S. 2104--A 2
of substance abuse services AND ALL REFERENCES TO THE OFFICE OF MENTAL
HEALTH, shall be known as the "office of addiction [services] and
[supports] MENTAL HEALTH SERVICES." Nothing in this subdivision shall
be construed as requiring or prohibiting the further amendment of stat-
utes or regulations to conform to the provisions of this subdivision.
§ 2. Section 5.01 of the mental hygiene law, as amended by chapter 281
of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b
are added to read as follows:
§ 5.01 Department of mental hygiene.
There shall continue to be in the state government a department of
mental hygiene. Within the department there shall be the following
autonomous offices:
(1) office of ADDICTION AND mental health SERVICES; AND
(2) office for people with developmental disabilities[;
(3) office of addiction services and supports].
§ 5.01-A OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES.
(A) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL BE A NEW
OFFICE WITHIN THE DEPARTMENT FORMED BY THE INTEGRATION OF THE OFFICES
AND SERVICES OF MENTAL HEALTH AND ADDICTION SERVICES AND SUPPORTS WHICH
SHALL FOCUS ON THE INTEGRATION OF CARE AND ISSUES RELATED TO BOTH MENTAL
ILLNESS AND ADDICTION IN THE STATE AND CARRY OUT THE INTENT OF THE
LEGISLATURE IN ESTABLISHING THE OFFICES PURSUANT TO ARTICLES SEVEN AND
NINETEEN OF THIS CHAPTER. THE OFFICE OF ADDICTION AND MENTAL HEALTH
SERVICES IS CHARGED WITH ENSURING THE DEVELOPMENT OF COMPREHENSIVE PLANS
FOR THE INTEGRATION OF PROGRAMS AND SERVICES IN THE AREA OF RESEARCH,
PREVENTION, CARE AND TREATMENT, CO-OCCURRING DISORDERS, REHABILITATION,
EDUCATION AND TRAINING, AND SHALL BE STAFFED TO PERFORM THE RESPONSIBIL-
ITIES ATTRIBUTED TO THE OFFICE PURSUANT TO SECTIONS 7.07 AND 19.07 OF
THIS CHAPTER AND PROVIDE INTEGRATED SERVICES AND PROGRAMS TO PROMOTE
RECOVERY FOR INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS, SUBSTANCE USE
DISORDER, OR A MENTAL HEALTH DIAGNOSIS AND SUBSTANCE USE DISORDER.
(B) THE COMMISSIONER OF THE OFFICE OF ADDICTION AND MENTAL HEALTH
SERVICES SHALL BE VESTED WITH THE POWERS, DUTIES, AND OBLIGATIONS OF THE
OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS. ADDITIONALLY, TWO DEPUTY COMMISSIONERS SHALL BE APPOINTED,
ONE DEPUTY COMMISSIONER TO REPRESENT ADDICTION SERVICES AND SUPPORTS,
WHICH SHALL BE PROMINENTLY REPRESENTED TO ENSURE THE NEEDS OF SUBSTANCE
USE DISORDER COMMUNITIES ARE MET, AND ONE DEPUTY COMMISSIONER TO REPRE-
SENT MENTAL HEALTH SERVICES. IN CONJUNCTION WITH ONE ANOTHER, THE
COMMISSIONERS SHALL DEVELOP A PLAN FOR INTEGRATING SERVICES WHICH SHALL
BE MADE AVAILABLE FOR PUBLIC COMMENT.
(C) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES MAY LICENSE
PROVIDERS TO PROVIDE INTEGRATED SERVICES FOR INDIVIDUALS WITH A MENTAL
HEALTH DIAGNOSIS, SUBSTANCE USE DISORDER, OR A MENTAL HEALTH DIAGNOSIS
AND SUBSTANCE USE DISORDER, IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
COMMISSIONER. SUCH DIRECT LICENSING MECHANISM ALLOWS FOR RESOURCES TO
GET TO COMMUNITY-BASED ORGANIZATIONS IN AN EXPEDITED MANNER.
(D) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL ESTABLISH
A STANDING ADVISORY COMMITTEE ON ADDICTION AND MENTAL HEALTH SERVICES.
