Add Art 10-B S1100, Fam Ct Act; amd SS3221 & 4322, Ins L
Relates to youth drug and alcohol detoxification; authorizes approved applicant to petition family court for the review by a physician of a youth for possible drug and alcohol detoxification; provides appeal process by youth; provides benefits for treatment of chemical dependency in certain health insurance plans; defines the term "youth".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9523B
SPONSOR: Fields TITLE OF BILL: An act to amend the family court act, in relation to
youth drug and alcohol detoxification; and to amend the insurance law,
in relation to providing benefits for treatment of chemical dependency
in certain health insurance plans
PURPOSE OR GENERAL IDEA OF BILL: To create Denise's law, which would
allow approved applicants to petition the court to have youths enrolled
into a drug addiction program. The bill further requires health insur-
ance plans to cover the cost of such programs.
SUMMARY OF SPECIFIC PROVISIONS: Creates Denise's Law. Adds a new
article 10-B to the family court act to allow for approved applicants to
petition the court to allow a youth to be placed into a drug abuse and
drug detoxification program. Requires a judge, if satisfied on reason-
able grounds, to issue a warrant and cause the youth to be taken to a
physician where the youth may be detained and examined, this section
allows the petitioner to be named as executor of the warrant.
States that every assessed youth shall be informed of their reason for
apprehension, and shall be entitled to receive a copy of the order. A
physician will be responsible for examining the youth as soon as reason-
ably practible and within 24 hours of the youth's apprehension. After
such examination a physician may issue a detoxification order to detain
the youth in a detoxification facility. Such order shall be made only if
the physician feels the youth is suffering from severe drug addiction or
drug abuse and requires detention, is likely to cause harm to themselves
or others, or is suffering substantial mental or physical deterioration.
Also the youth would need to be unable to fully understand and be unable
to make informed decisions respecting their need to detoxify and stabi-
lize, or are unwilling to take steps to begin recovery from drug abuse
or addiction. An assessed youth or a person on their behalf may appeal
the decision.
Provisions of this bill also require health insurers to cover the costs
of such treatments.
JUSTIFICATION: Suffolk County has been. in the news and on television
because of the high incidence of heroin and drug related deaths. On July
16, 2008, Denise M. Gerardi, age 19, passed away due to a drug overdose.
Denise's loss of life is tragic and shows the grave issues that have
arisen with a growing drug addiction problem on Long Island and through-
out New York. Sachem High School East and many other schools on Long
Island have formed committees to look into ways to prevent the tragic
loss of life so that other families can help prevent future tragedies
from occurring. Drug addiction among youths is a grave concern to all.
Parents feel helpless and often do not know what to do when facing this
situation. Under current law, a youth can decline and refuse any
attempts at help. This legislation allows parents to take control of the
situation and get the help sorely needed for the child. This legislation
allows a parent to petition the court to have their child assessed by a
physician to determine whether or not detoxification would assist in
helping the youth fight their drug addiction.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take immediately.
STATE OF NEW YORK
________________________________________________________________________
9523--B
IN ASSEMBLY
January 11, 2010
___________
Introduced by M. of A. FIELDS, ROBINSON, ORTIZ, HOOPER, CASTRO, ARROYO,
GUNTHER, ESPAILLAT -- Multi-Sponsored by -- M. of A. BOYLAND, BURLING,
CALHOUN, CONTE, COOK, CROUCH, DelMONTE, ERRIGO, FINCH, GABRYSZAK,
GALEF, GIBSON, GIGLIO, MAGEE, MARKEY, MAYERSOHN, McDONOUGH, McKEVITT,
MENG, M. MILLER, PHEFFER, REILLY, SALADINO, SAYWARD, TOWNSEND -- read
once and referred to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the family court act, in relation to youth drug and
alcohol detoxification; and to amend the insurance law, in relation to
providing benefits for treatment of chemical dependency in certain
health insurance plans
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Denise's law".
2 § 2. The family court act is amended by adding a new article 10-B to
3 read as follows:
4 ARTICLE 10-B
5 YOUTH DRUG AND ALCOHOL DETOXIFICATION
6 Section 1100. Youth drug and alcohol detoxification.
7 § 1100. Youth drug and alcohol detoxification. 1. For purposes of this
8 section:
9 (a) "approved applicant" means:
10 (i) with respect to a youth:
11 (1) that youth's parent; or
12 (2) a person with whom that youth has a close personal relationship;
13 or
14 (ii) a social worker;
15 (b) "assessed youth" means a youth who is the subject of a warrant
16 issued pursuant to subdivision three of this section, who has been
17 apprehended for the purposes of an examination or who is the subject of
18 a detoxification order;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15278-05-0
A. 9523--B 2
1 (c) "detoxification facility" means a facility in New York state
2 certified by the office of alcoholism and substance abuse services;
3 (d) "detoxification order" means an order issued pursuant to subdivi-
4 sion thirteen of this section respecting an assessed youth.
