STATE OF NEW YORK ________________________________________________________________________ 3870 2023-2024 Regular Sessions IN ASSEMBLY February 8, 2023 ___________ 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: 1 Section 1. This act shall be known and may be cited as the "comprehen- 2 sive outpatient services act of 2023". 3 § 2. Section 364-m of the social services law is amended by adding a 4 new subdivision 6 to read as follows: 5 6. Comprehensive outpatient services centers. (a) Definitions. For 6 the purpose of this article, unless the context clearly requires other- 7 wise: 8 (i) "Mental health services" means services for the treatment of 9 mental illness. 10 (ii) "Addiction services" means services for the treatment of 11 addiction disorders. 12 (iii) "Comprehensive outpatient services" means the systematic coordi- 13 nation of evidence-based health care services, to include the preventa- 14 tive, diagnostic, therapeutic and rehabilitative care and treatment of 15 mental illness, addiction and the provision of physical health services, 16 otherwise provided by a diagnostic and treatment center or general 17 hospital outpatient program pursuant to article twenty-eight of the 18 public health law, a mental health clinic licensed pursuant to article 19 thirty-one of the mental hygiene law, or an addiction provider certified 20 pursuant to article thirty-two of the mental hygiene law to an individ- 21 ual seeking services regardless of their primary diagnosis or health 22 complaint; provided, however, that the scope of such services may be 23 restricted pursuant to regulation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07092-01-3
A. 3870 2 1 (iv) "Comprehensive outpatient services centers" means a facility 2 approved in accordance with this section to provide comprehensive outpa- 3 tient services in order to promote health and better outcomes for the 4 recipient, particularly for populations at risk. 5 (v) "Medical director" is a physician who is responsible for the 6 services delivered by the comprehensive outpatient services provider, 7 for the overall direction of the services provided and the direct super- 8 vision of medical staff in the delivery of services. 9 (vi) "Physical health services" means services provided by a physi- 10 cian, physician's assistant, nurse practitioner, or midwife acting with- 11 in his or her lawful scope of practice under title eight of the educa- 12 tion law and who is practicing in a primary care specialty. 13 (b) Notwithstanding any law, rule, or regulation to the contrary, the 14 commissioners of the department of health, the office of mental health, 15 and the office of addiction services and supports are authorized to 16 jointly establish a single set of licensing standards and requirements 17 for the construction, operation, reporting and surveillance of compre- 18 hensive outpatient services centers. Such standards and requirements 19 shall include, but not be limited to: 20 (i) scope of comprehensive outpatient services; 21 (ii) creation of an efficient application review process for compre- 22 hensive outpatient services centers; 23 (iii) facilitation of integrated treatment records that comply with 24 applicable federal and state confidentiality requirements; 25 (iv) optimal use of clinical resources, including the development of a 26 workforce capable of providing comprehensive care to an individual 27 utilizing evidence-based approaches to integrated treatment; 28 (v) development of billing and reimbursement structures to enable the 29 provision of comprehensive services to individuals regardless of their 30 primary diagnosis or healthcare complaint; 31 (vi) reasonable physical plant standards to foster proper care and 32 treatment; 33 (vii) standards for incident reporting and remediation pursuant to 34 article eleven of the social services law; and 35 (viii) standards for adverse event reporting, provided however that 36 any such adverse event reports shall be kept confidential and shall not 37 be subject to disclosure under article six of the public officers law or 38 article thirty-one of the civil practice law and rules. 39 (c) A provider shall not be authorized to provide comprehensive outpa- 40 tient services unless they have sufficiently demonstrated, consistent 41 with the standards and requirements set forth by the commissioners: 42 (i) experience in the delivery of physical, mental health, and 43 addiction services; 44 (ii) capacity to offer comprehensive outpatient services in each 45 comprehensive outpatient services center approved by each of the commis- 46 sioners of the department of health, the office of mental health, and 47 the office of addiction services and supports; and 48 (iii) compliance with standards established pursuant to this section 49 for providing and receiving payment for comprehensive outpatient 50 services. 51 (d) Notwithstanding any provision of law to the contrary, for the 52 purposes of this subdivision, comprehensive outpatient service providers 53 shall be considered contracted, approved or otherwise authorized by the 54 office of addiction services and supports and the office of mental 55 health for the purpose of sections 19.20, 19.20-a, and 31.35 of the 56 mental hygiene law, as may be applicable. Providers shall be required to