THE STANDING ADVISORY COMMITTEE SHALL CONSIST OF SEVEN MEMBERS APPOINTED
BY THE GOVERNOR AS FOLLOWS: (I) TWO MEMBERS APPOINTED ON THE RECOMMENDA-
TION OF THE TEMPORARY PRESIDENT OF THE SENATE; (II) TWO MEMBERS
APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; (III)
ONE MEMBER APPOINTED ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
SENATE; (IV) ONE MEMBER APPOINTED ON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE ASSEMBLY; AND (V) ONE MEMBER APPOINTED ON THE RECOMMENDA-
S. 2104--A 3
TION OF THE DEPARTMENT OF HEALTH AIDS INSTITUTE, THE OFFICE OF MENTAL
HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS TO ENSURE THE
INTENT OF THE LEGISLATURE IS FULFILLED IN ESTABLISHING THE INTEGRATION
OF SERVICES BY SUCH OFFICE. SUCH STANDING ADVISORY COMMITTEE SHALL
CONSIST OF PROVIDERS, PEERS, FAMILY MEMBERS, INDIVIDUALS WHO HAVE
UTILIZED ADDICTION SERVICES AND SUPPORTS AND/OR MENTAL HEALTH SERVICES,
THE LOCAL GOVERNMENT UNIT AS DEFINED IN ARTICLE FORTY-ONE OF THIS CHAP-
TER, PUBLIC AND PRIVATE SECTOR UNIONS AND REPRESENTATIVES OF OTHER AGEN-
CIES OR OFFICES AS THE DESIGNATED STANDING ADVISORY COMMITTEE MAY DEEM
NECESSARY. SUCH STANDING ADVISORY COMMITTEE SHALL MEET REGULARLY IN
FURTHERANCE OF ITS FUNCTIONS AND AT ANY OTHER TIME AT THE REQUEST OF THE
DESIGNATED STANDING ADVISORY COMMITTEE LEADER.
§ 5.01-B OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES; COMPOSITION OF
OFFICE.
UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE OFFICE OF ADDICTION
AND MENTAL HEALTH SERVICES SHALL CONSIST OF THE OFFICE OF MENTAL HEALTH
AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.
§ 3. Section 5.03 of the mental hygiene law, as amended by chapter 281
of the laws of 2019, is amended to read as follows:
§ 5.03 Commissioners.
The head of the office of ADDICTION AND mental health SERVICES shall
be the commissioner of [mental health] ADDICTION AND MENTAL HEALTH
SERVICES; AND the head of the office for people with developmental disa-
bilities shall be the commissioner of developmental disabilities[; and
the head of the office of addiction services and supports shall be the
commissioner of addiction services and supports]. Each commissioner
shall be appointed by the governor, by and with the advice and consent
of the senate, to serve at the pleasure of the governor. UNTIL THE
COMMISSIONER OF ADDICTION AND MENTAL HEALTH SERVICES IS APPOINTED BY THE
GOVERNOR AND CONFIRMED BY THE SENATE, THE COMMISSIONER OF MENTAL HEALTH
AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS SHALL CONTINUE
TO OVERSEE MENTAL HEALTH AND ADDICTION SERVICES RESPECTIVELY, AND WORK
COLLABORATIVELY TO INTEGRATE CARE FOR INDIVIDUALS WITH BOTH MENTAL
HEALTH AND SUBSTANCE USE DISORDERS.
§ 4. Section 5.05 of the mental hygiene law, as added by chapter 978
of the laws of 1977, subdivision (a) as amended by chapter 168 of the
laws of 2010, subdivision (b) as amended by chapter 294 of the laws of
2007, paragraph 1 of subdivision (b) as amended by section 14 of part J
of chapter 56 of the laws of 2012, subdivision (d) as added by chapter
58 of the laws of 1988 and subdivision (e) as added by chapter 588 of
the laws of 2011, is amended to read as follows:
§ 5.05 Powers and duties of the head of the department.
(a) The commissioners of the office of ADDICTION AND mental health
SERVICES and the office for people with developmental disabilities, as
the heads of the department, shall jointly visit and inspect, or cause
to be visited and inspected, all facilities either public or private
used for the care, treatment [and], rehabilitation, AND RECOVERY of
individuals with A mental [illness] HEALTH DIAGNOSIS, SUBSTANCE USE
DISORDER and developmental disabilities in accordance with the require-
ments of section four of article seventeen of the New York state consti-
tution.
