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 OR GENERAL IDEA OF BILL: This bill aims to create a chemical dependence detoxification reinvestment program with a mechanism to link patients to treatment upon the conclusion of their detoxification. This bill would take funds that were saved by providing more effective treatment and reinvest them into the system to treat others suffering from chemical dependence.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the mental hygiene law by adding a new section 22.13 which would establish the community chemical dependency services expansion program.
JUSTIFICATION: In the area of addiction treatment, one of the most pressing needs for systemic reform relates to detoxification for individuals with addiction treatment needs. The current detoxification service delivery system relies almost exclusively on intensive, inpatient, hospital-based detoxification. 11any of those served in hospital-based programs do not require such a high level of care and could be served in less intensive, and less expensive, community-based detoxification programs. In order to meet increasing demands for community based detoxification services community based providers need additional financial resources to maintain an appropriate level of care.
PRIOR LEGISLATIVE HISTORY: 2007/08 - A10700 - Referred to Alcoholism and Drug Abuse 2009/10 - A6952 - Referred to Alcoholism and Drug Abuse 2011/12 - A1887 - Ref to Alcoholism and Drug Abuse
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This bill will be funded on projected savings resulting from recent detoxification hospital rate reforms that are to encourage more efficient discharge planning and utilization of less expensive community based detoxification services. These rate reforms will phased in over a 4 year period.
EFFECTIVE DATE: This act shall cake effect immediately and expire on March 31, 2017.
STATE OF NEW YORK ________________________________________________________________________ 5471 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to establishing the community chemical dependence services expansion program; and provid- ing 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, OR OTHER FINANCIAL MECHANISMS DESIGNED TO ACHIEVE INCREASED QUALITY AND COST EFFECTIVENESS.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09370-01-3 S. 5471 2
(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, 2017.