S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8379
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN  ACT  to  amend  the  mental hygiene law, in relation to creating the
   office of addiction and mental health services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  2  and  2-a  of  section 1.03 of the mental
 hygiene law, subdivision 2 as amended and subdivision 2-a  as  added  by
 chapter 281 of the laws of 2019, are amended to read as follows:
   2.  ["Commissioner" means the commissioner of mental health,] "COMMIS-
 SIONER" MEANS THE COMMISSIONER OF ADDICTION AND MENTAL  HEALTH  SERVICES
 AND the commissioner of developmental disabilities [and the commissioner
 of  addiction  services and supports] as used in this chapter. Any power
 or duty heretofore assigned to the commissioner of mental hygiene or  to
 the department of mental hygiene pursuant to this chapter shall hereaft-
 er  be  assigned  to  the  commissioner of [mental health] ADDICTION AND
 MENTAL HEALTH SERVICES in the case of facilities, programs, or  services
 for  individuals with [mental illness] A MENTAL HEALTH DIAGNOSIS, to the
 commissioner of developmental disabilities in the  case  of  facilities,
 programs,  or  services for individuals with developmental disabilities,
 to the commissioner of addiction [services] and [supports] MENTAL HEALTH
 SERVICES in the case of  facilities,  programs,  or  addiction  disorder
 services  in  accordance  with  the provisions of titles D and E of this
 chapter.
   2-a. Notwithstanding any other section of law or  regulation,  on  and
 after  the effective date of this subdivision, any and all references to
 the office of alcoholism and substance abuse services and the  predeces-
 sor  agencies  to  the office of alcoholism and substance abuse services
 including the division of alcoholism and alcohol abuse and the  division
 of  substance  abuse services AND ALL REFERENCES TO THE OFFICE OF MENTAL
 HEALTH, shall be known  as  the  "office  of  addiction  [services]  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09785-08-1
              

 A. 8379                             2
 
 [supports]  MENTAL  HEALTH SERVICES."  Nothing in this subdivision shall
 be construed as requiring or prohibiting the further amendment of  stat-
 utes or regulations to conform to the provisions of this subdivision.
   § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281
 of  the  laws of 2019, is amended and two new sections 5.01-a and 5.01-b
 are added to read as follows:
 § 5.01 Department of mental hygiene.
   There shall continue to be in the state  government  a  department  of
 mental  hygiene.  Within  the  department  there  shall be the following
 autonomous offices:
   (1) office of ADDICTION AND mental health SERVICES; AND
   (2) office for people with developmental disabilities[;
   (3) office of addiction services and supports].
 § 5.01-A OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES.
   (A) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL BE A  NEW
 OFFICE  WITHIN  THE  DEPARTMENT FORMED BY THE INTEGRATION OF THE OFFICES
 AND SERVICES OF MENTAL HEALTH AND ADDICTION SERVICES AND SUPPORTS  WHICH
 SHALL FOCUS ON THE INTEGRATION OF CARE AND ISSUES RELATED TO BOTH MENTAL
 ILLNESS  AND  ADDICTION  IN  THE  STATE  AND CARRY OUT THE INTENT OF THE
 LEGISLATURE IN ESTABLISHING THE OFFICES PURSUANT TO ARTICLES  SEVEN  AND
 NINETEEN  OF  THIS  CHAPTER.  THE  OFFICE OF ADDICTION AND MENTAL HEALTH
 SERVICES IS CHARGED WITH ENSURING THE DEVELOPMENT OF COMPREHENSIVE PLANS
 FOR THE INTEGRATION OF PROGRAMS AND SERVICES IN THE  AREA  OF  RESEARCH,
 PREVENTION,  CARE  AND TREATMENT, CO-OCCURING DISORDERS, REHABILITATION,
 EDUCATION AND TRAINING, AND SHALL BE STAFFED TO PERFORM THE RESPONSIBIL-
 ITIES ATTRIBUTED TO THE OFFICE PURSUANT TO SECTIONS 7.07  AND  19.07  OF
 THIS  CHAPTER  AND  PROVIDE  INTEGRATED SERVICES AND PROGRAMS TO PROMOTE
 RECOVERY FOR INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS,  SUBSTANCE  USE
 DISORDER, OR A MENTAL HEALTH DIAGNOSIS AND SUBSTANCE USE DISORDER.