(b) (1) The commissioners of the office of ADDICTION AND mental
health[,] SERVICES AND the office for people with developmental disabil-
ities [and the office of alcoholism and substance abuse services] shall
constitute an inter-office coordinating council which, consistent with
the autonomy of each office for matters within its jurisdiction, shall
S. 2104--A 4
ensure that the state policy for the prevention, care, treatment [and],
rehabilitation, AND RECOVERY of individuals with A mental [illness]
HEALTH DIAGNOSIS, SUBSTANCE USE DISORDERS and developmental disabili-
ties[, alcoholism, alcohol abuse, substance abuse, substance dependence,
and chemical dependence] is planned, developed and implemented compre-
hensively; that gaps in services to individuals with multiple disabili-
ties are eliminated and that no person is denied treatment and services
because [he or she has] THEY HAVE more than one disability; that proce-
dures for the regulation of programs which offer care and treatment for
more than one class of persons with mental disabilities be coordinated
between the offices having jurisdiction over such programs; and that
research projects of the institutes, as identified in section 7.17 [or],
13.17, OR 19.17 of this chapter or as operated by the office for people
with developmental disabilities, are coordinated to maximize the success
and cost effectiveness of such projects and to eliminate wasteful dupli-
cation.
(2) The inter-office coordinating council shall annually issue a
report on its activities to the legislature on or before December thir-
ty-first. Such annual report shall include, but not be limited to, the
following information: proper treatment models and programs for persons
with multiple disabilities and suggested improvements to such models and
programs; research projects of the institutes and their coordination
with each other; collaborations and joint initiatives undertaken by the
offices of the department; consolidation of regulations of each of the
offices of the department to reduce regulatory inconsistencies between
the offices; inter-office or office activities related to workforce
training and development; data on the prevalence, availability of
resources and service utilization by persons with multiple disabilities;
eligibility standards of each office of the department affecting clients
suffering from multiple disabilities, and eligibility standards under
which a client is determined to be an office's primary responsibility;
agreements or arrangements on statewide, regional and local government
levels addressing how determinations over client responsibility are made
and client responsibility disputes are resolved; information on any
specific cohort of clients with multiple disabilities for which substan-
tial barriers in accessing or receiving appropriate care has been
reported or is known to the inter-office coordinating council or the
offices of the department; and coordination of planning, standards or
services for persons with multiple disabilities between the inter-office
coordinating council, the offices of the department and local govern-
ments in accordance with the local planning requirements set forth in
article forty-one of this chapter.
(c) The commissioners shall meet from time to time with the New York
state conference of local mental hygiene directors to assure consistent
procedures in fulfilling the responsibilities required by this section
and by article forty-one of this chapter.
(d) [1.] (1) The commissioner of ADDICTION AND mental health SERVICES
shall evaluate the type and level of care required by patients in the
adult psychiatric centers authorized by section 7.17 of this chapter and
develop appropriate comprehensive requirements for the staffing of inpa-
tient wards. These requirements should reflect measurable need for
administrative and direct care staff including physicians, nurses and
other clinical staff, direct and related support and other support
staff, established on the basis of sound clinical judgment. The staffing
requirements shall include but not be limited to the following: (i) the
level of care based on patient needs, including on ward activities, (ii)
S. 2104--A 5
the number of admissions, (iii) the geographic location of each facili-
ty, (iv) the physical layout of the campus, and (v) the physical design
of patient care wards.
[2.] (2) Such commissioner, in developing the requirements, shall
provide for adequate ward coverage on all shifts taking into account the
number of individuals expected to be off the ward due to sick leave,
workers' compensation, mandated training and all other off ward leaves.
[3.] (3) The staffing requirements shall be designed to reflect the
legitimate needs of facilities so as to ensure full accreditation and
certification by appropriate regulatory bodies. The requirements shall
reflect appropriate industry standards. The staffing requirements shall
be fully measurable.
[4.] (4) The commissioner of ADDICTION AND mental health SERVICES
shall submit an interim report to the governor and the legislature on
the development of the staffing requirements on October first, [nineteen
hundred eighty-eight] TWO THOUSAND TWENTY-FOUR and again on April first,
[nineteen hundred eighty-nine] TWO THOUSAND TWENTY-FIVE. The commission-
er shall submit a final report to the governor and the legislature no
later than October first, [nineteen hundred eighty-nine] TWO THOUSAND
TWENTY-FIVE and shall include in [his] THEIR report a plan to achieve
the staffing requirements and the length of time necessary to meet these
requirements.
