S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9730
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law,  in  relation  to  requiring  an
   annual  report  for  the independent substance use disorder and mental
   health ombudsman program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  33.27  of  the  mental  hygiene law, as added by
 section 1 of part FF of chapter 57 of the laws of 2018,  is  amended  to
 read as follows:
 § 33.27 Independent substance use disorder and mental health ombudsman.
   (a)  There  is  hereby  established  the  office  of  the  independent
 substance use disorder and mental health ombudsman program that will  be
 operated  or  selected by the office of [alcoholism and substance abuse]
 ADDICTION services AND SUPPORTS, in  consultation  with  the  office  of
 mental  health for the purpose of assisting individuals with a substance
 use disorder and/or mental illness to ensure that they receive appropri-
 ate health insurance coverage.
   (b) Such ombudsman  will  identify,  investigate,  refer  and  resolve
 complaints  that  are  made  by,  or on behalf of, consumers relative to
 health insurance coverage and access to initial and continuing substance
 use disorder care and mental health care; accept, investigate, refer and
 help to resolve complaints that are made by treatment providers relative
 to health insurance coverage of and reimbursement for initial or contin-
 uing substance use disorder and mental health care; accept, investigate,
 refer and help to resolve complaints that are made by or  on  behalf  of
 consumers or by providers relative to network adequacy for access to and
 continuing  substance  use  disorder  and mental health care. BY OCTOBER
 THIRTY-FIRST ANNUALLY, THE OMBUDSMAN MUST SUBMIT AN ANNUAL REPORT SUMMA-
 RIZING THE WORK OF THE  PROGRAM  AND  MAKE  RECOMMENDATIONS  TO  ADDRESS
 SYSTEMIC  ISSUES IDENTIFIED DURING THE PREVIOUS YEAR. SUCH ANNUAL REPORT
 SHALL BE SUBMITTED TO THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE, THE SPEAKER OF THE ASSEMBLY AND THE RELEVANT LEGISLATIVE COMMIT-
 TEE CHAIRS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13377-03-2
 A. 9730                             2
 
   (c)  Notwithstanding  sections  one  hundred  twelve  and  one hundred
 sixty-three of the state finance law and section one  hundred  forty-two
 of  the economic development law, or any other inconsistent provision of
 law, funds available for expenditure pursuant to this  section  for  the
 establishment  of  an  ombudsman  for  substance use disorder and mental
 health insurance coverage, may  be  allocated  and  distributed  by  the
 commissioner of the office of [alcoholism and substance abuse] ADDICTION
 services  AND  SUPPORTS,  subject to the approval of the director of the
 budget, without a competitive bid or request for  proposal  process  for
 the  establishment of an ombudsman for substance use disorder and mental
 health insurance coverage. Provided, however, that  such  allocation  or
 distribution must be based on objective criteria and an allocation meth-
 odology that is approved by the director of the budget.
   § 2. This act shall take effect immediately.