   (B)  THE  COMMISSIONER  OF  THE  OFFICE OF ADDICTION AND MENTAL HEALTH
 SERVICES SHALL BE VESTED WITH THE POWERS, DUTIES, AND OBLIGATIONS OF THE
 OFFICE OF MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS.    ADDITIONALLY,  TWO DEPUTY COMMISSIONERS SHALL BE APPOINTED,
 ONE DEPUTY COMMISSIONER TO REPRESENT ADDICTION  SERVICES  AND  SUPPORTS,
 WHICH  SHALL BE PROMINENTLY REPRESENTED TO ENSURE THE NEEDS OF SUBSTANCE
 USE DISORDER COMMUNITIES ARE MET, AND ONE DEPUTY COMMISSIONER TO  REPRE-
 SENT  MENTAL  HEALTH  SERVICES.    IN  CONJUNCTION WITH ONE ANOTHER, THE
 COMMISSIONERS SHALL DEVELOP A PLAN FOR INTEGRATING SERVICES WHICH  SHALL
 BE MADE AVAILABLE FOR PUBLIC COMMENT.
   (C)  THE  OFFICE  OF  ADDICTION AND MENTAL HEALTH SERVICES MAY LICENSE
 PROVIDERS TO PROVIDE INTEGRATED SERVICES FOR INDIVIDUALS WITH  A  MENTAL
 HEALTH  DIAGNOSIS,  SUBSTANCE USE DISORDER, OR A MENTAL HEALTH DIAGNOSIS
 AND SUBSTANCE USE DISORDER, IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
 COMMISSIONER.  SUCH DIRECT LICENSING MECHANISM ALLOWS FOR  RESOURCES  TO
 GET TO COMMUNITY-BASED ORGANIZATIONS IN AN EXPEDITED MANNER.
   (D) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL ESTABLISH
 A  STANDING  ADVISORY COMMITTEE ON ADDICTION AND MENTAL HEALTH SERVICES.
 THE STANDING ADVISORY COMMITTEE SHALL CONSIST OF SEVEN MEMBERS APPOINTED
 BY THE GOVERNOR AS FOLLOWS: (I) TWO MEMBERS APPOINTED ON THE RECOMMENDA-
 TION OF  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE;  (II)  TWO  MEMBERS
 APPOINTED  ON  THE  RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; (III)
 ONE MEMBER APPOINTED ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
 SENATE; (IV) ONE MEMBER APPOINTED ON THE RECOMMENDATION OF THE  MINORITY
 LEADER  OF THE ASSEMBLY; AND (V) ONE MEMBER APPOINTED ON THE RECOMMENDA-
 TION OF THE DEPARTMENT OF HEALTH AIDS INSTITUTE, THE  OFFICE  OF  MENTAL
 HEALTH  AND  THE OFFICE OF ADDICTION SERVICES AND SUPPORTS TO ENSURE THE
 A. 8379                             3

 INTENT OF THE LEGISLATURE IS FULFILLED IN ESTABLISHING  THE  INTEGRATION
 OF  SERVICES  BY  SUCH  OFFICE.   SUCH STANDING ADVISORY COMMITTEE SHALL
 CONSIST OF  PROVIDERS,  PEERS,  FAMILY  MEMBERS,  INDIVIDUALS  WHO  HAVE
 UTILIZED  ADDICTION SERVICES AND SUPPORTS AND/OR MENTAL HEALTH SERVICES,
 THE LOCAL GOVERNMENT UNIT AS DEFINED IN ARTICLE FORTY-ONE OF THIS  CHAP-
 TER, PUBLIC AND PRIVATE SECTOR UNIONS AND REPRESENTATIVES OF OTHER AGEN-
 CIES  OR  OFFICES AS THE DESIGNATED STANDING ADVISORY COMMITTEE MAY DEEM
 NECESSARY. SUCH STANDING ADVISORY  COMMITTEE  SHALL  MEET  REGULARLY  IN
 FURTHERANCE OF ITS FUNCTIONS AND AT ANY OTHER TIME AT THE REQUEST OF THE
 DESIGNATED STANDING ADVISORY COMMITTEE LEADER.
