New York Assembly Bill A09246 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 9246  IN ASSEMBLY February 22, 2024 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to the creation of a certified recovery residences task force The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 32.05-a of the mental hygiene law is amended by 2 adding a new subdivision 5 to read as follows: 3 5. The certified recovery residences task force is hereby created, 4 which pursuant to the provisions of this subdivision, shall establish 5 best practice guidelines for certified recovery living residences that 6 illustrate the most appropriate and effective environment for persons 7 recovering from a chemical dependency. 8 (a) The task force shall study and utilize reliable evidence and 9 information collected from organizations and programs both in New York 10 state and throughout the country to: 11 (i) Document the number of certified recovery residences operating in 12 the state; 13 (ii) Issue recommendations and guidelines establishing best practices 14 for certified recovery living residences in order to provide an alcohol 15 and drug free recovery living environment, with a focus on least 16 restrictive means of benefiting the person in recovery. In developing 17 guidelines, the task force shall consider the role of local and state 18 government in oversight and other areas; siting challenges; geographic 19 variations in what housing currently exists and in barriers to creating 20 new suitable housing; optimal standards for living space, privacy and 21 nutrition; personal financial participation by tenants; work require- 22 ments, including adequacy of compensation; reimbursement opportunities; 23 discharge planning, the participant's legal protections against removal 24 from the residence; what information must be provided to the participant 25 at admission, including due process rights of the participant for 26 removal from the residence; appropriate responses to relapse with the 27 goal of protecting both the person who has relapsed and other residents 28 of the residence; how to ensure access to medication assisted treatment; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04931-03-4 
 A. 9246 2 1 the needs of women, and of women with children; the use of drug testing; 2 and options and requirements for formal or self-help treatment services; 3 (iii) Study and issue findings regarding health and safety concerns 4 related to the occupancy and operation of certified recovery living 5 residences for the person in recovery; 6 (iv) Study and issue findings regarding the impacts of occupancy and 7 operation of certified recovery living residences on neighborhoods and 8 surrounding areas; 9 (v) Issue recommendations for any other program or policy initiative 10 that the task force deems relevant. 11 (b) The members of the task force shall include thirteen members 12 consisting of the commissioner or his or her designee serving ex offi- 13 cio; the commissioner of the office of mental health or his or her 14 designee serving ex officio; the commissioner of the office of temporary 15 and disability assistance or his or her designee serving ex officio; the 16 commissioner of the office of homes and community renewal or his or her 17 designee serving ex officio; two members appointed by the temporary 18 president of the senate; one member appointed by the minority leader of 19 the senate; two members appointed by the speaker of the assembly; one 20 member appointed by the minority leader of the assembly; and three 21 members appointed by the governor, one of whom shall be an operator of a 22 certified recovery living residence with demonstrated experience in the 23 field and who must demonstrate, to the extent practicable, that the 24 residences they operate, certified or otherwise, have had minimal code 25 violations within the preceding three years. Appointments must ensure 26 geographic representation, to the extent practicable. The commissioner 27 shall be designated the chairperson of such task force and shall select 28 a vice-chairperson and a secretary from the designees appointed by the 29 legislature or the governor. 30 (i) The members of the task force shall receive no compensation for 31 their services but shall be reimbursed for expenses actually and neces- 32 sarily incurred in the performance of their duties. 33 (ii) No civil action shall be brought in any court against any member 34 of the recovery living task force for any act or omission necessary to 35 the discharge of his or her duties as a member of the task force, except 36 as provided herein. Such member may be liable for damages in any such 37 action if he or she failed to act in good faith and exercise reasonable 38 care. Any information obtained by a member of the task force while 39 carrying out his or her duties as prescribed in paragraph (a) of this 40 subdivision shall only be utilized in their capacity as a member of the 41 task force. 42 (c) No later than one year after the effective date of this subdivi- 43 sion, the task force shall provide a report containing the results of 44 the study, including evidence used as a basis in making such report, and 45 its recommendations, to the governor, the temporary president of the 46 senate, the minority leader of the senate, the speaker of the assembly, 47 and the minority leader of the assembly. The task force shall also make 48 the report public by posting a copy on the website maintained by the 49 office. 50 § 2. This act shall take effect one year after it shall have become a 51 law. Effective immediately, the addition, amendment, and/or repeal of 52 any rule or regulation necessary for the implementation of this act on 53 its effective date are authorized to be made and completed on or before 54 such effective date.