Defines the scope of responsibilities of the office of alcoholism and substance abuse services regarding recovery services, terms of operating certificates and the DWI provider list and permits local departments of social services to participate in the process of developing local services plans.
Ayes (33): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
BILL NUMBER: S7255
TITLE OF BILL :
An act to amend the mental hygiene law, in relation to defining the scope of responsibilities of the office of alcoholism and substance abuse services regarding recovery services, terms of operating certificates and the DWI provider list, and permitting local departments of social services to participate in the process of developing local services plans
This bill would amend the Mental Hygiene Law (MHL) to: (1) clarify the scope of responsibilities of the Office of Alcoholism and Substance Abuse Services (OASAS); (2) clarify that OASAS' duty to develop a list of qualified driving while intoxicated (DWI) assessment providers includes the ability to revise such list by addition or removal of providers and would grant persons aggrieved by an agency decision the opportunity for an administrative review of such agency decision; (3) permit the Commissioner of OASAS to issue operating certificates for a maximum term of five years; and (4) permit the optional participation of local social services districts in the development of county local services or unified services plans.
SUMMARY OF PROVISIONS :
Section 1 of the bill would: (1) amend MHL § 19.07(a) and (c) to clarify that "rehabilitation" includes programs for recovery maintenance and relapse prevention; and (2) amend MHL § 19.07(g) to clarify that OASAS' duty to maintain the list of capable and available providers of chemical dependence assessment services includes removal of persons deemed unqualified and allows any person aggrieved by a decision involving their placement on the list the opportunity for an administrative appeal.
Section 2 of the bill would amend MHL § 19.09(g) to clarify that "rehabilitation" includes programs for recovery maintenance and relapse prevention.
Section 3 of the bill would amend MHL § 32.09(c) to extend the maximum term of an operating certificate from 3 to 5 years.
Section 4 of the bill would amend MHL § 41.16(a) and (c) to give county commissioners of public welfare or other agents of departments of social services the option of participating in the process of planning local services or unified services plans.
Section 5 of the bill would make it effective 180 days after enactment.
EXISTING LAW :
MHL § 19.01 indicates the policy of the State is to "prevent relapse and maintain recovery" of persons with the chronic disease of chemical dependence but this terminology is not consistent throughout the chapter.
MHL § 19.07 sets forth the responsibilities of OASAS.
MHL § 19.07(g) requires OASAS to maintain the statewide list of capable and available providers of assessment services related to drunk driving violations.
MHL § 32.09(c) authorizes the Commissioner of OASAS to grant operating certificates for a maximum of 3 years.
MHL § 41.16 directs the participation of certain agencies and stakeholders in the process of developing a local or unified services plan for county provision of mental hygiene services; however local departments of social services, as a major source of reimbursement for many programs, are not currently among those specifically delineated.
LEGISLATIVE HISTORY :
This is a new proposal.
STATEMENT IN SUPPORT :
This bill would resolve ambiguities in current statutes that may present obstacles to the agency's programmatic goals and regulatory duties.
Clarifying the policy goal of recovery services as a facet of rehabilitation will supports OASAS' programmatic goals of offering residential or employment services to persons in a fragile state of early recovery from chemical dependence.
Clarifying the agency's authority to revise and maintain the list of DWI assessment providers enables OASAS to continually ensure the capability of providers available for DWI screening for court purposes. In addition, this bill would clarify that individuals who may be aggrieved by OASAS' determination regarding such individuals' placement on the list will be entitled to an administrative review of such determinations.
Extending the maximum operating certificate term would offer provider agencies an incentive to encourage high quality performance from its certified providers. A longer term operating certificate would relieve certain high performing providers of frequent time consuming reviews, affording more time for patient contact. OASAS will still retain the discretion to issue operating certificates for periods shorter than five years.
Permitting local social services districts to participate in the development of county local services or unified services plans gives all stakeholders an opportunity for input and could address fiscal concerns of providers and municipalities in that process.
BUDGET IMPLICATIONS :
This bill would have no fiscal implications.