 § 5.01-B OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES.
   UNTIL   JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE,  THE  OFFICE  OF
 ADDICTION AND MENTAL HEALTH SERVICES SHALL  CONSIST  OF  THE  OFFICE  OF
 MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.
   § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281
 of the laws of 2019, is amended to read as follows:
 § 5.03 Commissioners.
   The  head  of the office of ADDICTION AND mental health SERVICES shall
 be the commissioner of  [mental  health]  ADDICTION  AND  MENTAL  HEALTH
 SERVICES; AND the head of the office for people with developmental disa-
 bilities  shall  be the commissioner of developmental disabilities[; and
 the head of the office of addiction services and supports shall  be  the
 commissioner  of  addiction  services  and  supports]. Each commissioner
 shall be appointed by the governor, by and with the advice  and  consent
 of  the  senate,  to  serve  at the pleasure of the governor.  UNTIL THE
 COMMISSIONER OF ADDICTION AND MENTAL HEALTH SERVICES IS APPOINTED BY THE
 GOVERNOR AND CONFIRMED BY THE SENATE, THE COMMISSIONER OF MENTAL  HEALTH
 AND  THE  COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS SHALL CONTINUE
 TO OVERSEE MENTAL HEALTH AND ADDICTION SERVICES RESPECTIVELY,  AND  WORK
 COLLABORATIVELY  TO  INTEGRATE  CARE  FOR  INDIVIDUALS  WITH BOTH MENTAL
 HEALTH AND SUBSTANCE USE DISORDERS.
   § 4. Section 5.05 of the mental hygiene law, as added by  chapter  978
 of  the  laws  of 1977, subdivision (a) as amended by chapter 168 of the
 laws of 2010, subdivision (b) as amended by chapter 294 of the  laws  of
 2007,  paragraph 1 of subdivision (b) as amended by section 14 of part J
 of chapter 56 of the laws of 2012, subdivision (d) as added  by  chapter
 58  of  the  laws of 1988 and subdivision (e) as added by chapter 588 of
 the laws of 2011, is amended to read as follows:
 § 5.05 Powers and duties of the head of the department.
   (a) The commissioners of the office of  ADDICTION  AND  mental  health
 SERVICES  and  the office for people with developmental disabilities, as
 the heads of the department, shall jointly visit and inspect,  or  cause
 to  be  visited  and  inspected, all facilities either public or private
 used for the care, treatment  [and],  rehabilitation,  AND  RECOVERY  of
 individuals  with  A  mental  [illness]  HEALTH DIAGNOSIS, SUBSTANCE USE
 DISORDER and developmental disabilities in accordance with the  require-
 ments of section four of article seventeen of the New York state consti-
 tution.
