S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5024

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law, in relation to community  opioid
  rehabilitation  program  services  act; and to amend the state finance
  law, in relation to establishing the opioid dependency services fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known as the "community opioid rehabili-
tation program services act".
  S 2. Legislative findings. The legislature finds that New  York  state
is experiencing a shocking increase in opioid use in both its street and
prescription  forms.  Heroin,  in  particular,  is  emerging as a public
health concern in every community, but its rise is  especially  alarming
in  the  state's  smaller urban, suburban and rural areas. The increased
incidence of heroin use largely involves young people who have turned to
the drug, because of its relatively low cost and high accessibility,  in
light  of  recent efforts to curb accessibility to prescription opioids.
Horrifying stories of opioid addiction, drug availability and use in our
schools, as well as family tragedy in which a promising young  life  has
ended  with  overdose,  are becoming far too commonplace.  Rising arrest
rates of low-level dealers and addicts, often  taking  place  in  public
areas  like  suburban mall parking lots, are further indication that the
resurrection of this drug more commonly associated with  street  culture
has permeated all sectors of society.
  In  addition,  the legislature finds that the extent of the problem is
widely recognized by professionals from all points on the front line  as
an emerging and significant public health issue.
  The  legislature  further  finds that significant savings will come to
the taxpayers of  New  York  through  the  elimination  of  prison  beds
throughout  the state as the prison population declines, due in no small
measure to reforms of drug laws enacted in the nineteen seventies. While

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03739-01-5
              

A. 5024                             2

there were more than 24,000 drug offenders in the state's  prison  popu-
lation at the end of 1996, that number had diminished to less than 6,700
at  the end of 2013. In its plan to consolidate with the closure of four
facilities  during  the  2014-15  state  fiscal  year, the department of
corrections and community supervision estimates an annual savings to the
state's taxpayers of approximately $30 million.
  Finally, the legislature finds that the savings from  the  closure  of
prison  facilities which, by the department of corrections and community
supervision's own estimate, is due largely to the diminishing sector  of
the  prison population incarcerated for drug-related offenses, should be
directed to community programs designed to address  the  growing  public
health epidemic of heroin and opiate addiction.
  S 3. Section 1.03 of the mental hygiene law is amended by adding a new
subdivision 59 to read as follows:
  59.  "COMMUNITY  OPIOID  REHABILITATION  PROGRAM  SERVICES" SHALL MEAN
PROGRAMS AND SERVICES PROVIDED FOR THE  CARE,  TREATMENT  AND  REHABILI-
TATION  OF THOSE PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES, INCLUD-
ING BUT NOT LIMITED TO:
  (A) EMERGENCY AND CRISIS SERVICES  PROVIDED  IN  A  PROGRAM  LICENSED,
CERTIFIED, OPERATED, OR FUNDED BY THE OFFICE;
  (B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES;
  (C)  OUTPATIENT  SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT
AND REHABILITATION AS DETERMINED BY A  LICENSED  TREATMENT  PROFESSIONAL
PROVIDED  IN  A  PROGRAM  LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE
OFFICE;
  (D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES,  PROVIDED  IN
PROGRAMS  LICENSED,  CERTIFIED,  OPERATED OR FUNDED BY THE OFFICE, WHICH
MAY INCLUDE, BUT ARE NOT LIMITED TO, COMMUNITY  RESIDENCES,  RESIDENTIAL
CARE  CENTERS  FOR  ADULTS,  FAMILY  CARE  HOMES,  CRISIS  RESIDENCE  OR
SUPPORTED HOUSING;
  (E) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC
REHABILITATION,  CLIENT   ADVOCACY,   SUPPORTED   EMPLOYMENT,   CONSUMER
SELF-HELP,  FAMILY  SUPPORT,  PEER  SUPPORT  AND  VOCATIONAL TRAINING AS
APPROVED BY THE OFFICE;
  (F) ANY OTHER SERVICES THAT MEET THE NEEDS OF THOSE  PERSONS  WHO  ARE
DEPENDENT ON OPIOID SUBSTANCES;
  (G)  PREVENTIVE  PROGRAMS  AND PREVENTION SERVICES DESIGNED TO EDUCATE
THE GENERAL PUBLIC ON THE DANGERS OF GENERAL OPIOID AND HEROIN ABUSE AND
ADDICTION INCLUDING, BUT NOT LIMITED TO THE RISKS TO HEALTH AND  QUALITY
OF  LIFE;  THE TOLL OPIOID ADDICTION TAKES ON FAMILY MEMBERS; THE FINAN-
CIAL COSTS ASSOCIATED WITH OPIOID ADDICTION; AND RECOGNIZING  THE  SIGNS
OF OPIOID DEPENDENCY.
  S  4.  Section  19.09 of the mental hygiene law is amended by adding a
new subdivision (j) to read as follows:
  (J) THE COMMISSIONER OF MENTAL HEALTH SHALL, IN COOPERATION  WITH  THE
COMMISSIONER  OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, PROMOTE, ESTABLISH,  DEVELOP,  COORDINATE,
EVALUATE,  AND  CONDUCT  PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS,
EXAMINATION, CARE, TREATMENT, AND  REHABILITATION  FOR  THE  BENEFIT  OF
PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES AND THEIR FAMILIES.  SUCH
PROGRAMS  SHALL  INCLUDE  BUT  NOT  BE LIMITED TO INPATIENT, OUTPATIENT,
PARTIAL HOSPITALIZATION, DAY CARE, EMERGENCY, REHABILITATIVE,  COMMUNITY
OPIOID  REHABILITATION  PROGRAMMATIC SERVICES, PURSUANT TO SECTION 41.59
OF THIS CHAPTER AND OTHER APPROPRIATE TREATMENTS AND SERVICES. HE OR SHE
SHALL TAKE ALL ACTIONS THAT  ARE  NECESSARY,  DESIRABLE,  OR  PROPER  TO
IMPLEMENT THE PURPOSES OF THIS CHAPTER AND TO CARRY OUT THE PURPOSES AND