EFFECTIVE DATE : This bill would take effect 180 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 7255 IN SENATE March 25, 2010 ___________Introduced by Sen. MORAHAN -- (at request of the Office of Alcoholism and Substance Abuse Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law, in relation to defining the scope of responsibilities of the office of alcoholism and substance abuse services regarding recovery services, terms of operating certif- icates and the DWI provider list, and permitting local departments of social services to participate in the process of developing local services plans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a), (b), and (g) of section 19.07 of the mental hygiene law, subdivision (a) as amended by section 4 of part I of chapter 58 of the laws of 2005, subdivision (b) as added by chapter 223 of the laws of 1992, and subdivision (g) as amended by chapter 669 of the laws of 2007, are amended to read as follows: (a) The office of alcoholism and substance abuse services is charged with the responsibility for assuring the development of comprehensive plans, programs, and services in the areas of research, prevention, care, treatment, rehabilitation, INCLUDING RELAPSE PREVENTION AND RECOV- ERY MAINTENANCE, education, and training of persons who abuse or are dependent on alcohol and/or substances and their families. Such plans, programs, and services shall be developed with the cooperation of the office, the other offices of the department where appropriate, local governments, consumers and community organizations and entities. The office shall provide appropriate facilities and shall encourage the provision of facilities by local government and community organizations and entities. The office is also responsible for developing plans, programs and services related to compulsive gambling education, prevention and treatment consistent with section 41.57 of this chapter. (b) The office of alcoholism and substance abuse services shall advise and assist the governor in improving services and developing policies designed to meet the needs of persons who abuse or are dependent onEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15742-02-0 S. 7255 2
alcohol and/or substances and their families, and to encourage their rehabilitation, MAINTENANCE OF RECOVERY, and functioning in society. (g) The office of alcoholism and substance abuse services shall devel- op, REVISE AND MAINTAIN a list of the names and locations of all licensed agencies and alcohol and substance abuse professionals, as defined in paragraphs (a) and (b) of subdivision one of section eleven hundred ninety-eight-a of the vehicle and traffic law, throughout the state which are capable of and available to provide an assessment of, and treatment for, alcohol and substance abuse and dependency. Such list shall be provided to the chief administrator of the office of court administration and the commissioner of motor vehicles. PERSONS WHO MAY BE AGGRIEVED BY AN AGENCY DECISION REGARDING INCLUSION ON THE LIST MAY REQUEST AN ADMINISTRATIVE APPEAL IN ACCORDANCE WITH RULES AND REGU- LATIONS OF THE OFFICE. S 2. Subdivision (g) of section 19.09 of the mental hygiene law, as amended by chapter 558 of the laws of 1999, is amended to read as follows: (g) The commissioner shall establish and operate chemical dependence programs, facilities, and services for the
[prevention of chemical abuse and the treatment and rehabilitation]PREVENTION, TREATMENT, AND REHA- BILITATION, INCLUDING RELAPSE PREVENTION AND RECOVERY MAINTENANCE, of persons who abuse or are dependent on alcohol and/or substances, and significant others not limited to the psychiatric model but embodying all recognized or promising approaches. S 3. Subdivision (c) of section 32.09 of the mental hygiene law, as added by chapter 558 of the laws of 1999, is amended to read as follows: (c) Operating certificates shall be valid for up to a [three-year]FIVE YEAR period as shall be expressly provided upon such certificate or renewal thereof. S 4. Subdivisions (a) and (c) of section 41.16 of the mental hygiene law, subdivision (a) as added by chapter 978 of the laws of 1977 and subdivision (c) as amended by section 2 of chapter 99 of the laws of 1999, are amended to read as follows: (a) Each of the offices of the department shall guide and facilitate the process of local planning so that plans for the provision of all services, including state and local services, can be formulated on the basis of approved local plans and federal guidelines related to services for the mentally disabled to reflect the distribution of needs and resources of areas of the state. All providers of services, including facilities of the offices of the department, directors of hospital based mental health services, directors of community mental health centers, and voluntary agencies shall participate in and provide information, including budget data, for local planning processes. COUNTY COMMISSION- ERS OF PUBLIC WELFARE OR OTHER AGENTS OF THE LOCAL DEPARTMENTS OF SOCIAL SERVICES MAY PARTICIPATE IN THE PLANNING PROCESS. (c) A local services plan or unified services plan shall be developed, in accordance with the regulations of the commissioner or commissioners of the office or offices of the department having jurisdiction of the services by the local governmental unit or units which shall direct and administer a local comprehensive planning process for its geographic area, consistent with statewide goals and objectives established pursu- ant to section 5.07 of this chapter. The planning process shall involve the directors of any department facilities, directors of hospital based mental health services, directors of community mental health centers, consumers, consumer groups, voluntary agencies, other providers of services, and local correctional facilities and other local criminalS. 7255 3
justice agencies. COUNTY COMMISSIONERS OF PUBLIC WELFARE OR OTHER AGENTS OF THE LOCAL DEPARTMENTS OF SOCIAL SERVICES MAY PARTICIPATE IN THE PLANNING PROCESS. The local governmental unit, or units, shall determine the proposed local services plan or unified services plan to be submitted for approval. If any provider of services including facili- ties in the department, or any representative of the consumer or commu- nity interests within the local planning process, disputes any element of the proposed plan for the area which it serves, the objection shall be presented in writing to the director of the local governmental unit. If such dispute cannot be resolved to the satisfaction of all parties, the director shall determine the plan to be submitted. If requested and supplied by the objecting party, a written objection to the plan shall be appended thereto and transmitted to the single agent of the depart- ment jointly designated by the commissioners. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.