   (b)  (1)  The  commissioners  of  the  office  of ADDICTION AND mental
 health[,] SERVICES AND the office for people with developmental disabil-
 ities [and the office of alcoholism and substance abuse services]  shall
 constitute  an  inter-office coordinating council which, consistent with
 the autonomy of each office for matters within its  jurisdiction,  shall
 ensure  that the state policy for the prevention, care, treatment [and],
 rehabilitation, AND RECOVERY of  individuals  with  A  mental  [illness]
 HEALTH  DIAGNOSIS,  SUBSTANCE  USE DISORDERS and developmental disabili-
 A. 8379                             4
 
 ties[, alcoholism, alcohol abuse, substance abuse, substance dependence,
 and chemical dependence] is planned, developed and  implemented  compre-
 hensively;  that gaps in services to individuals with multiple disabili-
 ties  are eliminated and that no person is denied treatment and services
 because he or she has more than one disability; that procedures for  the
 regulation  of programs which offer care and treatment for more than one
 class of persons with mental disabilities  be  coordinated  between  the
 offices  having  jurisdiction  over  such  programs;  and  that research
 projects of the institutes, as identified in section 7.17  [or],  13.17,
 OR  19.17  of  this chapter or as operated by the office for people with
 developmental disabilities, are coordinated to maximize the success  and
 cost  effectiveness  of  such  projects and to eliminate wasteful dupli-
 cation.
   (2) The inter-office  coordinating  council  shall  annually  issue  a
 report  on its activities to the legislature on or before December thir-
 ty-first.  Such annual report shall include, but not be limited to,  the
 following  information: proper treatment models and programs for persons
 with multiple disabilities and suggested improvements to such models and
 programs; research projects of the  institutes  and  their  coordination
 with  each other; collaborations and joint initiatives undertaken by the
 offices of the department; consolidation of regulations of each  of  the
 offices  of  the department to reduce regulatory inconsistencies between
 the offices; inter-office or  office  activities  related  to  workforce
 training  and  development;  data  on  the  prevalence,  availability of
 resources and service utilization by persons with multiple disabilities;
 eligibility standards of each office of the department affecting clients
 suffering from multiple disabilities, and  eligibility  standards  under
 which  a  client is determined to be an office's primary responsibility;
 agreements or arrangements on statewide, regional and  local  government
 levels addressing how determinations over client responsibility are made
 and  client  responsibility  disputes  are  resolved; information on any
 specific cohort of clients with multiple disabilities for which substan-
 tial barriers in  accessing  or  receiving  appropriate  care  has  been
 reported  or  is  known  to the inter-office coordinating council or the
 offices of the department; and coordination of  planning,  standards  or
 services for persons with multiple disabilities between the inter-office
 coordinating  council,  the  offices of the department and local govern-
 ments in accordance with the local planning requirements  set  forth  in
 article forty-one of this chapter.
   (c)  The  commissioners shall meet from time to time with the New York
 state conference of local mental hygiene directors to assure  consistent
 procedures  in  fulfilling the responsibilities required by this section
 and by article forty-one of this chapter.
   (d) [1.] (1) The commissioner of ADDICTION AND mental health  SERVICES
 shall  evaluate  the  type and level of care required by patients in the
 adult psychiatric centers authorized by section 7.17 of this chapter and
 develop appropriate comprehensive requirements for the staffing of inpa-
 tient wards. These  requirements  should  reflect  measurable  need  for
 administrative  and  direct  care staff including physicians, nurses and
 other clinical staff, direct  and  related  support  and  other  support
 staff, established on the basis of sound clinical judgment. The staffing
 requirements  shall include but not be limited to the following: (i) the
 level of care based on patient needs, including on ward activities, (ii)
 the number of admissions, (iii) the geographic location of each  facili-
 ty,  (iv) the physical layout of the campus, and (v) the physical design
 of patient care wards.
 A. 8379                             5
 
   [2.] (2) Such commissioner,  in  developing  the  requirements,  shall
 provide for adequate ward coverage on all shifts taking into account the
 number  of  individuals  expected  to be off the ward due to sick leave,
 workers' compensation, mandated training and all other off ward leaves.
   [3.]  (3)  The  staffing requirements shall be designed to reflect the
 legitimate needs of facilities so as to ensure  full  accreditation  and
 certification  by  appropriate regulatory bodies. The requirements shall
 reflect appropriate industry standards. The staffing requirements  shall
 be fully measurable.