A. 5024                             3

OBJECTIVES  OF THE DEPARTMENT WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR
BY APPROPRIATION, GRANT, GIFT, DEVISE, BEQUEST, OR ALLOCATION  FROM  THE
OPIOID  DEPENDENCY SERVICES FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-
PPPP OF THE STATE FINANCE LAW.
  S  5.  Subdivision  (a)  of section 41.13 of the mental hygiene law is
amended by adding a new paragraph 17 to read as follows:
  17. THE OFFICE OF MENTAL HEALTH  AND  THE  OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES  SHALL  ALSO  BE RESPONSIBLE FOR SUCH PROGRAM
DEVELOPMENT RELATING TO  COMMUNITY  OPIOID  REHABILITATION  PROGRAMMATIC
SERVICES  IN  AREAS WHERE THE RESPONSIBLE LOCAL GOVERNMENT UNIT DOES NOT
RECEIVE A GRANT OF STATE AID SPECIFICALLY FOR  THE  PURPOSE  OF  FUNDING
COMMUNITY  OPIOID  REHABILITATION PROGRAMMATIC SERVICES PURSUANT TO THIS
CHAPTER.
  S 6. The mental hygiene law is amended by adding a new  section  41.59
to read as follows:
S 41.59 COMMUNITY OPIOID REHABILITATION PROGRAM.
  (A)  COMMUNITY  OPIOID  REHABILITATION PROGRAM FUNDS SHALL BE ANNUALLY
ALLOCATED BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITERIA:
  1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING  WITHIN  THE
LOCAL  GOVERNMENTAL UNIT FOR THE DELIVERY OF SERVICES TO PERSONS WHO ARE
DEPENDENT ON OPIOID SUBSTANCES IN ORDER TO ASSURE THAT  RESOURCES    ARE
MADE  AVAILABLE  TO  FUND  OPIOID  REHABILITATION  SERVICES  TO  PERSONS
DISCHARGED INTO THE COMMUNITY; AND
  2. OTHER RELEVANT FACTORS THAT REQUIRE  THE  MAINTENANCE  OF  EXISTING
OPIOID  DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW OPIOID DEPENDENCY
SERVICES.
  (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY  BE  USED  TO
FUND  OPIOID  REHABILITATION  SERVICES,  MENTAL HEALTH WORKFORCE RELATED
ACTIVITIES, INCLUDING RECRUITMENT AND RETENTION INITIATIVES AND TRAINING
PROGRAMS, AND OTHER GENERAL PROGRAMMATIC ACTIVITIES  TO  HELP  ENSURE  A
STABLE  MENTAL  HEALTH  SYSTEM. SUCH GRANTS AND OTHER FUNDS SHALL NOT BE
USED FOR CAPITAL COSTS ASSOCIATED  WITH  THE  DEVELOPMENT  OF  COMMUNITY
CORRECTIONS REINVESTMENT SERVICES.
  (C)  PRIOR  TO  ENTERING  INTO CONTRACTS FOR THE PROVISION OF SERVICES
FUNDED PURSUANT TO THIS SECTION, THE OFFICE OF  MENTAL  HEALTH  AND  ANY
LOCAL  GOVERNMENTAL UNIT RECEIVING SUCH FUNDS SHALL CONSIDER THE FOLLOW-
ING:
  1. THE SERVICE NEEDS OF PERSONS WITH OPIOID  SUBSTANCE  DEPENDENCY  IN
THE  GEOGRAPHICAL  AREA IN WHICH THE OPIOID REHABILITATION PROGRAM OPER-
ATES;
  2. THE CAPACITY OF THE PROGRAM TO MEET IDENTIFIED  SERVICE  NEEDS  AND
SPECIFIED  PERFORMANCE STANDARDS RELATED TO ACCESS, ADMISSION, REFERRAL,
AND SERVICE COORDINATION AND DELIVERY;
  3. THE EXTENT TO WHICH OPIOID REHABILITATION  SERVICES  AUTHORIZED  BY
THE  CONTRACT  ARE  CONSISTENT AND INTEGRATED WITH THE PLAN PREPARED AND
APPROVED PURSUANT TO THIS ARTICLE; AND
  4. THE RELIABILITY AND  CAPABILITY  OF  THE  PROVIDER,  INCLUDING  ITS
EXPERTISE,  PRIOR EXPERIENCE, FINANCIAL RESPONSIBILITY, RECORD OF ADHER-
ENCE TO LAW, RECORD OF PROVIDING QUALITY CARE AND SERVICES, AND  ABILITY
TO DELIVER APPROPRIATE SERVICES IN A COST-EFFECTIVE AND EFFICIENT MANNER
TO PERSONS WITH OPIOID SUBSTANCE DEPENDENCY. THE COMMISSIONER IS AUTHOR-
IZED  TO  PROMULGATE  REGULATIONS TO ESTABLISH MINIMUM CONTRACTUAL OBLI-
GATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
  (D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO  MAKE  INSPECTIONS
AND  EXAMINE  RECORDS  OF  A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID
UNDER THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL,  SERVICE

