NY State Senate Bill 2021-S6311

Archive: Last Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Apr 21, 2021	referred to health

2021-S6311 (ACTIVE) - Details

See Assembly Version of this Bill:: A8099
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §§364-m & 488, Soc Serv L; amd §2801, Pub Health L; amd §§31.02 & 32.05, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:: S2704, A3870

2021-S6311 (ACTIVE) - Summary

Authorizes the commissioners of the department of health, the office of mental health, and the office of addiction services and support to jointly establish a single set of licensing standards and requirements for the construction, operation, reporting and surveillance of comprehensive outpatient services centers.

2021-S6311 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6311

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the social services law, the public health law and the
mental hygiene law, in relation to setting comprehensive outpatient
services

 
PURPOSE:

Relates to setting comprehensive outpatient services

 
SUMMARY OF PROVISIONS:

Section 1 creates the "comprehensive outpatient services act of 2021"

Section 2 provides that notwithstanding of any law, rule or regulation
to the contrary, the commissioners of the department of health, the
office of mental health, and the office of addiction services and
supports are authorized to jointly establish a single set of licensing

standards and requirements for the construction, operation, reporting
and surveillance of comprehensive outpatient services centers. This
section also includes such standards and requirements and defines rele-
vant terms.

Section 3 amends subdivision 4 of section 488 of the social services law
to include new paragraph (a-1) to read as follows: a comprehensive
outpatient services center which is licensed, or certified by section
three hundred sixty-four-m of this chapter, provided however that such
term shall not include the provision of physical health services
rendered in such facility or program.

Section 4 amends subdivision 1 of section 2801 of the public health law
to expand the definition of "hospital" to ensure that no provision of
this article or any other provisions of law be constructed to limit the
volume of primary care services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.

Section 5 amends subdivision f of section 31.02 of the mental hygiene
law to make technical changes to the official name of the office of
addiction services and supports. A provision is included to state that
with the expectation of paragraph d of subdivision six of section three
hundred sixtyfour-m of the social services law, no provision of this
article or any other provisions of law shall be construed to limit the
volume of mental health services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.

Section 6 amends subdivision f of section 32.05 of the mental hygiene
law to make technical changes to the official name of the office of
addiction services and supports. A provision is included to state that
with the expectation of paragraph d of subdivision six of section three
hundred sixtyfour-m of the social services law, no provision of this
article or any other provisions of law shall be construed to limit the
volume of mental health services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.
Section 7 states the effective date.

 
JUSTIFICATION:

Oftentimes patients suffering from substance use disorder have one or
more co-occuring mental disorders that attribute greatly to their
substance use disorder. Unfortunately, individuals who are suffering
with substance use disorder and their loved ones are left to navigate
multiple systems because there is no one place that will treat the whole
person.

To families and providers it is apparent that their substance use and
mental health are deeply intertwined. Too often, the result is that both
needs are left unmet as each system wastes valuable time deciding who
this patient belongs to, and the consequences can be deadly.

We are failing these individuals when we treat a substance use disorder
while neglecting to recognize the mental health issue that may be the
root cause of the patient's substance use disorder. This bill would
provide a more patient-centered focus on holistic care and co-occurring
disorders while reducing barriers to treatment.  Individuals who receive
integrated mental health and substance services show better clinical
improvements and report better treatment satisfaction.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2022; provided, however, that the
amendments to section 364-m of the social services law be made by
section two of this act shall not affect the repeal of such section and
shall be deemed to repeal therewith. Effective immediately, the commis-
sioner of the department of health, the commissioner of the office of
mental health and the commissioner of the office of addiction services
and supports are authorized to issue any rule or regulation necessary
for the implementation of this act on or before its effective date.

