Establishes the community chemical dependence services expansion program; provides funding for local governmental units for the provision of new and expanded chemical dependency services.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to establishing the community chemical dependence services expansion program and providing for the repeal of such provisions upon expiration thereof
PURPOSE: The purpose of this bill is to reduce the over-utilization of New York City's medically managed detoxification services by increasing the availability of chemical dependency services available at local, community-based agencies.
SUMMARY OF PROVISIONS: The bill amends the Mental Hygiene Law to add a new section 22.13 to direct the Office of Alcoholism and Substance Abuse Services (OASAS) to use funds attributable to reductions in expenditures for medically managed chemical dependence detoxification to provide grants to fund the Community Chemical Dependence Services Expansion Program. Grants will be distributed directly from OASAS to non-profit entities, and to local governmental units in proportion to the unmet need for chemical dependency services. The act will sunset on March 31, 2018.
EXISTING LAW: None.
JUSTIFICATION: The New York City Department of Health and Mental Hygiene and OASAS have undertaken efforts to reduce the over-utilization of New York City's medically managed detoxification services by increasing the availability of, and incentives for patients to utilize less restrictive and less expensive alternatives. This substitution will result in more appropriate care as well as very significant savings for the State.
The proposed legislation will ensure that savings achieved by the substitution of less restrictive alternatives for medically managed inpatient detoxification will be reinvested in New York State's chemical dependency services system, and that community-based agencies receive the resources necessary to provide treatment and link clients to ongoing care.
The funds saved and reinvested will be necessary to fill any identified gaps, support initiatives that bring evidence-based treatment into practice in the community-based service sector, and improve the outcomes for people living with chemical dependency. Initiatives that should benefit from such reinvestment include: case management, shelter and ambulatory-based detoxification centers, buprenorphine and methadone treatment capacity expansion, and services for patients with co-occurring psychiatric and addictive disorders.
LEGISLATIVE HISTORY: 2012: S.2214A - Amended and Recommitted to Alcoholism and Drug Abuse
2010: S.2192 - Referred to Mental Health & Developmental Disabilities 2008. S.7514 - Referred to Mental Health & Developmental Disabilities
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately and shall expire March 31, 2018.
STATE OF NEW YORK ________________________________________________________________________ 2558 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to establishing the community chemical dependence services expansion program and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The mental hygiene law is amended by adding a new section 22.13 to read as follows: S 22.13 COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION PROGRAM. (A) COMMUNITY CHEMICAL DEPENDENCE SERVICES EXPANSION FUNDS SHALL BE ANNUALLY ALLOCATED BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITE- RIA: 1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING WITHIN THE LOCAL GOVERNMENTAL UNIT FOR THE DELIVERY OF SERVICES TO PERSONS WITH SERIOUS CHEMICAL DEPENDENCY IN ORDER TO ASSURE THAT RESOURCES ARE MADE AVAILABLE TO PERSONS IN THE COMMUNITY; 2. PROVISIONS THAT GRANTEES OF SUCH FUNDS FOR THE PROVISION OF CHEMI- CAL DEPENDENCE DETOXIFICATION SERVICES SHALL HAVE A MECHANISM TO LINK ALL CLIENTS RECEIVING DETOXIFICATION SERVICES TO ONGOING TREATMENT FOR CHEMICAL DEPENDENCY IMMEDIATELY UPON THE CONCLUSION OF THEIR DETOXIFICA- TION; AND 3. OTHER RELEVANT FACTORS THAT REQUIRE THE MAINTENANCE OF EXISTING CHEMICAL DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW CHEMICAL DEPEND- ENCY SERVICES. (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY BE USED TO FUND CHEMICAL DEPENDENCE TREATMENT SERVICES, INCLUDING DETOXIFICATION SERVICES, AND ASSOCIATED LOCAL GOVERNMENTAL UNIT ADMINISTRATIVE EXPENSES SUCH AS APPROVED NET OPERATING COST, FEE-FOR-SERVICE REIMBURSEMENT, OREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07398-01-3 S. 2558 2
OTHER FINANCIAL MECHANISMS DESIGNED TO ACHIEVE INCREASED QUALITY AND COST EFFECTIVENESS. (C) FUNDS SHALL BE DISTRIBUTED PURSUANT TO THIS SECTION TO LOCAL GOVERNMENTAL UNITS IN PROPORTION TO EACH UNIT'S UNMET NEED FOR CHEMICAL DEPENDENCE TREATMENT SERVICES, AS ESTABLISHED BY THE OFFICE, EXCEPT THAT IN DISTRIBUTING SUCH FUNDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT TO WHICH EACH LOCAL GOVERNMENTAL UNIT HAS MAINTAINED LOCAL CONTRIBUTIONS FOR EXPENDITURES OF CHEMICAL DEPENDENCY SERVICES MADE PURSUANT TO THIS SECTION IN ANY FISCAL YEAR AT A LEVEL EQUAL TO OR GREATER THAN THE AMOUNT EXPENDED FOR SUCH SERVICES BY SUCH LOCAL GOVERNMENTAL UNIT IN THE LAST COMPLETED FISCAL YEAR PRECEDING THAT FISCAL YEAR. (D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID UNDER THIS SECTION OR A PROVIDER OF SERVICES FUNDED PURSUANT TO SUBDIVI- SION (B) OF THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL, SERVICE AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS AND OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER. (E) THE AMOUNT OF COMMUNITY CHEMICAL DEPENDENCE SERVICES EXPANSION FUNDS FOR THE OFFICE SHALL BE DETERMINED IN THE ANNUAL BUDGET AND SHALL INCLUDE THE AMOUNT OF GENERAL FUND APPROPRIATION REDUCTIONS ATTRIBUTABLE TO REDUCTIONS IN MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED CHEMICAL DEPENDENCE DETOXIFICATION. SUCH REDUCTIONS SHALL BE CALCULATED BY COMPARING MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED CHEM- ICAL DEPENDENCY DETOXIFICATION IN THE BASE YEAR WITH THE SAME EXPENDI- TURES IN THE STATE FISCAL YEAR IMMEDIATELY PRECEDING THE BASE YEAR. FOR PURPOSES OF THIS SECTION, THE BASE YEAR SHALL BE THE STATE FISCAL YEAR IN WHICH THE EXECUTIVE BUDGET IS ISSUED. IN COMPUTING SUCH GENERAL FUND EXPENDITURES, AND IN COMPUTING THE STATE SHARE OF MEDICAL ASSISTANCE PURSUANT TO THIS SECTION, THE STATE SHARE OF MEDICAL ASSISTANCE IN EFFECT ON JANUARY FIRST, TWO THOUSAND FIVE SHALL BE USED. (F) FOR PURPOSES OF THIS SECTION, THE DEFINITIONS CONTAINED IN SECTIONS 26.00 AND 41.03 OF THIS CHAPTER SHALL APPLY, EXCEPT THAT CHEMI- CAL DEPENDENCE TREATMENT SERVICES SHALL NOT INCLUDE MEDICALLY MANAGED DETOXIFICATION PROVIDED IN GENERAL HOSPITALS LICENSED PURSUANT TO ARTI- CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. (G) NO PROVISION IN THIS SECTION SHALL CREATE OR BE DEEMED TO CREATE ANY RIGHT, INTEREST OR ENTITLEMENT TO SERVICES OR FUNDS THAT ARE THE SUBJECT OF THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS, WHETHER TO INDIVIDUALS, LOCALITIES, PROVIDERS OR OTHERS, INDIVIDUALLY OR COLLEC- TIVELY. S 2. This act shall take effect immediately and shall expire and be deemed repealed March 31, 2018.