   [4.]  (4)  The  commissioner  of  ADDICTION AND mental health SERVICES
 shall submit an interim report to the governor and  the  legislature  on
 the development of the staffing requirements on October first, [nineteen
 hundred  eighty-eight] TWO THOUSAND TWENTY-TWO and again on April first,
 [nineteen hundred eighty-nine] TWO THOUSAND  TWENTY-THREE.  The  commis-
 sioner  shall  submit a final report to the governor and the legislature
 no later than October first, [nineteen hundred eighty-nine] TWO THOUSAND
 TWENTY-THREE and shall include in his  report  a  plan  to  achieve  the
 staffing  requirements  and  the  length of time necessary to meet these
 requirements.
   (e) The commissioners of the office of ADDICTION AND mental  health[,]
 SERVICES AND THE office for people with developmental disabilities[, and
 the  office  of  alcoholism and substance abuse services] shall cause to
 have all new contracts with  agencies  and  providers  licensed  by  the
 offices to have a clause requiring notice be provided to all current and
 new  employees of such agencies and providers stating that all instances
 of abuse shall be investigated pursuant to  this  chapter,  and,  if  an
 employee  leaves  employment  prior to the conclusion of a pending abuse
 investigation, the investigation shall continue. Nothing in this section
 shall be deemed to diminish the rights, privileges, or remedies  of  any
 employee  under  any  other  law  or  regulation or under any collective
 bargaining agreement or employment contract.
   § 5. Section 7.01 of the mental hygiene law, as added by  chapter  978
 of the laws of 1977, is amended to read as follows:
 § 7.01 Declaration of policy.
   The  state of New York and its local governments have a responsibility
 for the prevention and early detection of mental [illness] HEALTH DISOR-
 DERS and for the comprehensively planned care, treatment [and], rehabil-
 itation AND RECOVERY of [their mentally ill citizens] INDIVIDUALS WITH A
 MENTAL HEALTH DIAGNOSIS.
   Therefore, it shall be the policy of the state to conduct research and
 to develop programs which further  prevention  and  early  detection  of
 mental  [illness]  HEALTH  DISORDERS;  to develop a comprehensive, inte-
 grated system of treatment [and], rehabilitative AND  RECOVERY  services
 for  [the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS. Such
 a system should include, whenever possible, the provision  of  necessary
 treatment services to people in their home communities; it should assure
 the  adequacy and appropriateness of residential arrangements for people
 in need of service; and it should rely upon improved programs of  insti-
 tutional  care  only  when  necessary  and  appropriate. Further, such a
 system should recognize the important therapeutic roles  of  all  disci-
 plines  which  may  contribute to the care or treatment of [the mentally
 ill] INDIVIDUALS WITH A MENTAL HEALTH  DIAGNOSIS,  such  as  psychology,
 social  work,  psychiatric  nursing,  special education and other disci-
 plines in the field of mental illness, as well as psychiatry and  should
 establish accountability for implementation of the policies of the state
 A. 8379                             6
 
 with  regard  to  the  care  [and],  rehabilitation AND RECOVERY of [the
 mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS.
   To  facilitate  the  implementation  of  these policies and to further
 advance the interests of [the mentally ill] INDIVIDUALS  WITH  A  MENTAL
 HEALTH DIAGNOSIS and their families, a new autonomous agency to be known
 as  the  office  of ADDICTION AND mental health SERVICES has been estab-
 lished by this article. The office and its commissioner shall  plan  and
 work  with  local  governments, voluntary agencies and all providers and
 consumers of mental health services in order to  develop  an  effective,
 integrated,  comprehensive  system  for  the delivery of all services to
 [the mentally ill] INDIVIDUALS WITH A MENTAL  HEALTH  DIAGNOSIS  and  to
 create  financing  procedures and mechanisms to support such a system of
 services to ensure that [mentally  ill]  persons  in  need  of  services
 receive  appropriate  care,  treatment and rehabilitation close to their
 families and communities. In carrying out  these  responsibilities,  the
 office  and its commissioner shall make full use of existing services in
 the community including those provided by voluntary organizations.
