New York Assembly Bill A00817 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 817 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to requiring mental health evaluations for participants in substance use disorder treat- ment programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 19.09 of the mental hygiene law is amended by 2 adding a new subdivision (m) to read as follows: 3 (m)(1) Notwithstanding any provision of law to the contrary, the 4 commissioner shall require all certified substance use disorder treat- 5 ment-related programs approved by the office to provide program partic- 6 ipants with a mental health evaluation conducted by a licensed profes- 7 sional whose scope of practice includes the diagnosis of mental health 8 disorders who shall, if appropriate, refer the participant for outpa- 9 tient mental health treatment. Transportation services to such outpa- 10 tient treatment shall be provided to a participant. 11 (2) The office shall establish a bureau of qualified licensed provid- 12 ers for all licensed professionals as defined in paragraph one of this 13 subdivision who shall provide such evaluation pursuant to this subdivi- 14 sion. 15 (3) As an alternative to the provisions of paragraph one of this 16 subdivision, programs certified by the office may choose to utilize 17 their own employees or independent contractors to provide both the eval- 18 uation referred to in paragraph one of this subdivision and the treat- 19 ment of persons with co-occurring disorders. Notwithstanding any law, 20 rule, or regulation to the contrary, the commissioner is authorized to 21 certify such programs for the outpatient treatment of patients diagnosed 22 with co-occurring disorders provided in OASAS-certified facilities, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03378-01-5 
 A. 817 2 1 provided that such programs shall use only providers of the type 2 described in paragraph one of this subdivision. 3 (4) No primary diagnosis shall be required for a person to be treated 4 in a program for co-occurring disorders. A mental health diagnosis shall 5 not be a basis for the denial of admission to, or the expulsion from, a 6 certified substance use disorder treatment facility. 7 (5) The commissioner shall endeavor to ensure that all existing 8 provisions of this chapter are complied within the establishment of 9 programs for persons with co-occurring disorders, but the commissioner 10 may, in the course of the regulatory process, determine that any such 11 provisions are an obstacle to fulfillment of effective treatment of 12 co-occurring disorders and, as such, shall not be part of the certif- 13 ication process under this article. 14 (6) Notwithstanding any other provision of law to the contrary, the 15 bureau established pursuant to paragraph two of this subdivision and the 16 programs for co-occurring disorders described in paragraph three of this 17 subdivision, shall have access to all prior substance abuse and mental 18 health treatment records for use in the evaluation prescribed in para- 19 graph one of this subdivision and all other treatment related purposes. 20 (7) The commissioner shall promulgate rules and regulations necessary 21 for the effectuation of this section, including the use of telehealth 22 services, appropriate reimbursement for the transportation referred to 23 in this subdivision, and appropriate billing requirements and reimburse- 24 ment for programs providing integrated services to individuals with 25 co-occurring disorders in an OASAS-certified outpatient facility, 26 including medical, psychiatric and clinical services. 27 § 2. This act shall take effect immediately.