BILL NUMBER: S5105

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to directing the
commissioner of the office of addiction services and supports to promul-
gate rules and regulations for providers operating in rural locations

 
PURPOSE:

Directs the commissioner of the office of addiction services and
supports (OASAS)to develop rules and regulations for substance use
disorder (SUD) providers operating in rural locations

 
SUMMARY OF PROVISIONS:

Section 1 amends section 19.09 of the mental hygiene law by adding
subdivision (m) to require the commissioner promulgate rules and regu-
lations for providers who operate in rural locations with such rules
taking into account the extra challenges encountered by such providers,
including but not limited to, increased and additional expenses.
              

Section 2 sets the effective date

 
JUSTIFICATION:

Currently, the Office of Addiction Services and Supports(OASAS)uses a
formulary for its reimbursement rates that differentiates the increased
financial needs for facilities located within New York City in compar-
ison to the rest of the state. This formulary does not take into account
the increased costs required to maintain facilities where there is a low
population density, also known as rural locations. Rural counties have
some of the highest rates of persons with substance use disorder, yet
their geographic location makes it difficult for individuals to seek
services and for those facilities to stay open. According to the Center
for Disease Control's April 2022 quarterly report, rural counties
including Monroe, Erie, and Onondaga are experiencing the highest
numbers (outside of NYC) of emergency department visits and hospitaliza-
tion for opioid overdoses, and Naloxone administrations by emergency
medical services. This bill would provide the OASAS Commissioner the
jurisdiction to promulgate rules and regulations for providers who oper-
ate in rural locations taking into account the additional challenges
they face, including increased and additional expenses alleviating some
of the financial concerns of rural providers.

 
LEGISLATIVE HISTORY:

2023-2024: S5396/A6884 - Passed Senate/ Died in Ways & Means

2021-2022: S9182 - Died in Alcoholism and Substance Abuse

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.