   § 6. Section 19.01 of the mental hygiene law, as added by chapter  223
 of the laws of 1992, is amended to read as follows:
 § 19.01 Declaration of policy.
   The legislature declares the following:
   [Alcoholism] UNHEALTHY ALCOHOL USE, substance [abuse] USE DISORDER and
 chemical  dependence  pose major health and social problems for individ-
 uals and their families when left  untreated,  including  family  devas-
 tation,  homelessness, [and] unemployment, AND DEATH. It has been proven
 that successful prevention [and], INTEGRATED  treatment,  AND  SUSTAINED
 RECOVERY  can  dramatically  reduce  costs  to the health care, criminal
 justice and social welfare systems.
   The tragic, cumulative and often fatal  consequences  of  [alcoholism]
 UNHEALTHY  ALCOHOL  USE and substance [abuse] USE DISORDER are, however,
 preventable and treatable disabilities that require  a  coordinated  and
 multi-faceted network of services.
   The  legislature recognizes locally planned and implemented prevention
 as a primary means to avert the onset of [alcoholism] UNHEALTHY  ALCOHOL
 USE and substance [abuse] USE DISORDER. It is the policy of the state to
 promote  comprehensive, age appropriate education for children and youth
 and stimulate public awareness of the risks associated with [alcoholism]
 UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER.  Further,  the
 legislature acknowledges the need for a coordinated state policy for the
 establishment  of  prevention  [and],  treatment,  AND RECOVERY programs
 designed to address the problems of  chemical  dependency  among  youth,
 including  prevention  and intervention efforts in school and community-
 based programs designed to identify and refer high risk youth in need of
 chemical dependency services.
   Substantial benefits can  be  gained  through  [alcoholism]  UNHEALTHY
 ALCOHOL  USE  and  substance  [abuse]  USE  DISORDER  treatment for both
 addicted individuals and their  families.  Positive  treatment  outcomes
 that  may be generated through a complete continuum of care offer a cost
 effective and comprehensive approach to [rehabilitating]  TREATING  such
 individuals.  The  primary  goals  of the [rehabilitation] TREATMENT and
 recovery process are to [restore]  REBUILD  social,  family,  lifestyle,
 vocational and economic supports by stabilizing an individual's physical
 and  psychological  functioning.   The legislature recognizes the impor-
 tance of varying treatment approaches and levels  of  care  designed  to
 meet   each  [client's]  INDIVIDUAL'S  needs.    [Relapse]  REOCCURRENCE
 A. 8379                             7
 
 prevention and aftercare are two primary components  of  treatment  that
 serve to promote and maintain recovery.
   The  legislature  recognizes  that  the  distinct  treatment  needs of
 special populations, including women and women  with  children,  persons
 with  HIV  infection, persons [diagnosed] with A mental [illness] HEALTH
 DIAGNOSIS, persons who [abuse] MISUSE chemicals, the homeless and veter-
 ans with posttraumatic stress disorder, merit particular  attention.  It
 is  the intent of the legislature to promote effective interventions for
 such populations in need of particular attention. The  legislature  also
 recognizes  the  importance of family support for individuals in alcohol
 or substance [abuse] USE DISORDER treatment and  recovery.  Such  family
 participation  can  provide lasting support to the recovering individual
 to [prevent relapse and maintain] SUPPORT SUSTAINED recovery. The inter-
 generational cycle of chemical dependency within families can be  inter-
 cepted through appropriate interventions.
