S T A T E   O F   N E W   Y O R K
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                                  679--A
     Cal. No. 90
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  HINCHEY, MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Alcohol-
   ism and Substance Abuse -- reported  favorably  from  said  committee,
   ordered  to first and second report, amended on second report, ordered
   to a third reading, and to be  reprinted  as  amended,  retaining  its
   place in the order of third reading
 
 AN  ACT  to  amend the mental hygiene law, in relation to establishing a
   council for treatment equity within the office of  addiction  services
   and supports
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 19.45 to read as follows:
 § 19.45 THE COUNCIL FOR TREATMENT EQUITY.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "COUNCIL"  SHALL  MEAN  THE  COUNCIL FOR TREATMENT EQUITY CREATED
 PURSUANT TO THIS SECTION WHICH SHALL CONSIST OF A FULL TIME DIRECTOR AND
 ANY ADDITIONAL FULL OR PART-TIME STAFF THE COMMISSIONER DEEMS  NECESSARY
 TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   (B) "TREATMENT EQUITY ADVISORY BOARD" SHALL MEAN THE ADVISORY BOARD TO
 THE COUNCIL, CREATED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (C)  "VULNERABLE  POPULATIONS"  SHALL  MEAN THOSE WHO HAVE EXPERIENCED
 INJUSTICES AND DISADVANTAGES AS A RESULT OF THEIR RACE, ETHNICITY, SEXU-
 AL ORIENTATION, GENDER IDENTITY, DISABILITY STATUS,  AGE,  SOCIOECONOMIC
 STATUS  AND/OR  ANY OTHER STATUS WHICH HAS CAUSED A PERSON TO EXPERIENCE
 INJUSTICES AND DISADVANTAGES.
   (D) "RACIALLY AND ETHNICALLY DIVERSE AREAS" SHALL MEAN COUNTIES  WHERE
 THE NON-WHITE POPULATION IS FORTY PERCENT OR MORE OR THE SERVICE AREA OF
 AN  AGENCY,  CORPORATION, FACILITY OR INDIVIDUAL PROVIDING SUBSTANCE USE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00661-03-1

