S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    329
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Mental 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 2025".
   §  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.
              

                                                            LBD00591-01-5
 A. 329                              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 THEIR LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF THE EDUCATION 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
 A. 329                              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  2  of part E of chapter 57 of the laws of 2023, 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, a rural emer-
 gency  hospital under 42 USC 1395x(kkk), or successor provisions, dental
 clinic, dental dispensary, rehabilitation center other than  a  facility
 used  solely  for  vocational rehabilitation, nursing home, tuberculosis
 hospital, 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
 A. 329                              4
 
 three hundred sixty-five-l of the social services law or part L of chap-
 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] TITLE or a provider certified pursuant to article sixteen
 A. 329                              5
 
 of this chapter to obtain an operating certificate from  the  office  of
 [alcoholism   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  consultation  with  the  commissioner of the department of
 health, the commissioner of the office of mental health and the  commis-
 sioner of the office for people with developmental disabilities, includ-
 ing  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,  2026;  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 repealed 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.