERS OF THE COUNCIL SHALL BE FROM THE COMMUNITY WITH EXPER-
 TISE IN CONDUCTING SUBSTANCE  USE  DISORDER  SERVICES.  IN  MAKING  SUCH
 APPOINTMENTS,  DUE  CONSIDERATION  SHALL  BE  GIVEN TO ENSURING ADEQUATE
 GEOGRAPHIC REPRESENTATION.
   (C) THE TERM OF OFFICE FOR EACH MEMBER OF THE TREATMENT  EQUITY  ADVI-
 SORY  BOARD  SHALL BE SIX YEARS. VACANCIES IN THE TREATMENT EQUITY ADVI-
 SORY BOARD, OTHER THAN BY EXPIRATION OF A TERM, SHALL BE FILLED FOR  THE
 REMAINDER  OF THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINT-
 MENTS.
   (D) THE MEMBERS OF THE TREATMENT EQUITY ADVISORY BOARD  SHALL  RECEIVE
 NO  COMPENSATION  FOR  THEIR  SERVICES,  BUT SHALL BE REIMBURSED FOR ALL
 EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THEM IN THE PERFORMANCE OF
 THEIR DUTIES UNDER THIS SECTION WITHIN  THE  AMOUNT  MADE  AVAILABLE  BY
 APPROPRIATION THEREFOR.
   4.  REPORT. THE COUNCIL SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY NO
 LATER THAN ONE YEAR SUCCEEDING THE EFFECTIVE DATE OF  THIS  SECTION  AND
 ANNUALLY  THEREAFTER,  SETTING  FORTH  THE FINDINGS, RECOMMENDATIONS AND
 ACTIVITIES OF THE COUNCIL ON MATTERS WITHIN THE SCOPE OF ITS POWERS  AND
 DUTIES AS SET FORTH IN THIS SECTION.
   § 2. This act shall take effect immediately.