NY State Senate Bill 2021-S2980A

Senate Bill S2980A

2021-2022 Legislative Session

Directs a review and report concerning the prescribing and treatment history of persons in this state who suffered fatal and nonfatal opiate overdoses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Alcoholism And Substance Abuse Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to alcoholism and substance abuse
May 10, 2021	reported and committed to finance
May 05, 2021	print number 2980a
May 05, 2021	amend (t) and recommit to alcoholism and substance abuse
Jan 26, 2021	referred to alcoholism and substance abuse

Votes

- May 10, 2021 - Alcoholism And Substance Use Disorders Committee Vote
  S2980A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Alcoholism And Substance Use Disorders Committee Vote: May 10, 2021
      
      aye (7)
      
      Akshar
      
      Brouk
      
      Harckham
      
      Hinchey
      
      Kaplan
      
      Oberacker
      
      Rivera

Bill Amendments

Original

A (Active)

2021-S2980 - Details

Current Committee:: Senate Alcoholism And Substance Abuse
Law Section:: Health
Versions Introduced in 2019-2020 Legislative Session:: S7774

2021-S2980 - Summary

Directs the department of health, in cooperation with various state offices and agencies to review, evaluate, and make recommendations concerning the prescribing and treatment history of persons in this state who suffered fatal and nonfatal opiate overdoses.

2021-S2980 - Sponsor Memo

                                 
BILL NUMBER: S2980

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to direct the department of health, in cooperation with various
state offices and agencies to study, evaluate, and make recommendations
concerning the prescribing and treatment history of persons in this
state who suffered fatal and nonfatal opiate overdoses

 
PURPOSE:

To improve data sharing amongst various agencies and offices to reduce
overdose rates in New York State.

 
SUMMARY OF PROVISIONS:

Section one directs state agencies and offices to conduct a study on the
circumstances of fatal and nonfatal overdoses in the state.

Section two sets the effective date.

 
JUSTIFICATION:

In 2017, there were more than 3,200 overdose deaths around New York
State. In 2016, there were more than 11,000 emergency room visits for
opioid overdoses. While efforts have been made to reduce overdose, such
as increasing access to naloxone and medication assisted treatment, more
must be done to ensure anyone struggling with an opioid use disorder,
regardless of geography, insurance status or other circumstance, has
adequate access to treatment and recovery programs.

A key component in implementing policies to reduce overdose is data
sharing. Multiple offices and state agencies are involved in fighting
the overdose crisis, including the Office of Addiction Services and
Supports, the Office of Mental Hygiene, and the Department of
Corrections and Community Supervision. By improving data sharing among
these offices, we can gain a better understanding of the extent of
opioid use disorder in New York State and identify any potential gaps in
care that should be addressed to reduce overdose rates.

This legislation will require the Department of Health to work in coop-
eration with other relevant agencies and departments to study the anony-
mous prescribing and treatment history of individuals who have suffered
overdose, including those in the criminal justice system, and their
experiences with seeking treatment. Upon completion of gathering such
anonymized data, a report on the trends that were discovered will be
made available to the legislature for purposes of developing policy to
further reduce overdose.

 
LEGISLATIVE HISTORY:

2020: S7774 referred to Alcoholism and Substance Abuse; same as A8933
(Rosenthal L) referred to health

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2980 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2980
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse
 
 AN  ACT  to direct the department of health, in cooperation with various
   state offices and agencies to study, evaluate,  and  make  recommenda-
   tions  concerning  the prescribing and treatment history of persons in
   this state who suffered fatal and nonfatal opiate overdoses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Study of the prescribing and treatment history of persons
 in this state who suffered fatal and nonfatal opiate overdoses. 1. Defi-
 nitions. For the purposes of this section:
   a. "Multiple provider episodes" shall mean  a  single  patient  having
 access to opiate prescriptions from more than one provider.
   b.  "Poly-substance  access"  shall mean a patient having simultaneous
 prescriptions for an opiate and a benzodiazepine or for  an  opiate  and
 another drug which may enhance the effects or the risks of drug abuse or
 overdose.
   c.  "Provider"  shall  include  any  individual practicing medicine as
 defined in section 6521 of the education law.
   2. Study. The department of health, in cooperation with the department
 of corrections  and  community  supervision,  the  office  of  addiction
 services  and supports, and the office of mental health, shall conduct a
 study of the prescribing and treatment history, including  court-ordered
 treatment or treatment within the criminal justice system, of persons in
 this  state who suffered fatal or nonfatal opiate overdoses beginning in
 the calendar years 2011 to 2020 and yearly thereafter. Such study shall,
 with regard to such persons, conduct or provide for an examination of:
   a. instances of multiple provider episodes;
   b. instances of poly-substance access;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00365-01-1