5 (e) "youth" means an individual who has not attained the age of twen-
6 ty-one years.
7 2. An approved applicant may petition the court stating that the
8 approved applicant believes on reasonable grounds that a youth:
9 (a) is suffering from drug addiction or drug abuse;
10 (b) is at risk of serious harm or danger to himself or herself or to
11 another person;
12 (c) is in need of detainment to ensure his or her safety or the safety
13 of another person or to facilitate the youth's detoxification and
14 stabilization; and
15 (d) should be examined by a credentialed alcoholism and substance
16 abuse counselor to determine whether or not the youth should be admitted
17 to a detoxification facility or receive detoxification and stabilization
18 services.
19 3. If the judge is satisfied on reasonable grounds that the youth
20 named in the petition should be examined by a credentialed alcoholism
21 and substance abuse counselor to determine whether or not the youth
22 should be admitted to a detoxification facility or receive detoxifica-
23 tion and stabilization services, that judge may, after making arrange-
24 ments with a credentialed alcoholism and substance abuse counselor who
25 is to conduct the examination, issue a warrant in the prescribed form
26 to:
27 (a) apprehend the youth named in the warrant; and
28 (b) cause the youth to be taken to the credentialed alcoholism and
29 substance abuse counselor where the youth may be detained and may be
30 examined by that credentialed alcoholism and substance abuse counselor.
31 4. No person shall falsely swear or affirm any information pursuant to
32 this section.
33 5. A warrant issued pursuant to subdivision three of this section
34 shall be accompanied by written reasons for its issuance.
35 6. A copy of a warrant issued pursuant to subdivision three of this
36 section and the written reasons are to be provided to the credentialed
37 alcoholism and substance abuse counselor who examines the youth.
38 7. If an approved applicant so requests, the warrant may be directed
39 to and executed by that approved applicant.
40 8. If the warrant is not directed to an approved applicant pursuant to
41 subdivision seven of this section the warrant must be directed to and
42 executed by a police officer.
43 9. Every assessed youth:
44 (a) shall be informed of the reason for his or her apprehension or
45 detention; and
46 (b) is entitled to receive a copy of the order pursuant to which he or
47 she has been apprehended or detained.
48 10. A credentialed alcoholism and substance abuse counselor shall
49 examine the assessed youth:
50 (a) as soon as is reasonably practicable; and
51 (b) in all cases within twenty-four hours of the youth's apprehension.
52 11. No youth shall be apprehended pursuant to a warrant issued pursu-
53 ant to subdivision three of this section more than seven days after the
54 date on which the warrant was issued.
55 12. After an examination by a credentialed alcoholism and substance
56 abuse counselor, all or any of the following may be done:
A. 9523--B 3
1 (a) an arrangement for detoxification and stabilization services may
2 be made by a youth;
3 (b) a detoxification order may be issued pursuant to subdivision thir-
4 teen of this section with respect to the assessed youth.
5 13. (a) After conducting an examination of an assessed youth for the
6 purposes of this section and if there is no voluntary arrangement made
7 by the assessed youth, a credentialed alcoholism and substance abuse
8 counselor may recommend the court issue a detoxification order to detain
9 the assessed youth in a detoxification facility.
10 (b) A detoxification order may be issued only if the credentialed
11 alcoholism and substance abuse counselor is of the opinion that the
12 assessed youth:
13 (i) is suffering from drug addiction or drug abuse and requires
14 detention to facilitate detoxification and stabilization;
15 (ii) is likely to cause harm to himself or herself or to other
16 persons, or to suffer substantial mental or physical deterioration, if
17 he or she is not detained in a detoxification facility; and
18 (iii) is either:
19 (1) unable to fully understand and to make an informed decision
20 respecting his or her need to detoxify or stabilize; or
21 (2) unable or unwilling to take steps to begin recovery from drug
22 addiction or drug abuse or to reduce the risk of harm to himself or
23 herself or other persons;
24 14. (a) An assessed youth, or a person on behalf of an assessed youth,
25 may appeal the decision of the court issuing the warrant pursuant to
26 subdivision three of this section or the detoxification order issued by
27 the credentialed alcoholism and substance abuse counselor within seven
28 days after the date of the decision or within any longer period that the
29 judge may allow.
30 (b) An appeal pursuant to this section may be made by notice of
31 motion, and the notice of motion is to be served on:
32 (i) the court;
33 (ii) the person in charge of a detoxification facility in which the
34 assessed youth is detained; and
35 (iii) any other persons that the judge may direct.
36 (c) An appeal pursuant to this section is to be supported by an affi-
37 davit of the appellant setting forth fully the facts in support of the
38 appeal.