A. 3870 3 1 comply with the review of criminal history information, as required in 2 such sections, for prospective employees or volunteers who will have 3 regular and substantial unsupervised or unrestricted physical contact 4 with the clients of such provider. 5 (e) The commissioners of the department of health, the office of 6 mental health, and the office of addiction services and supports are 7 authorized to promulgate any regulatory requirements necessary to imple- 8 ment comprehensive outpatient services centers consistent with this 9 section, including amending existing requirements. 10 § 3. Subdivision 4 of section 488 of the social services law is 11 amended by adding a new paragraph (a-1) to read as follows: 12 (a-1) a comprehensive outpatient services center which is licensed, or 13 certified by section three hundred sixty-four-m of this chapter, 14 provided however that such term shall not include the provision of phys- 15 ical health services rendered in such facility or program; 16 § 4. Subdivision 1 of section 2801 of the public health law, as 17 amended by section 1 of part Z of chapter 57 of the laws of 2019, is 18 amended to read as follows: 19 1. "Hospital" means a facility or institution engaged principally in 20 providing services by or under the supervision of a physician or, in the 21 case of a dental clinic or dental dispensary, of a dentist, or, in the 22 case of a midwifery birth center, of a midwife, for the prevention, 23 diagnosis or treatment of human disease, pain, injury, deformity or 24 physical condition, including, but not limited to, a general hospital, 25 public health center, diagnostic center, treatment center, dental clin- 26 ic, dental dispensary, rehabilitation center other than a facility used 27 solely for vocational rehabilitation, nursing home, tuberculosis hospi- 28 tal, chronic disease hospital, maternity hospital, midwifery birth 29 center, lying-in-asylum, out-patient department, out-patient lodge, 30 dispensary and a laboratory or central service facility serving one or 31 more such institutions, but the term hospital shall not include an 32 institution, sanitarium or other facility engaged principally in provid- 33 ing services for the prevention, diagnosis or treatment of mental disa- 34 bility and which is subject to the powers of visitation, examination, 35 inspection and investigation of the department of mental hygiene except 36 for those distinct parts of such a facility which provide hospital 37 service. The provisions of this article shall not apply to a facility or 38 institution engaged principally in providing services by or under the 39 supervision of the bona fide members and adherents of a recognized reli- 40 gious organization whose teachings include reliance on spiritual means 41 through prayer alone for healing in the practice of the religion of such 42 organization and where services are provided in accordance with those 43 teachings. No provision of this article or any other provision of law 44 shall be construed to: (a) limit the volume of primary care services 45 that can be provided by comprehensive outpatient services centers, as 46 defined in section three hundred sixty-four-m of the social services 47 law; (b) limit the volume of mental health, substance use disorder 48 services or developmental disability services that can be provided by a 49 provider of primary care services licensed under this article and 50 authorized to provide integrated services in accordance with regulations 51 issued by the commissioner in consultation with the commissioner of the 52 office of mental health, the commissioner of the office of [alcoholism 53 and substance abuse services] addiction services and supports and the 54 commissioner of the office for people with developmental disabilities, 55 including regulations issued pursuant to subdivision seven of section 56 three hundred sixty-five-l of the social services law or part L of chap-