 S. 2980                             2
 
   c. the overall opiate prescription history of  individuals,  including
 whether  such  individuals  had access to legal prescriptions for opiate
 drugs at the time of their overdoses;
   d.  whether individuals had previously undergone voluntary or involun-
 tary treatment for substance addiction or behavioral health;
   e. whether individuals had attempted to enter but were  denied  access
 to treatment for substance addiction or behavioral health;
   f.  whether  individuals  had  received past treatment for a substance
 overdose; and
   g. whether any individuals had been previously detained or incarcerat-
 ed and, if so, whether such individuals had  received  treatment  during
 such detention or incarceration.
   3.  Report.  No  later  than one year after the effective date of this
 act, the department of health, in cooperation  with  the  department  of
 corrections  and community supervision, the office of addiction services
 and supports, and the office of mental health, shall deliver a report in
 an aggregate and de-identified form on  trends  discovered  through  the
 study  conducted  pursuant  to  subdivision  two  of this section to the
 governor, the temporary president of the senate, and the speaker of  the
 assembly.  The reports for the calendar year 2020 shall be completed and
 delivered to the governor, the temporary president of the senate and the
 speaker of the assembly by December 31, 2021. For future calendar years,
 the report shall be completed and delivered to such persons on or before
 December 31 of the following year.
   4.  Powers. All other departments or agencies of the state or subdivi-
 sions thereof, and local  governments  shall,  at  the  request  of  the
 commissioner  of  health,  the commissioner of corrections and community
 supervision, the commissioner of the office of  addiction  services  and
 supports,  or the commissioner of the office of mental health, or at the
 request of the designee of any  such  commissioner,  provide  expertise,
 assistance,  and/or  data that is relevant or material to the completion
 of the study directed to be completed by subdivision two of this section
 and the report directed to be completed by  subdivision  three  of  this
 section.
   § 2. This act shall take effect immediately.

2021-S2980A (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Abuse
Law Section:: Health
Versions Introduced in 2019-2020 Legislative Session:: S7774

2021-S2980A (ACTIVE) - Summary

2021-S2980A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2980A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to direct the department of health, in cooperation with various
state offices and agencies, to review, evaluate, and make recommenda-
tions concerning the prescribing and treatment history of persons in
this state who suffered fatal and nonfatal opiate overdoses

 
PURPOSE:

Directs a review and report concerning the prescribing and treatment
history of persons in this state who suffered fatal and nonfatal opiate
overdoses

 
SUMMARY OF PROVISIONS:

Section one directs state agencies and offices to conduct a review on
the circumstances of fatal and nonfatal opiate overdoses of persons in
the state beginning in 2011 to 2020 and yearly thereafter.  Addi-

tionally, no later than one year after the effective date, the depart-
ment of health, in cooperation with other listed agencies and offices
shall deliver a report in an aggregate and de-identified form on trends
discovered through the review conducted.

Section two sets the effective date.

 
JUSTIFICATION:

In 2017, there were more than 3,200 overdose deaths around New York
State. In 2016, there were more than 11,000 emergency room visits for
opioid overdoses. While efforts have been made to reduce overdose, such
as increasing access to naloxone and medication assisted treatment, more
must be done to ensure anyone struggling with an opioid use disorder,
regardless of geography, insurance status or other circumstance, has
adequate access to treatment and recovery programs.

A key component in implementing policies to reduce overdose is data
sharing. Multiple offices and state agencies are involved in fighting
the overdose crisis, including the Office of Addiction Services and
Supports, the Office of Mental Hygiene, and the Department of
Corrections and Community Supervision. By improving data sharing among
these offices, we can gain a better understanding of the extent of
opioid use disorder in New York State and identify any potential gaps in
care that should be addressed to reduce overdose rates.

This legislation will require the Department of Health to work in coop-
eration with other relevant agencies and departments to study the anony-
mous prescribing and treatment history of individuals who have suffered
overdose, including those in the criminal justice system, and their
experiences with seeking treatment. Upon completion of gathering such
anonymized data, a report on the trends that were discovered will be
made available to the legislature for purposes of developing policy to
further reduce overdose.