39 (d) In addition to the evidence adduced by the appellant, the judge
40 may direct any further evidence to be given that the judge considers
41 necessary.
42 (e) The judge may confirm or reverse the decision to issue a warrant
43 or the detoxification order recommended by the credentialed alcoholism
44 and substance abuse counselor and may make any order that the judge
45 considers necessary to give effect to the judge's decision.
46 § 3. Subparagraph (A) of paragraph 5 of subsection (l) of section 3221
47 of the insurance law, as amended by chapter 502 of the laws of 2007, is
48 amended to read as follows:
49 (A) Every insurer delivering a group or school blanket policy or issu-
50 ing a group or school blanket policy for delivery, in this state, which
51 provides coverage for inpatient hospital care or coverage for physician
52 services shall provide as part of such policy broad-based coverage for
53 the diagnosis and treatment of mental, nervous or emotional disorders or
54 ailments, however defined in such policy, at least equal to the coverage
55 provided for other health conditions and:
A. 9523--B 4
1 (i) where the policy provides coverage for inpatient hospital care,
2 benefits for inpatient care in a hospital as defined by subdivision ten
3 of section 1.03 of the mental hygiene law, which benefits may be limited
4 to not less than thirty days of active treatment in any contract year,
5 plan year or calendar year, and benefits for outpatient care provided in
6 a facility issued an operating certificate by the commissioner of mental
7 health pursuant to the provisions of article thirty-one of the mental
8 hygiene law, or in a facility operated by the office of mental health,
9 which benefits may be limited to not less than twenty visits in any
10 contract year, plan year or calendar year. Benefits for partial hospi-
11 talization program services shall be provided as an offset to covered
12 inpatient days at a ratio of two partial hospitalization visits to one
13 inpatient day of treatment. Benefits regarding detoxification and reha-
14 bilitation care and treatment of chemical abuse and chemical dependence
15 shall be provided in accordance with paragraph six of this subsection.
16 (ii) where the policy provides coverage for physician services, it
17 shall include benefits for outpatient care provided by a psychiatrist or
18 psychologist licensed to practice in this state, a licensed clinical
19 social worker who meets the requirements of subparagraph (D) of para-
20 graph four of this subsection, or a professional corporation or univer-
21 sity faculty practice corporation thereof[. Such benefits may be limited
22 to not less than twenty visits in any contract year, plan year, or
23 calendar year]; provided, however, that benefits regarding detoxifica-
24 tion and rehabilitation care and treatment of chemical abuse and chemi-
25 cal dependence shall be provided in accordance with paragraph six of
26 this subsection.
27 (iii) Coverage required by this paragraph may be provided on a
28 contract year, plan year or calendar year basis and shall be consistent
29 with the provision of other benefits under the policy. Such coverage may
30 be subject to annual deductibles, co-pays and coinsurance as may be
31 deemed appropriate by the superintendent and shall be consistent with
32 those imposed on other benefits under the policy. In the event that a
33 policy provides coverage for both inpatient hospital care and physician
34 services, the aggregate of the benefits for outpatient care obtained
35 under this paragraph may be limited to not less than twenty visits in
36 any contract year, plan year or calendar year.
37 [(iv) In this paragraph, "active treatment" means treatment furnished
38 in conjunction with inpatient confinement for mental, nervous or
39 emotional disorders or ailments that meet standards prescribed pursuant
40 to the regulations of the commissioner of mental health.]
41 § 4. Paragraphs 6 and 7 of subsection (l) of section 3221 of the
42 insurance law, paragraph 6 as amended by chapter 558 of the laws of 1999
43 and paragraph 7 as amended by chapter 565 of the laws of 2000, are
44 amended to read as follows:
45 (6) (A) Every insurer delivering a group or school blanket policy or
46 issuing a group or school blanket policy for delivery, in this state,
47 which provides coverage for inpatient hospital care [must make available
48 and, if requested by the policyholder,] shall provide as part of such
49 policy coverage for the diagnosis and treatment of chemical abuse and
50 chemical dependence, however defined in such policy, provided, however,
51 that the term chemical abuse shall mean and include alcohol and
52 substance abuse and chemical dependence shall mean and include alcohol-
53 ism and substance dependence, however defined in such policy. Written
54 notice of the availability of such coverage shall be delivered to the
55 policyholder prior to inception of such group policy and annually there-
56 after, except that this notice shall not be required where a policy
A. 9523--B 5
1 covers two hundred or more employees or where the benefit structure was
2 the subject of collective bargaining affecting persons who are employed
3 in more than one state.