A. 3870 4 1 ter fifty-six of the laws of two thousand twelve; [(b)] (c) require a 2 provider licensed pursuant to article thirty-one of the mental hygiene 3 law or certified pursuant to article sixteen or article thirty-two of 4 the mental hygiene law to obtain an operating certificate from the 5 department if such provider has been authorized to provide integrated 6 services in accordance with regulations issued by the commissioner in 7 consultation with the commissioner of the office of mental health, the 8 commissioner of the office of [alcoholism and substance abuse services] 9 addiction services and supports and the commissioner of the office for 10 people with developmental disabilities, including regulations issued 11 pursuant to subdivision seven of section three hundred sixty-five-l of 12 the social services law or part L of chapter fifty-six of the laws of 13 two thousand twelve. 14 § 5. Subdivision (f) of section 31.02 of the mental hygiene law, as 15 amended by section 2 of part Z of chapter 57 of the laws of 2019, is 16 amended to read as follows: 17 (f) No provision of this article or any other provision of law shall 18 be construed to require a provider licensed pursuant to article twenty- 19 eight of the public health law or certified pursuant to article sixteen 20 or article thirty-two of this chapter to obtain an operating certificate 21 from the office of mental health if such provider has been authorized to 22 provide integrated services in accordance with regulations issued by the 23 commissioner of the office of mental health in consultation with the 24 commissioner of the department of health, the commissioner of the office 25 of [alcoholism and substance abuse services] addiction services and 26 supports and the commissioner of the office for people with develop- 27 mental disabilities, including regulations issued pursuant to subdivi- 28 sion seven of section three hundred sixty-five-l of the social services 29 law or part L of chapter fifty-six of the laws of two thousand twelve. 30 Furthermore, except as provided in paragraph (d) of subdivision six of 31 section three hundred sixty-four-m of the social services law, no 32 provision of this article or any other provision of law shall be 33 construed to limit the volume of mental health services that can be 34 provided by comprehensive outpatient services centers, as defined in 35 section three hundred sixty-four-m of the social services law. 36 § 6. Subdivision (b) of section 32.05 of the mental hygiene law, as 37 amended by section 3 of part Z of chapter 57 of the laws of 2019, is 38 amended to read as follows: 39 (b) (i) Methadone, or such other controlled substance designated by 40 the commissioner of health as appropriate for such use, may be adminis- 41 tered to an addict, as defined in section thirty-three hundred two of 42 the public health law, by individual physicians, groups of physicians 43 and public or private medical facilities certified pursuant to article 44 twenty-eight or thirty-three of the public health law as part of a chem- 45 ical dependence program which has been issued an operating certificate 46 by the commissioner pursuant to subdivision (b) of section 32.09 of this 47 article, provided, however, that such administration must be done in 48 accordance with all applicable federal and state laws and regulations. 49 Individual physicians or groups of physicians who have obtained authori- 50 zation from the federal government to administer buprenorphine to 51 addicts may do so without obtaining an operating certificate from the 52 commissioner. (ii) No provision of this article or any other provision 53 of law shall be construed to require a provider licensed pursuant to 54 article twenty-eight of the public health law, article thirty-one of 55 this [chapter] title or a provider certified pursuant to article sixteen 56 of this chapter to obtain an operating certificate from the office of
A. 3870 5 1 [alcoholism and substance abuse services] addiction services and 2 supports if such provider has been authorized to provide integrated 3 services in accordance with regulations issued by the commissioner of 4 [alcoholism and substance abuse services] addiction services and 5 supports in consultation with the commissioner of the department of 6 health, the commissioner of the office of mental health and the commis- 7 sioner of the office for people with developmental disabilities, includ- 8 ing regulations issued pursuant to subdivision seven of section three 9 hundred sixty-five-l of the social services law or part L of chapter 10 fifty-six of the laws of two thousand twelve. Furthermore, except as 11 provided in paragraph (d) of subdivision six of section three hundred 12 sixty-four-m of the social services law, no provision of this article or 13 any other provision of law shall be construed to limit the volume of 14 addiction services that can be provided by comprehensive outpatient 15 services centers, as defined in section three hundred sixty-four-m of 16 the social services law. 17 § 7. This act shall take effect January 1, 2024; provided, however, 18 that the amendments to section 364-m of the social services law made by 19 section two of this act shall not affect the repeal of such section and 20 shall be deemed to repeal therewith. Effective immediately, the commis- 21 sioner of the department of health, the commissioner of the office of 22 mental health and the commissioner of the office of addiction services 23 and supports are authorized to issue any rule or regulation necessary 24 for the implementation of this act on or before its effective date.