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

                                  7104

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by Sens. TKACZYK, BRESLIN, DILAN, HOYLMAN, KENNEDY, KRUEGER,
  PARKER, PERKINS, STAVISKY -- 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 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
there  were  more than 24,000 drug offenders in the state's prison popu-

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

                                                           LBD14029-06-4

S. 7104                             2

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 (i) to read as follows:
  (I)  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
OBJECTIVES OF THE DEPARTMENT WITHIN THE AMOUNTS MADE AVAILABLE  THEREFOR

S. 7104                             3

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

S. 7104                             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.