STATE OF NEW YORK ________________________________________________________________________ 3974 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. FORREST -- read once and referred to the Commit- tee on Mental Health AN ACT to amend the mental hygiene law, in relation to creating the office of the ombudsperson for behavioral health access The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The mental hygiene law is amended by adding a new section 2 7.49 to read as follows: 3 § 7.49 Behavioral health access ombudsperson. 4 (a) For the purposes of this section, the following terms shall have 5 the following meanings: 6 1. "Office of the ombudsperson" shall mean the office of the ombud- 7 sperson for behavioral health access. 8 2. "Ombudsperson" shall mean the ombudsperson for behavioral health 9 access to care. 10 (b) There is hereby created the office of the ombudsperson for behav- 11 ioral health access for the purpose of assisting New Yorkers in access- 12 ing behavioral health care. 13 (c) The office of the ombudsperson and the department of mental 14 hygiene shall operate pursuant to a memorandum of understanding between 15 the two entities. The memorandum of understanding shall contain, at a 16 minimum: 17 1. a requirement that the office of the ombudsperson has its own 18 personnel rules; 19 2. a requirement that the ombudsperson has independent hiring and 20 termination authority over office of the ombudsperson employees; 21 3. a requirement that the office of the ombudsperson shall follow 22 state fiscal rules; 23 4. a requirement that the office shall offer the office of the ombud- 24 sperson limited support with respect to: 25 (i) personnel matters; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07354-01-5
A. 3974 2 1 (ii) recruitment; 2 (iii) payroll; 3 (iv) benefits; 4 (v) budget submission, as needed; 5 (vi) accounting; and 6 (vii) office space, facilities, and technical support; and 7 5. any other provisions regarding administrative support that will 8 help maintain the independence of the office of the ombudsperson. 9 (d) The office of the ombudsperson shall operate with full independ- 10 ence and with complete autonomy, control, and authority over operations, 11 budget, and personnel decisions related to the office of the ombudsper- 12 son and the ombudsperson. 13 (e) 1. On or before January first, two thousand twenty-six, the gover- 14 nor shall designate an ombudsperson for behavioral health access to 15 care, who shall serve as director of the office of the ombudsperson. 16 2. The ombudsperson shall serve as a neutral party to help consumers, 17 including consumers who are uninsured or have public or private health 18 benefit coverage, including coverage that is not subject to state regu- 19 lation, and health care providers acting on their own behalf, on behalf 20 of a consumer with the consumer's written permission, or on behalf of a 21 group of health care providers, navigate and resolve issues related to 22 consumer access to behavioral health care, including care for mental 23 health conditions and substance use disorders. 24 (f) The ombudsperson shall: 25 1. interact with consumers and health care providers with concerns or 26 complaints to help such consumers and providers resolve behavioral 27 health care access and coverage issues; 28 2. identify, track, and report to the appropriate regulatory or over- 29 sight agency concerns, complaints, and potential violations of state or 30 federal rules, regulations, or statutes concerning the availability of, 31 and terms and conditions of, benefits for mental health conditions or 32 substance use disorders, including potential violations related to quan- 33 titative and non-quantitative treatment limitations; 34 3. receive and assist consumers and providers in reporting concerns 35 and filing complaints with appropriate regulatory or oversight agencies 36 relating to inappropriate care; 37 4. provide appropriate information necessary to help consumers obtain 38 behavioral health care services; 39 5. develop appropriate points of contact for referrals to other state 40 and federal agencies; and 41 6. provide appropriate information to help consumers and health care 42 providers file appeals or complaints with the appropriate entities, 43 including insurers and other state and federal agencies. 44 (g) The ombudsperson, employees of the office of the ombudsperson, and 45 any persons acting on behalf of the office of the ombudsperson shall 46 comply with all state and federal confidentiality laws that govern the 47 department with respect to the treatment and disclosure of confidential 48 information and records. 49 (h) The ombudsperson shall act independently of the office in the 50 performance of such ombudsperson's duties. Any recommendations made or 51 positions taken by the ombudsperson shall not reflect those of the 52 office. 53 (i) The commissioner of financial services and the commissioner shall 54 each appoint a liaison to the ombudsperson to receive reports of 55 concerns, complaints, and potential violations described in paragraph 56 two of subdivision (f) of this section.
A. 3974 3 1 (j) 1. On or before November first of each year following the effec- 2 tive date of this section, the ombudsperson shall prepare and submit a 3 written report to the governor, the commissioner of financial services, 4 the senate committee on health, the senate committee on mental health, 5 and the senate committee on insurance, or any successor committees. 6 2. The report required by paragraph one of this subdivision shall: 7 (i) include information from the preceding fiscal year concerning 8 actions taken by the ombudsperson relating to the duties of the office 9 of the ombudsperson pursuant to paragraph two of subdivision (e) of this 10 section; and 11 (ii) not include any personally identifying information about an indi- 12 vidual consumer or health care provider or identifying information about 13 a health care facility. 14 3. The ombudsperson shall post the report on the department's website. 15 § 2. This act shall take effect immediately.