 S. 679--A                           2
 
 DISORDER SERVICES WHERE THE NON-WHITE POPULATION OF SAID AREA  IS  FORTY
 PERCENT OR MORE.
   (E) "PROVIDER OF SERVICES" SHALL MEAN ANY AGENCY, CORPORATION, FACILI-
 TY OR INDIVIDUAL PROVIDING SUBSTANCE USE DISORDER SERVICES TO VULNERABLE
 POPULATIONS.
   (F)  "TREATMENT  DISPARITIES"  SHALL  MEAN  MEASURABLE  DIFFERENCES IN
 ACCESS TO AND QUALITY OF SUBSTANCE USE DISORDER SERVICES  AS  DETERMINED
 BY  RACE,  ETHNICITY,  SEXUAL  ORIENTATION,  GENDER IDENTITY, DISABILITY
 STATUS, AGE AND SOCIOECONOMIC STATUS.
   (G) "TREATMENT EQUITY" SHALL  MEAN  ACHIEVING  THE  HIGHEST  LEVEL  OF
 SUBSTANCE  USE DISORDER SERVICES FOR ALL PEOPLE AND SHALL ENTAIL FOCUSED
 EFFORTS TO ADDRESS AVOIDABLE INEQUALITIES BY EQUALIZING THOSE CONDITIONS
 FOR SUBSTANCE USE DISORDER SERVICES  FOR  THOSE  THAT  HAVE  EXPERIENCED
 INJUSTICES AND SOCIOECONOMIC DISADVANTAGES.
   2. THE COUNCIL FOR TREATMENT EQUITY. THERE IS HEREBY CREATED A COUNCIL
 FOR  TREATMENT  EQUITY.   THE COUNCIL, IN CONJUNCTION WITH THE TREATMENT
 EQUITY ADVISORY BOARD, SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A) WORK COLLABORATIVELY WITH THE OFFICE, OTHER RELEVANT  STATE  AGEN-
 CIES,  THE  LOCAL  GOVERNMENTAL  UNIT AS DEFINED IN ARTICLE FORTY-ONE OF
 THIS CHAPTER AND OTHER AFFECTED STAKEHOLDERS, INCLUDING, BUT NOT LIMITED
 TO, PROVIDERS TO AND REPRESENTATIVES OF VULNERABLE POPULATIONS, IN ORDER
 TO SET PRIORITIES  TO  ACHIEVE  TREATMENT  EQUITY  IN  BOTH  RACIAL  AND
 ETHNICALLY  DIVERSE  AREAS AND FOR VULNERABLE POPULATIONS THROUGHOUT THE
 STATE;
   (B) ANALYZE COLLECTED  DATA  TO  DETERMINE  THE  CAUSES  OF  TREATMENT
 DISPARITIES  IN  BOTH  RACIALLY  AND  ETHNICALLY  DIVERSE  AREAS AND FOR
 VULNERABLE POPULATIONS THROUGHOUT THE  STATE,  INCLUDING  ANY  ECONOMIC,
 PHYSICAL, SOCIAL OR CULTURAL BARRIERS;
   (C)  DEVELOP  AND  IMPLEMENT  STRATEGIES  AIMED AT ACHIEVING TREATMENT
 EQUITY IN RACIALLY AND ETHNICALLY DIVERSE  AREAS  AND  AMONG  VULNERABLE
 POPULATIONS;
   (D) PROMOTE COMMUNITY INVOLVEMENT BY CONDUCTING PROMOTIONAL AND EDUCA-
 TIONAL OUTREACH PROGRAMS REGARDING SUBSTANCE USE DISORDERS AND AVAILABLE
 SERVICES; AND
   (E)  REVIEW  THE  IMPACT OF CURRENT LAWS, RULES, REGULATIONS, POLICIES
 AND PROGRAMS THAT MAY BE AFFECTING  THE  ABILITY  TO  ACHIEVE  TREATMENT
 EQUITY.
   3. THE TREATMENT EQUITY ADVISORY BOARD. (A) THE TREATMENT EQUITY ADVI-
 SORY  BOARD  SHALL  CONSIST  OF  THIRTEEN  MEMBERS. SIX MEMBERS SHALL BE
 APPOINTED BY THE GOVERNOR, THREE  MEMBERS  APPOINTED  BY  THE  TEMPORARY
 PRESIDENT  OF  THE SENATE, THREE MEMBERS APPOINTED BY THE SPEAKER OF THE
 ASSEMBLY AND THE FINAL MEMBER SHALL BE THE CHAIRPERSON OF THE CONFERENCE
 OF LOCAL MENTAL HYGIENE DIRECTORS, OR HIS OR HER  DESIGNEE.  THE  CHAIR-
 PERSON OF THE BOARD SHALL BE THE COMMISSIONER OR THEIR DESIGNEE.
   (B)  THE  MEMBERS OF THE BOARD SHALL BE FROM THE COMMUNITY WITH EXPER-
 TISE IN CONDUCTING SUBSTANCE  USE  DISORDER  SERVICES.  IN  MAKING  SUCH
 APPOINTMENTS,  DUE  CONSIDERATION  SHALL  BE  GIVEN TO ENSURING ADEQUATE
 GEOGRAPHIC REPRESENTATION.
   (C) THE TERM OF OFFICE FOR EACH MEMBER OF THE TREATMENT  EQUITY  ADVI-
 SORY  BOARD  SHALL BE TWO YEARS. VACANCIES IN THE TREATMENT EQUITY ADVI-
 SORY BOARD, OTHER THAN BY EXPIRATION OF A TERM, SHALL BE FILLED FOR  THE
 REMAINDER  OF THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINT-
 MENTS.
   (D) THE MEMBERS OF THE TREATMENT EQUITY ADVISORY BOARD  SHALL  RECEIVE
 NO  COMPENSATION  FOR  THEIR  SERVICES,  BUT SHALL BE REIMBURSED FOR ALL
 EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THEM IN THE PERFORMANCE OF

 S. 679--A                           3
 
 THEIR DUTIES UNDER THIS SECTION WITHIN  THE  AMOUNT  MADE  AVAILABLE  BY
 APPROPRIATION THEREFOR.
   4.  REPORT. THE COUNCIL SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY NO
 LATER THAN ONE YEAR SUCCEEDING THE EFFECTIVE DATE OF  THIS  SECTION  AND
 ANNUALLY  THEREAFTER,  SETTING  FORTH  THE FINDINGS, RECOMMENDATIONS AND
 ACTIVITIES OF THE COUNCIL ON MATTERS WITHIN THE SCOPE OF ITS POWERS  AND
 DUTIES AS SET FORTH IN THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.