A. 5024                             4

AND  FINANCIAL  RECORDS,  RECEIPTS,  DISBURSEMENTS, CONTRACTS, LOANS AND
OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
  (E)  FOR  PURPOSES OF THIS SECTION, THE TERM "STATE OPERATIONS GENERAL
FUND" SHALL MEAN THE OFFICE OF MENTAL HEALTH  STATE  OPERATIONS  GENERAL
FUND  APPROPRIATIONS  BEFORE  ANY OFFSET FROM THE SPECIAL REVENUE FUNDS,
OTHER MISCELLANEOUS SPECIAL  REVENUE  FUND  OR  MENTAL  HYGIENE  PATIENT
INCOME ACCOUNT.
  S  7. The state finance law is amended by adding a new section 97-pppp
to read as follows:
  S 97-PPPP.  OPIOID DEPENDENCY SERVICES FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF
TAXATION  AND  FINANCE  A  DEBT  SERVICE FUND TO BE KNOWN AS THE "OPIOID
DEPENDENCY SERVICES FUND".
  2. THE OPIOID DEPENDENCY SERVICES FUND SHALL  CONSIST  OF  THE  ANNUAL
SAVINGS  FROM  THE  DOWNSIZING  OF  FACILITIES  UNDER  THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, AS DETERMINED IN THE ANNUAL BUDG-
ET AND SHALL INCLUDE THE AMOUNT OF ACTUAL STATE OPERATIONS GENERAL  FUND
APPROPRIATION  REDUCTIONS,  INCLUDING PERSONAL SERVICE SAVINGS AND OTHER
THAN PERSONAL SERVICE SAVINGS DIRECTLY ATTRIBUTED TO CORRECTIONAL FACIL-
ITY CLOSURES. THE METHODOLOGIES USED TO CALCULATE  THE  CLOSURE  SAVINGS
SHALL  BE  DEVELOPED BY THE COMMISSIONER OF TAXATION AND FINANCE AND THE
DIRECTOR OF THE BUDGET. THE ANNUAL APPROPRIATION TO THE OPIOID DEPENDEN-
CY SERVICES FUND SHALL AT NO TIME BE LESS THAN THIRTY  MILLION  DOLLARS.
IN  THE  EVENT THAT TWENTY PERCENT OF THE ANNUAL SAVINGS FROM DOWNSIZING
IS LESS THAN THIRTY MILLION DOLLARS, APPROPRIATION FROM THE STATE  OPER-
ATIONS GENERAL FUND SHALL MAKE UP THE SHORTFALL.
  3.  MONEYS  IN THE OPIOID DEPENDENCY SERVICES FUND SHALL BE KEPT SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMPTROLLER. ALL DEPOSITS OF SUCH MONEYS SHALL BE SECURED  BY  OBLI-
GATIONS  OF  THE  UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT
ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS AND TRUST COMPANIES
ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR SUCH DEPOSITS.
  4. ANY MONEYS IN THE OPIOID DEPENDENCY SERVICES FUND MAY  BE  INVESTED
BY  THE  COMPTROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE OR
OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE  GUARANTEED  BY  THE
UNITED STATES OR THE STATE.
  S 8. This act shall take effect immediately.