(e) The commissioners of the office of ADDICTION AND mental health[,]
SERVICES AND THE office for people with developmental disabilities[, and
the office of alcoholism and substance abuse services] shall cause to
have all new contracts with agencies and providers licensed by the
offices to have a clause requiring notice be provided to all current and
new employees of such agencies and providers stating that all instances
of abuse shall be investigated pursuant to this chapter, and, if an
employee leaves employment prior to the conclusion of a pending abuse
investigation, the investigation shall continue. Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies of any
employee under any other law or regulation or under any collective
bargaining agreement or employment contract.
§ 5. Section 7.01 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
§ 7.01 Declaration of policy.
The state of New York and its local governments have a responsibility
for the prevention and early detection of mental [illness] HEALTH DISOR-
DERS and for the comprehensively planned care, treatment [and], rehabil-
itation AND RECOVERY of [their mentally ill citizens] INDIVIDUALS WITH A
MENTAL HEALTH DIAGNOSIS.
Therefore, it shall be the policy of the state to conduct research and
to develop programs which further prevention and early detection of
mental [illness] HEALTH DISORDERS; to develop a comprehensive, inte-
grated system of treatment [and], rehabilitative AND RECOVERY services
for [the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS. Such
a system should include, whenever possible, the provision of necessary
treatment services to people in their home communities; it should assure
the adequacy and appropriateness of residential arrangements for people
in need of service; and it should rely upon improved programs of insti-
tutional care only when necessary and appropriate. Further, such a
system should recognize the important therapeutic roles of all disci-
plines which may contribute to the care or treatment of [the mentally
ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS, such as psychology,
social work, psychiatric nursing, special education and other disci-
S. 2104--A 6
plines in the field of mental illness, as well as psychiatry and should
establish accountability for implementation of the policies of the state
with regard to the care [and], rehabilitation AND RECOVERY of [the
mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS.
To facilitate the implementation of these policies and to further
advance the interests of [the mentally ill] INDIVIDUALS WITH A MENTAL
HEALTH DIAGNOSIS and their families, a new autonomous agency to be known
as the office of ADDICTION AND mental health SERVICES has been estab-
lished by this article. The office and its commissioner shall plan and
work with local governments, voluntary agencies and all providers and
consumers of mental health services in order to develop an effective,
integrated, comprehensive system for the delivery of all services to
[the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS and to
create financing procedures and mechanisms to support such a system of
services to ensure that [mentally ill] persons in need of services
receive appropriate care, treatment and rehabilitation close to their
families and communities. In carrying out these responsibilities, the
office and its commissioner shall make full use of existing services in
the community including those provided by voluntary organizations.
§ 6. Section 19.01 of the mental hygiene law, as added by chapter 223
of the laws of 1992, is amended to read as follows:
§ 19.01 Declaration of policy.
The legislature declares the following:
[Alcoholism] UNHEALTHY ALCOHOL USE, substance [abuse] USE DISORDER and
chemical dependence pose major health and social problems for individ-
uals and their families when left untreated, including family devas-
tation, homelessness, [and] unemployment, AND DEATH. It has been proven
that successful prevention [and], INTEGRATED treatment, AND SUSTAINED
RECOVERY can dramatically reduce costs to the health care, criminal
justice and social welfare systems.
The tragic, cumulative and often fatal consequences of [alcoholism]
UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER are, however,
preventable and treatable disabilities that require a coordinated and
multi-faceted network of services.
The legislature recognizes locally planned and implemented prevention
as a primary means to avert the onset of [alcoholism] UNHEALTHY ALCOHOL
USE and substance [abuse] USE DISORDER. It is the policy of the state to
promote comprehensive, age appropriate education for children and youth
and stimulate public awareness of the risks associated with [alcoholism]
UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER. Further, the
legislature acknowledges the need for a coordinated state policy for the
establishment of prevention [and], treatment, AND RECOVERY programs
designed to address the problems of chemical dependency among youth,
including prevention and intervention efforts in school and community-
based programs designed to identify and refer high risk youth in need of
chemical dependency services.
Substantial benefits can be gained through [alcoholism] UNHEALTHY
ALCOHOL USE and substance [abuse] USE DISORDER treatment for both
addicted individuals and their families. Positive treatment outcomes
that may be generated through a complete continuum of care offer a cost
effective and comprehensive approach to [rehabilitating] TREATING such
individuals. The primary goals of the [rehabilitation] TREATMENT and
recovery process are to [restore] REBUILD social, family, lifestyle,
vocational and economic supports by stabilizing an individual's physical
and psychological functioning. The legislature recognizes the impor-
tance of varying treatment approaches and levels of care designed to
S. 2104--A 7
meet each [client's] INDIVIDUAL'S needs. [Relapse] REOCCURRENCE
prevention and aftercare are two primary components of treatment that
serve to promote and maintain recovery.