2021-S6311 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6311
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, the public health law  and  the
   mental  hygiene  law,  in relation to setting comprehensive outpatient
   services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "comprehen-
 sive outpatient services act of 2021".
   §  2.  Section 364-m of the social services law is amended by adding a
 new subdivision 6 to read as follows:
   6. COMPREHENSIVE OUTPATIENT SERVICES CENTERS. (A)  DEFINITIONS.    FOR
 THE  PURPOSE OF THIS ARTICLE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
 WISE:
   (I) "MENTAL HEALTH SERVICES"  MEANS  SERVICES  FOR  THE  TREATMENT  OF
 MENTAL ILLNESS.
   (II)   "ADDICTION  SERVICES"  MEANS  SERVICES  FOR  THE  TREATMENT  OF
 ADDICTION DISORDERS.
   (III) "COMPREHENSIVE OUTPATIENT SERVICES" MEANS THE SYSTEMATIC COORDI-
 NATION OF EVIDENCE-BASED HEALTH CARE SERVICES, TO INCLUDE THE  PREVENTA-
 TIVE,  DIAGNOSTIC,  THERAPEUTIC AND REHABILITATIVE CARE AND TREATMENT OF
 MENTAL ILLNESS, ADDICTION AND THE PROVISION OF PHYSICAL HEALTH SERVICES,
 OTHERWISE PROVIDED BY A  DIAGNOSTIC  AND  TREATMENT  CENTER  OR  GENERAL
 HOSPITAL  OUTPATIENT  PROGRAM  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, A MENTAL HEALTH CLINIC LICENSED PURSUANT  TO  ARTICLE
 THIRTY-ONE OF THE MENTAL HYGIENE LAW, OR AN ADDICTION PROVIDER CERTIFIED
 PURSUANT  TO ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW TO AN INDIVID-
 UAL SEEKING SERVICES REGARDLESS OF THEIR  PRIMARY  DIAGNOSIS  OR  HEALTH
 COMPLAINT;  PROVIDED,  HOWEVER,  THAT  THE SCOPE OF SUCH SERVICES MAY BE
 RESTRICTED PURSUANT TO REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10781-01-1