 
LEGISLATIVE HISTORY:


2020: S7774 referred to Alcoholism and Substance Abuse; same as A8933
(Rosenthal L) referred to health

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2980A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2980--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to direct the department of health, in cooperation  with  various
   state  offices and agencies, to review, evaluate, and make recommenda-
   tions concerning the prescribing and treatment history of  persons  in
   this state who suffered fatal and nonfatal opiate overdoses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Review of the prescribing and treatment history of  persons
 in this state who suffered fatal and nonfatal opiate overdoses. 1. Defi-
 nitions. For the purposes of this section:
   a.  "Multiple  provider  episodes"  shall mean a single patient having
 access to opiate prescriptions from more than one provider.
   b. "Poly-substance access" shall mean a  patient  having  simultaneous
 prescriptions  for  an  opiate and a benzodiazepine or for an opiate and
 another drug which may enhance the effects or the risks of substance use
 disorder or overdose.
   c. "Provider" shall include  any  individual  practicing  medicine  as
 defined in section 6521 of the education law.
   2.  Review.  The department of health, in cooperation with the depart-
 ment of corrections and community supervision, the office  of  addiction
 services  and supports, and the office of mental health, shall conduct a
 review of the prescribing and treatment history, including court-ordered
 treatment or treatment within the criminal justice system, of persons in
 this state who suffered fatal or nonfatal opiate overdoses beginning  in
 the  calendar  years  2011  to  2020  and yearly thereafter. Such review
 shall, with regard to such persons, conduct or provide for  an  examina-
 tion of:
   a. instances of multiple provider episodes;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00365-02-1

 S. 2980--A                          2
 
   b. instances of poly-substance access;
   c.  the  overall opiate prescription history of individuals, including
 whether such individuals had access to legal  prescriptions  for  opiate
 drugs at the time of their overdoses;
   d.  whether individuals had previously undergone voluntary or involun-
 tary treatment for substance addiction or behavioral health;
   e. whether individuals had attempted to enter but were  denied  access
 to treatment for substance addiction or behavioral health;
   f.  whether  individuals  had  received past treatment for a substance
 overdose; and
   g. whether any individuals had been previously detained or incarcerat-
 ed and, if so, whether such individuals had  received  treatment  during
 such detention or incarceration.
   3.  Report.  No  later  than one year after the effective date of this
 act, the department of health, in cooperation  with  the  department  of
 corrections  and community supervision, the office of addiction services
 and supports, and the office of mental health, shall deliver a report in
 an aggregate and de-identified form on  trends  discovered  through  the
 review  conducted  pursuant  to  subdivision  two of this section to the
 governor, the temporary president of the senate, and the speaker of  the
 assembly.  The reports for the calendar year 2020 shall be completed and
 delivered to the governor, the temporary president of the senate and the
 speaker of the assembly by December 31, 2021. For future calendar years,
 the report shall be completed and delivered to such persons on or before
 December 31 of the following year.
   4.  Powers.    (a) The commissioner of health, the commissioner of the
 department of corrections and community supervision, the commissioner of
 the office of addiction services and supports and  the  commissioner  of
 the  office  of  mental  health  may  be  granted access to information,
 including, but not  limited  to  death  records,  medical  or  treatment
 records,  autopsy reports, toxicology reports, and any other information
 that will help the departments and offices under this section to proper-
 ly carry out its functions, powers and duties. Such information obtained
 may not be used for law enforcement purposes.
   (b) All other departments or agencies of  the  state  or  subdivisions
 thereof, and local governments shall, at the request of the commissioner
 of  health,  the  commissioner of corrections and community supervision,
 the commissioner of the office of addiction services  and  supports,  or
 the  commissioner  of  the office of mental health, or at the request of
 the designee of any such commissioner,  provide  expertise,  assistance,
 and/or data that is relevant or material to the completion of the review
 directed  by  subdivision two of this section and the report directed to
 be completed by subdivision three of this section.
   5. Confidentiality. In publishing data under this act, the commission-
 er of health shall take all necessary steps to protect  the  privacy  of
 individuals  whose  information  is included in such data, including but
 not limited to,  complying with privacy  protections  promulgated  under
 the federal Health Insurance Portability and Account Act of 1996.
   § 2. This act shall take effect immediately.

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