4 (B) Such coverage shall be at least equal to [the following] coverage
5 provided for other health conditions and shall include:
6 (i) [with respect to] benefits for detoxification as a consequence of
7 chemical dependence, inpatient benefits in a hospital or a detoxifica-
8 tion facility [may not be limited to less than seven days of active
9 treatment in any calendar year]; and
10 (ii) [with respect to] benefits for rehabilitation services, [such
11 benefits may not be limited to less than thirty days of] and inpatient
12 care in [any calendar year] a hospital or rehabilitation facility.
13 (C) Such coverage may be limited to facilities in New York state which
14 are certified by the office of alcoholism and substance abuse services
15 and, in other states, to those which are accredited by the joint commis-
16 sion on accreditation of hospitals as alcoholism, substance abuse or
17 chemical dependence treatment programs.
18 (D) Such coverage shall be [made available] provided at the inception
19 of all new policies and with respect to all other policies at any anni-
20 versary date of the policy [subject to evidence of insurability].
21 (E) Such coverage may be subject to annual deductibles and co-insu-
22 rance as may be deemed appropriate by the superintendent and are
23 consistent with those imposed on other benefits within a given policy.
24 [Further, each insurer shall report to the superintendent each year the
25 number of contract holders to whom it has issued policies for the inpa-
26 tient treatment of chemical dependence, and the approximate number of
27 persons covered by such policies.]
28 (F) Such coverage shall not replace, restrict or eliminate existing
29 coverage provided by the policy.
30 (7) Every insurer delivering a group or school blanket policy or issu-
31 ing a group or school blanket policy for delivery in this state which
32 provides coverage for inpatient hospital care [must] shall provide as
33 part of such policy, coverage for [at least sixty] outpatient [visits in
34 any calendar year] care for the diagnosis and treatment of chemical
35 dependence [of which up to twenty may be for family members, except
36 that] at best equal to the coverage provided for other health condi-
37 tions. However, this provision shall not apply to a policy which covers
38 persons employed in more than one state or the benefit structure of
39 which was the subject of collective bargaining affecting persons who are
40 employed in more than one state. Such coverage may be limited to facili-
41 ties in New York state certified by the office of alcoholism and
42 substance abuse services or licensed by such office as outpatient clin-
43 ics or medically supervised ambulatory substance abuse programs and, in
44 other states, to those which are accredited by the joint commission on
45 accreditation of hospitals as alcoholism or chemical dependence treat-
46 ment programs. Such coverage may be subject to annual deductibles and
47 co-insurance as may be deemed appropriate by the superintendent and are
48 consistent with those imposed on other benefits within a given policy.
49 Such coverage shall not replace, restrict, or eliminate existing cover-
50 age provided by the policy. Except as otherwise provided in the applica-
51 ble policy or contract, no insurer delivering a group or school blanket
52 policy or issuing a group or school blanket policy providing coverage
53 for alcoholism or substance abuse services pursuant to this section
54 shall deny coverage to a family member who identifies themself as a
55 family member of a person suffering from the disease of alcoholism,
56 substance abuse or chemical dependency and who seeks treatment as a
A. 9523--B 6
1 family member who is otherwise covered by the applicable policy or
2 contract pursuant to this section. The coverage required by this para-
3 graph shall include treatment as a family member pursuant to such family
4 members' own policy or contract provided such family member [(i) does
5 not exceed the allowable number of family visits provided by the appli-
6 cable policy or contract pursuant to this section, and (ii)] is other-
7 wise entitled to coverage pursuant to this section and such family
8 members' applicable policy or contract.
9 § 5. Paragraphs 18 and 19 of subsection (b) of section 4322 of the
10 insurance law, as added by chapter 504 of the laws of 1995, are amended
11 to read as follows:
12 (18) Inpatient diagnosis and treatment of alcoholism and alcohol abuse
13 and substance abuse and [substance] chemical dependence [up to thirty
14 days per calendar year] and for detoxification [combined with inpatient
15 treatment of mental, nervous or emotional disorders or ailments].
16 (19) Outpatient diagnosis and treatment of mental, nervous or
17 emotional disorders or ailments [up to thirty non-emergency and three
18 emergency visits per calendar year] and disorders of alcoholism and
19 alcohol abuse and substance abuse and chemical dependence.
20 § 6. Severability. If any clause, sentence, paragraph, section or part
21 of any provision of this act be adjudged by any court of competent
22 jurisdiction to be invalid, such judgment shall not affect, impair or
23 invalidate the remainder thereof, but shall be confined in its operation
24 to the clause, sentence, paragraph, section or part of the provision
25 directly involved in the controversy in which such judgment shall have
26 been rendered.
27 § 7. This act shall take effect on the first of January next succeed-
28 ing the date on which it shall have become a law; provided, however,
29 that this act shall apply to all policies and contracts issued, renewed,
30 modified, altered or amended on or after such effective date; and
31 provided further, however, that any rules and regulations necessary for
32 the implementation of the provisions of this act on its effective date
33 are authorized and directed to be promulgated on or before such date.
