§ 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 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 appropriate health insurance
coverage. The office of addiction services and supports in consultation
with the office of mental health shall provide annual outreach services
to other state and local entities, including but not limited to the
division of veterans' services, the office for people with developmental
disabilities, the office of children and family services, the department
of corrections, or providers contracted by such agencies to provide
assistance to the impacted populations to make them aware of the
independent substance use disorder and mental health ombudsman program
and the assistance they provide.

(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
continuing 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 summarizing the work of the program and make recommendations to
address systemic issues identified during the previous year. Such annual
report shall be submitted to the governor, the temporary president of
the senate, the speaker of the assembly and the relevant legislative
committee 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 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 methodology that is approved by the
director of the budget.