S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8219--A
     Cal. No. 551
 
                             I N  S E N A T E
 
                             February 2, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse  -- reported favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13377-02-2
 S. 8219--A                          2
 
 SHALL  BE  SUBMITTED  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY AND THE RELEVANT LEGISLATIVE COMMIT-
 TEE CHAIRS.
   (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.