 S. 6311                             2
 
   (IV) "COMPREHENSIVE OUTPATIENT  SERVICES  CENTERS"  MEANS  A  FACILITY
 APPROVED IN ACCORDANCE WITH THIS SECTION TO PROVIDE COMPREHENSIVE OUTPA-
 TIENT  SERVICES  IN  ORDER TO PROMOTE HEALTH AND BETTER OUTCOMES FOR THE
 RECIPIENT, PARTICULARLY FOR POPULATIONS AT RISK.
   (V)  "MEDICAL  DIRECTOR"  IS  A  PHYSICIAN  WHO IS RESPONSIBLE FOR THE
 SERVICES DELIVERED BY THE COMPREHENSIVE  OUTPATIENT  SERVICES  PROVIDER,
 FOR THE OVERALL DIRECTION OF THE SERVICES PROVIDED AND THE DIRECT SUPER-
 VISION OF MEDICAL STAFF IN THE DELIVERY OF SERVICES.
   (VI)  "PHYSICAL  HEALTH  SERVICES" MEANS SERVICES PROVIDED BY A PHYSI-
 CIAN, PHYSICIAN'S ASSISTANT, NURSE PRACTITIONER, OR MIDWIFE ACTING WITH-
 IN HIS OR HER LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF  THE  EDUCA-
 TION LAW AND WHO IS PRACTICING IN A PRIMARY CARE SPECIALTY.
   (B)  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THE
 COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL  HEALTH,
 AND  THE  OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS ARE AUTHORIZED TO
 JOINTLY ESTABLISH A SINGLE SET OF LICENSING STANDARDS  AND  REQUIREMENTS
 FOR  THE  CONSTRUCTION, OPERATION, REPORTING AND SURVEILLANCE OF COMPRE-
 HENSIVE OUTPATIENT SERVICES CENTERS.  SUCH  STANDARDS  AND  REQUIREMENTS
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) SCOPE OF COMPREHENSIVE OUTPATIENT SERVICES;
   (II)  CREATION  OF AN EFFICIENT APPLICATION REVIEW PROCESS FOR COMPRE-
 HENSIVE OUTPATIENT SERVICES CENTERS;
   (III) FACILITATION OF INTEGRATED TREATMENT RECORDS  THAT  COMPLY  WITH
 APPLICABLE FEDERAL AND STATE CONFIDENTIALITY REQUIREMENTS;
   (IV) OPTIMAL USE OF CLINICAL RESOURCES, INCLUDING THE DEVELOPMENT OF A
 WORKFORCE  CAPABLE  OF  PROVIDING  COMPREHENSIVE  CARE  TO AN INDIVIDUAL
 UTILIZING EVIDENCE-BASED APPROACHES TO INTEGRATED TREATMENT;
   (V) DEVELOPMENT OF BILLING AND REIMBURSEMENT STRUCTURES TO ENABLE  THE
 PROVISION  OF  COMPREHENSIVE SERVICES TO INDIVIDUALS REGARDLESS OF THEIR
 PRIMARY DIAGNOSIS OR HEALTHCARE COMPLAINT;
   (VI) REASONABLE PHYSICAL PLANT STANDARDS TO  FOSTER  PROPER  CARE  AND
 TREATMENT;
   (VII)  STANDARDS  FOR  INCIDENT  REPORTING AND REMEDIATION PURSUANT TO
 ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW; AND
   (VIII) STANDARDS FOR ADVERSE EVENT REPORTING,  PROVIDED  HOWEVER  THAT
 ANY  SUCH ADVERSE EVENT REPORTS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT
 BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR
 ARTICLE THIRTY-ONE OF THE CIVIL PRACTICE LAW AND RULES.
   (C) A PROVIDER SHALL NOT BE AUTHORIZED TO PROVIDE COMPREHENSIVE OUTPA-
 TIENT SERVICES UNLESS THEY HAVE  SUFFICIENTLY  DEMONSTRATED,  CONSISTENT
 WITH THE STANDARDS AND REQUIREMENTS SET FORTH BY THE COMMISSIONERS:
   (I)  EXPERIENCE  IN  THE  DELIVERY  OF  PHYSICAL,  MENTAL  HEALTH, AND
 ADDICTION SERVICES;
   (II) CAPACITY TO  OFFER  COMPREHENSIVE  OUTPATIENT  SERVICES  IN  EACH
 COMPREHENSIVE OUTPATIENT SERVICES CENTER APPROVED BY EACH OF THE COMMIS-
 SIONERS  OF  THE  DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, AND
 THE OFFICE OF ADDICTION SERVICES AND SUPPORTS; AND
   (III) COMPLIANCE WITH STANDARDS ESTABLISHED PURSUANT TO  THIS  SECTION
 FOR   PROVIDING  AND  RECEIVING  PAYMENT  FOR  COMPREHENSIVE  OUTPATIENT
 SERVICES.
   (D) NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  FOR  THE
 PURPOSES OF THIS SUBDIVISION, COMPREHENSIVE OUTPATIENT SERVICE PROVIDERS
 SHALL  BE CONSIDERED CONTRACTED, APPROVED OR OTHERWISE AUTHORIZED BY THE
 OFFICE OF ADDICTION SERVICES AND  SUPPORTS  AND  THE  OFFICE  OF  MENTAL
 HEALTH  FOR  THE  PURPOSE  OF  SECTIONS 19.20, 19.20-A, AND 31.35 OF THE
 MENTAL HYGIENE LAW, AS MAY BE APPLICABLE. PROVIDERS SHALL BE REQUIRED TO

