A07465 Summary:

BILL NO    A07465 

SAME AS    Same as S 4370

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   

Amd S32.05, Ment Hyg L

Requires substance abuse recovery houses to obtain an operating certificate.

A07465 Actions:

BILL NO    A07465 

04/09/2009 referred to alcoholism and drug abuse
01/06/2010 referred to alcoholism and drug abuse

A07465 Votes:

A07465 Memo:

BILL NUMBER:A7465

TITLE  OF BILL:   An act to amend the mental hygiene law, in relation to
requiring substance abuse recovery houses to obtain an operating certif-
icate

PURPOSE OR GENERAL IDEA OF BILL: Requires substance abuse recovery hous-
es to obtain an operating certificate from the office of alcoholism  and
substance abuse services.

SUMMARY  OF SPECIFIC PROVISIONS: Subdivision (a) of section 32.05 of the
mental hygiene law is amended by adding a new paragraph 4.

JUSTIFICATION: In recent years, substance  abuse  recovery  houses  have
developed  at an alarming rate in Suffolk County. In fact, the operators
and managers of these programs have been known to actively market  their
facilities outside of Suffolk County in order to generate more business.
Despite  this increased development, the quality of these facilities and
the safety of their occupants remain unregulated by the State.  Many  of
these individuals are forensically involved, dually diagnosed and suffer
from  serious  mental  disorders.  In most cases, the residents of these
facilities require a level  of  outpatient  care  and  housing  that  is
currently not being met.

While  Suffolk County's Department of Social Services provides financial
aid and/or services to some of the residents  in  recovery  houses,  the
County  has  no legal authority to manage the operation of these facili-
ties. Although DSS attempts to inspect a  facility  with  four  or  more
unrelated  Public Assistance recipients, there is no legal or regulatory
basis for taking this action. A landlord can refuse  inspection  and  is
not  required  to  provide any notice for operating a new facility. If a
recovery house is structurally unsafe, the matter  is  referred  to  the
local  town  or village for appropriate action.  Unfortunately, there is
no agency that oversees the care and treatment of individuals  occupying
these facilities.

Article  32  of  the  New  York  State Mental Hygiene Law sets forth the
provisions that enable the Commissioner of OASAS to regulate the quality
of services provided to persons suffering from chemical abuse or depend-
ence. Section 32.05 provides the  Commissioner  with  the  authority  to
issue  operating  certificates  to  community residences providing care,
custody or treatment to persons suffering from chemical abuse or depend-
ence. The County of Suffolk believes that substance abuse recovery hous-
es qualify as a community residence as defined under this  provision  of
law.  However,  the  statute  is  not  sufficiently clear on this point.
Therefore, the County is  requesting  the  State  Legislature  to  amend
Section 32.05(a) to require substance abuse recovery houses to obtain an
operating certificate from the Commissioner of OASAS.

State  certification of substance abuse recovery houses will require the
Commissioner of OASAS to determine that  a  public  need  exists  before
establishing  one  of these facilities. In addition, State certification

of recovery houses will ensure the character, competence and standing of
the person or entity responsible for operating a recovery house.  Appli-
cants will have to demonstrate their  financial  ability  to  operate  a
facility,  as well as their ability to provide and maintain a safe envi-
ronment for the residents of these  facilities.  Most  importantly,  the
care  and  services  received by these individuals will be closely moni-
tored to ensure that they are in compliance  with  applicable  laws  and
regulations  and  consistent  with  their treatment and discharge plans.
Without this proper oversight,  substance  abuse  recovery  houses  will
continue  to  pose  a serious threat to the safety and well being of the
individuals that occupy them.

PRIOR LEGISLATIVE  HISTORY:    2001-02:  A.6960/S.3945  2003-04:  A.1334
2005-06: A. 7954 - Referred to Assembly Alcohol and Drug Abuse Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE: This act shall take effect on the sixtieth day after it
shall have become a law.