Refers individuals to appropriate service providers that are able to provide services to such individual within seventy-two hours for substance use disorders.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4436
SPONSOR: Steck TITLE OF BILL:
An act to amend the public health law, in relation to referring individ-
uals to appropriate service providers for substance use disorders
PURPOSE:
Connects individuals with appropriate service providers for substance
use disorders.
SUMMARY OF PROVISIONS:
Section 1 amends Section 2803-u of the public health law requiring that
the office of addiction services and supports, in consultation with the
department, shall develop or utilize existing education materials to be
provided to general hospitals to disseminate to individuals with a docu-
ments substance use disorder or who appear to have or be at risk for a
substance use disorder during discharge planning pursuant to section
twenty-eight hundred three-i of this article.
Section 2 requires that general hospitals are to offer treatment,
including medication assisted treatment, to the individual within seven-
ty-two hours, provided, further, that every hospital shall immediately
address symptoms of withdrawal. Additionally, if the individual refuses
services then the hospital shall actually connect individuals in need of
substance use disorder services to an appropriate service provider,
including a hypodermic syringe and needle exchange program.
Section 3 requires that when an individual with a documented substance
use disorder or who appears to have or be at risk for a substance use
disorder, including discharge from the emergency department, such hospi-
tal shall inform the individual of the availability of the substance use
disorder treatment services that be available to them through substance
use disorder or harm reduction services program and if requested,
connect the individual to the appropriate services. Such efforts to
connect the individual shall be documented.
Section 4 states that the commissioner, in consultation with the commis-
sioner of OASAS, shall make. regulations as necessary and proper to
carry out the provisions of this section.
Section 5 states the effective date.
JUSTIFICATION:
According to the CDC over 81,000 drug overdose deaths occurred in the
United States in the last 12 months ending in May 2020. This is the
highest number of overdoses within a 12-month period. The latest numbers
suggest an acceleration of overdose during the COVID-19 pandemic who
need to do more to help those who are suffering with substance use
disorder get connected to the care they need. There should be no wrong
door to enter treatment. If someone is admitted to the hospital at risk
of suffering from addiction everything should be done to make sure that
the individual gets connected to services that can help them. This
legislation seeks to help prevent overdose deaths and assist those who
are seeking treatment to find providers by requiring that general hospi-
tals provide education and connect them with service providers.
LEGISLATIVE HISTORY:
2021/22: referred to health
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4436
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to referring individ-
uals to appropriate service providers for substance use disorders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2803-u of the public health law, as added by
2 section 1 of part C of chapter 70 of the laws of 2016 and subdivision 1
3 as amended by section 1 of subpart B of part BB of chapter 57 of the
4 laws of 2019, is amended to read as follows:
5 § 2803-u. Hospital substance use disorder policies and procedures. 1.
6 The office of [alcoholism and substance abuse] addiction services and
7 supports, in consultation with the department, shall develop or utilize
8 existing educational materials to be provided to general hospitals to
9 disseminate to individuals with a documented substance use disorder or
10 who appear to have or be at risk for a substance use disorder during
11 discharge planning pursuant to section twenty-eight hundred three-i of
12 this article. Such materials shall include information regarding the
13 various types of harm reduction, treatment, and recovery services,
14 including but not limited to: overdose prevention and syringe exchange
15 services; inpatient, outpatient, and medication-assisted treatment; how
16 to recognize the need for treatment or other substance use disorder
17 services; information for individuals to determine what type and level
18 of care or treatment is most appropriate and what resources are avail-
19 able to them; and any other information the commissioner deems appropri-
20 ate. General hospitals shall include in their policies and procedures
21 treatment protocols, consistent with medical standards, to be utilized
22 by the emergency departments in general hospitals for the appropriate
23 use of medication-assisted treatment, including, but not limited to
24 buprenorphine, prior to discharge, or referral protocols for evaluation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04087-02-3
A. 4436 2
1 of medication-assisted treatment when initiation in an emergency depart-
2 ment of a general hospital is not feasible.
3 2. Every general hospital shall: (a) within existing or in addition to
4 current policies and procedures, develop, maintain and disseminate,
5 written policies and procedures, for the identification, assessment, and
6 referral of individuals with a documented substance use disorder or who
7 appear to have or be at risk for a substance use disorder as defined in
8 section 1.03 of the mental hygiene law. Patient referrals shall be
9 arranged on a specific date, with specific inpatient or outpatient
10 substance use treatment organization. Except as provided in paragraph
11 (c) of this subdivision, such policies and procedures shall require
12 every hospital to offer treatment, including medication assisted treat-
13 ment when deemed necessary, to the individual within seventy-two hours
14 of such individual being diagnosed with a substance use disorder,
15 provided, further, that every hospital shall immediately address symp-
16 toms of withdrawal;
17 (b) establish and implement training, within existing or in addition
18 to current training programs, for all individuals licensed or certified
19 pursuant to title eight of the education law who provide direct patient
20 care regarding the policies and procedures established pursuant to this
21 section; and
22 (c) except where an individual has come into the hospital under
23 section 22.09 of the mental hygiene law, if the hospital does not
24 directly provide substance use disorder services, or the individual
25 refuses services, then [it] the hospital shall refer such individuals in
26 need of substance use disorder services to [and coordinate with
27 substance use disorder services programs] an appropriate service provid-
28 er that [provide] provides behavioral health services, as defined in
29 section 1.03 of the mental hygiene law, or a hypodermic syringe and
30 needle exchange program authorized pursuant to section 80.135 of part 80
31 of title 10 of the New York state codes, rules and regulations, that has
32 the ability to provide services to the individual within seventy-two
33 hours.
34 3. Upon commencement of treatment, admission, or discharge of an indi-
35 vidual with a documented substance use disorder or who appears to have
36 or be at risk for a substance use disorder, including discharge from the
37 emergency department, such hospital shall inform the individual of the
38 availability of the substance use disorder treatment services that may
39 be available to them through a substance use disorder or harm reduction
40 services program and, if requested, refer the individual to the appro-
41 priate services. Such efforts to refer the individual shall be docu-
42 mented in such individual's medical record.
43 4. The commissioner, in consultation with the commissioner of the
44 office of [alcoholism and substance abuse] addiction services and
45 supports, shall make regulations as may be necessary and proper to carry
46 out the provisions of this section.
47 § 2. This act shall take effect on the first of January next succeed-
48 ing the date on which it shall have become a law.