 S. 6311                             3
 
 COMPLY WITH THE REVIEW OF CRIMINAL HISTORY INFORMATION, AS  REQUIRED  IN
 SUCH  SECTIONS,  FOR  PROSPECTIVE  EMPLOYEES OR VOLUNTEERS WHO WILL HAVE
 REGULAR AND SUBSTANTIAL UNSUPERVISED OR  UNRESTRICTED  PHYSICAL  CONTACT
 WITH THE CLIENTS OF SUCH PROVIDER.
   (E)  THE  COMMISSIONERS  OF  THE  DEPARTMENT  OF HEALTH, THE OFFICE OF
 MENTAL HEALTH, AND THE OFFICE OF ADDICTION  SERVICES  AND  SUPPORTS  ARE
 AUTHORIZED TO PROMULGATE ANY REGULATORY REQUIREMENTS NECESSARY TO IMPLE-
 MENT  COMPREHENSIVE  OUTPATIENT  SERVICES  CENTERS  CONSISTENT WITH THIS
 SECTION, INCLUDING AMENDING EXISTING REQUIREMENTS.
   § 3. Subdivision 4 of section  488  of  the  social  services  law  is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) A COMPREHENSIVE OUTPATIENT SERVICES CENTER WHICH IS LICENSED, OR
 CERTIFIED  BY  SECTION  THREE  HUNDRED  SIXTY-FOUR-M  OF  THIS  CHAPTER,
 PROVIDED HOWEVER THAT SUCH TERM SHALL NOT INCLUDE THE PROVISION OF PHYS-
 ICAL HEALTH SERVICES RENDERED IN SUCH FACILITY OR PROGRAM;
   § 4. Subdivision 1 of section  2801  of  the  public  health  law,  as
 amended  by  section  1  of part Z of chapter 57 of the laws of 2019, is
 amended to read as follows:
   1. "Hospital" means a facility or institution engaged  principally  in
 providing services by or under the supervision of a physician or, in the
 case  of  a dental clinic or dental dispensary, of a dentist, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public  health center, diagnostic center, treatment center, dental clin-
 ic, dental dispensary, rehabilitation center other than a facility  used
 solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
 tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary and a laboratory or central service facility serving  one  or
 more  such  institutions,  but  the  term  hospital shall not include an
 institution, sanitarium or other facility engaged principally in provid-
 ing services for the prevention, diagnosis or treatment of mental  disa-
 bility  and  which  is subject to the powers of visitation, examination,
 inspection and investigation of the department of mental hygiene  except
 for  those  distinct  parts  of  such  a facility which provide hospital
 service. The provisions of this article shall not apply to a facility or
 institution engaged principally in providing services by  or  under  the
 supervision of the bona fide members and adherents of a recognized reli-
 gious  organization  whose teachings include reliance on spiritual means
 through prayer alone for healing in the practice of the religion of such
 organization and where services are provided in  accordance  with  those
 teachings.  No  provision  of this article or any other provision of law
 shall be construed to: (a) LIMIT THE VOLUME  OF  PRIMARY  CARE  SERVICES
 THAT  CAN  BE  PROVIDED BY COMPREHENSIVE OUTPATIENT SERVICES CENTERS, AS
 DEFINED IN SECTION THREE HUNDRED SIXTY-FOUR-M  OF  THE  SOCIAL  SERVICES
 LAW;  (B)  limit  the  volume  of  mental health, substance use disorder
 services or developmental disability services that can be provided by  a
 provider  of  primary  care  services  licensed  under  this article and
 authorized to provide integrated services in accordance with regulations
 issued by the commissioner in consultation with the commissioner of  the
 office  of  mental health, the commissioner of the office of [alcoholism
 and substance abuse services] ADDICTION SERVICES AND  SUPPORTS  and  the
 commissioner  of  the office for people with developmental disabilities,
 including regulations issued pursuant to subdivision  seven  of  section
 three hundred sixty-five-l of the social services law or part L of chap-