The legislature recognizes that the distinct treatment needs of
special populations, including women and women with children, persons
with HIV infection, persons [diagnosed] with A mental [illness] HEALTH
DIAGNOSIS, persons who [abuse] MISUSE chemicals, the homeless and veter-
ans with posttraumatic stress disorder, merit particular attention. It
is the intent of the legislature to promote effective interventions for
such populations in need of particular attention. The legislature also
recognizes the importance of family support for individuals in alcohol
or substance [abuse] USE DISORDER treatment and recovery. Such family
participation can provide lasting support to the recovering individual
to [prevent relapse and maintain] SUPPORT SUSTAINED recovery. The inter-
generational cycle of chemical dependency within families can be inter-
cepted through appropriate interventions.
The state of New York and its local governments have a responsibility
in coordinating the delivery of [alcoholism] UNHEALTHY ALCOHOL USE and
substance [abuse] USE DISORDER services, through the entire network of
service providers. To accomplish these objectives, the legislature
declares that the establishment of a single, unified office of [alcohol-
ism and substance abuse] ADDICTION AND MENTAL HEALTH services will
provide an integrated framework to plan, oversee and regulate the
state's prevention and treatment network. In recognition of the growing
trends and incidence of chemical dependency, this consolidation allows
the state to respond to the changing profile of chemical dependency.
The legislature recognizes that some distinctions exist between the
[alcoholism] UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER
field and THE MENTAL HEALTH FIELD AND where appropriate, those
distinctions may be preserved. Accordingly, it is the intent of the
state to establish one office of [alcoholism and substance abuse]
ADDICTION AND MENTAL HEALTH services in furtherance of a comprehensive
service delivery system.
§ 7. Upon or prior to January 1, 2025, the governor may nominate an
individual to serve as commissioner of the office of addiction and
mental health services. If such individual is confirmed by the senate
prior to January 1, 2025, they shall become the commissioner of the
office of addiction and mental health services. The governor may desig-
nate a person to exercise the powers of the commissioner of the office
of addiction and mental health services on an acting basis, until
confirmation of a nominee by the senate, who is hereby authorized to
take such actions as are necessary and proper to implement the orderly
transition of the functions, powers and duties as herein provided,
including the preparation for a budget request for the office as estab-
lished by this act.
§ 8. Upon the transfer pursuant to this act of the functions and
powers possessed by and all of the obligations and duties of the office
of mental health and the office of addiction services and supports as
established pursuant to the mental hygiene law and other laws, to the
office of addiction and mental health services as prescribed by this
act, provision shall be made for the transfer of all employees from the
office of mental health and the office of addiction services and
supports into the office of addiction and mental health services.
Employees so transferred shall be transferred without further examina-
tion or qualification to the same or similar titles and shall remain in
the same collective bargaining units and shall retain their respective
S. 2104--A 8
civil service classifications, status, and rights pursuant to their
collective bargaining units and collective bargaining agreements.
§ 9. Notwithstanding any contrary provision of law, on or before Octo-
ber 1, 2024 and annually thereafter, the office of addiction and mental
health services, in consultation with the department of health, shall
issue a report, and post such report on their public website, detailing
the office's expenditures for addiction and mental health services,
including total Medicaid spending directly by the state to licensed or
designated providers and payments to managed care providers pursuant to
section 364-j of the social services law. The office of addiction and
mental health services shall examine reports produced pursuant to this
section and may make recommendations to the governor and the legislature
regarding appropriations for addiction and mental health services or
other provisions of law which may be necessary to effectively implement
the creation and continued operation of the office.
§ 10. Any financial saving realized from the creation of the office of
addiction and mental health services shall be reinvested in the services
and supports funded by such office.
§ 11. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
§ 12. This act shall take effect immediately. Effective immediately,
the office of mental health and the office of addiction services and
supports are authorized to promulgate the addition, amendment and/or
repeal of any rule or regulation or engage in any work necessary for the
implementation of this act on its effective date authorized to be made
and completed on or before such effective date.