   The  state of New York and its local governments have a responsibility
 in coordinating the delivery of [alcoholism] UNHEALTHY ALCOHOL  USE  and
 substance  [abuse]  USE DISORDER services, through the entire network of
 service providers.  To  accomplish  these  objectives,  the  legislature
 declares that the establishment of a single, unified office of [alcohol-
 ism  and  substance  abuse]  ADDICTION  AND  MENTAL HEALTH services will
 provide an integrated  framework  to  plan,  oversee  and  regulate  the
 state's  prevention and treatment network. In recognition of the growing
 trends and incidence of chemical dependency, this  consolidation  allows
 the  state  to  respond  to the changing profile of chemical dependency.
 The legislature recognizes that  some  distinctions  exist  between  the
 [alcoholism]  UNHEALTHY  ALCOHOL  USE and substance [abuse] USE DISORDER
 field  and  THE  MENTAL  HEALTH  FIELD  AND  where  appropriate,   those
 distinctions  may  be  preserved.  Accordingly,  it is the intent of the
 state to establish  one  office  of  [alcoholism  and  substance  abuse]
 ADDICTION  AND  MENTAL HEALTH services in furtherance of a comprehensive
 service delivery system.
   § 7. Upon or prior to January 1, 2023, the governor  may  nominate  an
 individual  to  serve  as  commissioner  of  the office of addiction and
 mental health services. If such individual is confirmed  by  the  senate
 prior  to  January  1,  2023,  they shall become the commissioner of the
 office of addiction and mental health services.  The governor may desig-
 nate a person to exercise the powers of the commissioner of  the  office
 of  addiction  and  mental  health  services  on  an acting basis, until
 confirmation of a nominee by the senate, who  is  hereby  authorized  to
 take  such  actions as are necessary and proper to implement the orderly
 transition of the  functions,  powers  as  duties  as  herein  provided,
 including  the preparation for a budget request for the office as estab-
 lished by this act.
   § 8. Upon the transfer pursuant to  this  act  of  the  functions  and
 powers  possessed by and all of the obligations and duties of the office
 of mental health and the office of addiction services  and  supports  as
 established  pursuant  to  the mental hygiene law and other laws, to the
 office of addiction and mental health services  as  prescribed  by  this
 act,  provision shall be made for the transfer of all employees from the
 office of mental  health  and  the  office  of  addiction  services  and
 supports  into  the  office  of  addiction  and  mental health services.
 Employees so transferred shall be transferred without  further  examina-
 tion  or qualification to the same or similar titles and shall remain in
 the same collective bargaining units and shall retain  their  respective
 A. 8379                             8
 
 civil  service  classifications,  status,  and  rights pursuant to their
 collective bargaining units and collective bargaining agreements.
   § 9. Notwithstanding any contrary provision of law, on or before Octo-
 ber  1, 2022 and annually thereafter, the office of addiction and mental
 health services, in consultation with the department  of  health,  shall
 issue  a report, and post such report on their public website, detailing
 the office's expenditures for  addiction  and  mental  health  services,
 including  total  Medicaid spending directly by the state to licensed or
 designated providers and payments to managed care providers pursuant  to
 section  364-j  of  the social services law. The office of addiction and
 mental health services shall examine reports produced pursuant  to  this
 section and may make recommendations to the governor and the legislature
 regarding  appropriations  for  addiction  and mental health services or
 other provisions of law which may be necessary to effectively  implement
 the creation and continued operation of the office.
   § 10. Any financial saving realized from the creation of the office of
 addiction and mental health services shall be reinvested in the services
 and supports funded by such office.
   §  11.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion to be invalid, such judgment shall not affect, impair or invalidate
 the  remainder  thereof,  but  shall be confined in its operation to the
 clause, sentence, paragraph, section or part thereof  directly  involved
 in the controversy in which such judgment shall have been rendered.
   §  12.  This act shall take effect immediately. Effective immediately,
 the office of mental health and the office  of  addiction  services  and
 supports  are  authorized  to  promulgate the addition, amendment and/or
 repeal of any rule or regulation or engage in any work necessary for the
 implementation of this act on its effective date authorized to  be  made
 and completed on or before such effective date.