 S. 6311                             4
 
 ter  fifty-six  of  the laws of two thousand twelve; [(b)] (C) require a
 provider licensed pursuant to article thirty-one of the  mental  hygiene
 law  or  certified  pursuant to article sixteen or article thirty-two of
 the  mental  hygiene  law  to  obtain  an operating certificate from the
 department if such provider has been authorized  to  provide  integrated
 services  in  accordance  with regulations issued by the commissioner in
 consultation with the commissioner of the office of mental  health,  the
 commissioner  of the office of [alcoholism and substance abuse services]
 ADDICTION SERVICES AND SUPPORTS and the commissioner of the  office  for
 people  with  developmental  disabilities,  including regulations issued
 pursuant to subdivision seven of section three hundred  sixty-five-l  of
 the  social  services  law or part L of chapter fifty-six of the laws of
 two thousand twelve.
   § 5. Subdivision (f) of section 31.02 of the mental  hygiene  law,  as
 amended  by  section  2  of part Z of chapter 57 of the laws of 2019, is
 amended to read as follows:
   (f) No provision of this article or any other provision of  law  shall
 be  construed to require a provider licensed pursuant to article twenty-
 eight of the public health law or certified pursuant to article  sixteen
 or article thirty-two of this chapter to obtain an operating certificate
 from the office of mental health if such provider has been authorized to
 provide integrated services in accordance with regulations issued by the
 commissioner  of  the  office  of mental health in consultation with the
 commissioner of the department of health, the commissioner of the office
 of [alcoholism and substance  abuse  services]  ADDICTION  SERVICES  AND
 SUPPORTS  and  the  commissioner  of the office for people with develop-
 mental disabilities, including regulations issued pursuant  to  subdivi-
 sion  seven of section three hundred sixty-five-l of the social services
 law or part L of chapter fifty-six of the laws of two  thousand  twelve.
 FURTHERMORE,  EXCEPT  AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION SIX OF
 SECTION THREE HUNDRED  SIXTY-FOUR-M  OF  THE  SOCIAL  SERVICES  LAW,  NO
 PROVISION  OF  THIS  ARTICLE  OR  ANY  OTHER  PROVISION  OF LAW SHALL BE
 CONSTRUED TO LIMIT THE VOLUME OF MENTAL  HEALTH  SERVICES  THAT  CAN  BE
 PROVIDED  BY  COMPREHENSIVE  OUTPATIENT  SERVICES CENTERS, AS DEFINED IN
 SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW.
   § 6. Subdivision (b) of section 32.05 of the mental  hygiene  law,  as
 amended  by  section  3  of part Z of chapter 57 of the laws of 2019, is
 amended to read as follows:
   (b) (i) Methadone, or such other controlled  substance  designated  by
 the  commissioner of health as appropriate for such use, may be adminis-
 tered to an addict, as defined in section thirty-three  hundred  two  of
 the  public  health  law, by individual physicians, groups of physicians
 and public or private medical facilities certified pursuant  to  article
 twenty-eight or thirty-three of the public health law as part of a chem-
 ical  dependence  program which has been issued an operating certificate
 by the commissioner pursuant to subdivision (b) of section 32.09 of this
 article, provided, however, that such administration  must  be  done  in
 accordance  with  all applicable federal and state laws and regulations.
 Individual physicians or groups of physicians who have obtained authori-
 zation from  the  federal  government  to  administer  buprenorphine  to
 addicts  may  do  so without obtaining an operating certificate from the
 commissioner. (ii) No provision of this article or any  other  provision
 of  law  shall  be  construed to require a provider licensed pursuant to
 article twenty-eight of the public health  law,  article  thirty-one  of
 this chapter or a provider certified pursuant to article sixteen of this
 chapter  to obtain an operating certificate from the office of [alcohol-

 S. 6311                             5

 ism and substance abuse services] ADDICTION  SERVICES  AND  SUPPORTS  if
 such  provider  has  been  authorized  to provide integrated services in
 accordance with regulations issued by the  commissioner  of  [alcoholism
 and substance abuse services] ADDICTION SERVICES AND SUPPORTS in consul-
 tation  with  the  commissioner of the department of health, the commis-
 sioner of the office of mental health and the commissioner of the office
 for people with developmental disabilities, including regulations issued
 pursuant to subdivision seven of section three hundred  sixty-five-l  of
 the  social  services  law or part L of chapter fifty-six of the laws of
 two thousand twelve.  FURTHERMORE, EXCEPT AS PROVIDED IN  PARAGRAPH  (D)
 OF  SUBDIVISION  SIX OF SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL
 SERVICES LAW, NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW
 SHALL BE CONSTRUED TO LIMIT THE VOLUME OF ADDICTION SERVICES THAT CAN BE
 PROVIDED BY COMPREHENSIVE OUTPATIENT SERVICES  CENTERS,  AS  DEFINED  IN
 SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW.
   §  7.  This  act shall take effect January 1, 2022; provided, however,
 that the amendments to section 364-m of the social services law made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed to repeal therewith. Effective immediately, the  commis-
 sioner  of  the  department of health, the commissioner of the office of
 mental health and the commissioner of the office of  addiction  services
 and  supports  are  authorized to issue any rule or regulation necessary
 for the implementation of this act on or before its effective date.

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Senate Bill S6311

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S6311 (ACTIVE) - Details

2021-S6311 (ACTIVE) - Summary

2021-S6311 (ACTIVE) - Sponsor Memo

2021-S6311 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6311

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S6311 (ACTIVE) - Details

2021-S6311 (ACTIVE) - Summary

2021-S6311 (ACTIVE) - Sponsor Memo

2021-S6311 (ACTIVE) - Bill Text download pdf

Comments