Amd Fam Ct Act, generally; amd SS19.15 & 19.07, Ment Hyg L; amd SS3221, 4322 & 4303, Ins L; amd S212, Judy 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11273A
SPONSOR: Lavine TITLE OF BILL: An act to amend the family court act, in relation to
youth drug and alcohol detoxification; to amend the mental hygiene law,
in relation to reports on chemical dependence; to amend the insurance
law, in relation to providing benefits for treatment of chemical depend-
ency in certain health insurance plans; and to amend the judiciary law,
in relation to adopting rules for independent alcoholism and substance
abuse counselors
PURPOSE: To create Denise's law, to allow parts to bring a motion
under PINS to have their child put into alcohol or substance abuse
treatment. This legislation also would require insurers to cover the
costs for such treatment.
SUMMARY OF PROVISIONS: Section 1 cites this act as Denise's Law.
Section 2 states that where the court issues an emergency order for
inpatient detoxification such services shall be provided in a non-secure
facility certified or licensed by the OASAS to provide services for
children under the age of 18.
Section 3 allows a petition to requests that the court order an emergen-
cy order for the respondent to receive immediate in-patient detoxifica-
tion services.
Section 4 states that only a parent or other person legally responsible
for the child can bring a proceeding.
Section 5 allows the clerk of the court to accept a petition if it
includes a request that the court issue an emergency order for the
respondent to receive immediate in-patient detoxification services.
Section 6 contains provisions for where a petition is filed for immedi-
ate inpatient detoxification. If the respondent is found to have met
necessary measures they shall be referred for an immediate assessment by
an independent certified alcohol or substance abuse counselor. Upon the
completion of this assessment the court shall hold a hearing and the
counselor shall make a report and determination which includes: whether
the respondent appeared to be incapacitated at the time of assessment
due to a chemical dependence, whether such individual is likely to harm
the respondent or others unless they receive emergency detoxification
services. The counselor may also recommend that services be provided in
an in-patient facility. Upon conclusion allows the court to order such
necessary services.
Section 7 Allows at the initial appearance of the respondent allows for
additional diversion attempts following emergency in-patient or out-pa-
tient treatment.
Section 8 contains provisions relating to sequence of hearings.
Section 9 Allows the court as a condition of adjournment in contem-
plation of dismissal require the respondent to cooperate with a treat-
ment program for chemical dependence licensed or approved by OASAS.
Further establishes that a determination that the respondent is in need
of treatment the court shall adjourn for a diagnostic assessment and
evaluation by an independent certified alcohol and substance abuse coun-
selor. The counselor will make a report including recommendations and
facts whether the respondent is in need of treatment, for what substance
or substances, whether in-patient or out-patient is recommended as well
as other information.
Section 10 deals with chemical dependence evaluations.
Section 11 Where the court has determined that the respondent is in need
of treatment the court may direct that the respondent cooperate with a
program for treatment of chemical dependence which may include in-pa-
tient, or outpatient care. Further contains provisions dealing with the
selection of a program for chemical dependence.
Section 12 includes children who are subject to these detoxification
proceedings in a report of analysis of this program.
Section 13 Includes training in the treatment and diagnosis of youth
suffering from alcohol and/or substance abuse and/or chemical dependence
in what constitutes minimum qualifications for counselors.
Section 14 Requires that insurance coverage for treatment be provided at
the inception of new policies. Further requires up to sixty outpatient
visits in any calendar year as well as care for the diagnosis and treat-
ment of chemical dependence. Further requires that each policy delivered
shall provide coverage for inpatient hospital care, shall provide as
part of such policy coverage for the diagnosis and treatment of chemical
abuse and chemical dependence for individuals age nineteen and under
when ordered by a court pursuant to Denise's Law.
Section 15 Includes further requirements for inpatient and outpatient
diagnosis and treatment of chemical dependence.
Section 16 continues provisions requiring the coverage of chemical and
substance abuse treatment.
Section 17 Allows the courts to adopt rules in relation to independent
alcohol and substance abuse counselors.
Section 18 is Severability
Section 19 is the effective date.
JUSTIFICATION: On July 16, 2008 Denise M. Gerardi passed away of an
accidental 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 throughout New York. Sachem High School East has formed
a committee to look into ways to prevent the tragic loss of life so that
other families can help prevent future tragedies from occurring. Drug
addiction amongst youths is a grave concern to all. All parents feel
helpless and often do not know what to do with facing this situation.
Under current law a youth can fight and refuse any attempts at help.
This legislation allows parents to take control of the situation and get
the help for the children that is sorely needed. This legislation allows
a parent to petition the court to have their child assessed by a creden-
tialed alcoholism and substance abuse counselor to determine whether or
not detoxification would assist in helping the youth fight their drug
addiction. Further this bill allows the courts where possible to place a
child with a participating provider as long as doing so is consistent
with the best interest of the child.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPACT ON THE STATE: To he determined.
EFFECTIVE DATE: This act shall take on the 120th day.
STATE OF NEW YORK
________________________________________________________________________
11273--A
IN ASSEMBLY
May 25, 2010
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Insurance -- reference changed to the Committee on Judiciary --
committee discharged, bill amended, 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; to amend the mental hygiene law, in relation
to reports on chemical dependence; to amend the insurance law, in
relation to providing benefits for treatment of chemical dependency in
certain health insurance plans; and to amend the judiciary law, in
relation to adopting rules for independent alcoholism and substance
abuse counselors
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. Subdivisions 3 and 4 of section 720 of the family court act,
3 subdivision 3 as amended and subdivision 4 as added by chapter 419 of
4 the laws of 1987, are amended and a new subdivision 6 is added to read
5 as follows:
6 3. Detention of a person alleged to be or adjudicated as a person in
7 need of supervision shall be authorized only in a detention facility
8 certified by the [division for youth] office of children and family
9 services except as provided in [subdivision] subdivisions four and six
10 of this section.
11 4. Whenever detention is authorized and ordered pursuant to this arti-
12 cle, other than in accordance with subdivision six of this section, for
13 a person alleged to be or adjudicated as a person in need of super-
14 vision, a family court in a city having a population of one million or
15 more shall, notwithstanding any other provision of law, direct detention
16 in a foster care facility established and maintained pursuant to the
17 social services law. In all other respects, the detention of such a
18 person in a foster care facility shall be subject to the identical terms
19 and conditions for detention as are set forth in this article and in
20 section two hundred thirty-five of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17292-08-0
A. 11273--A 2
1 6. Where the court issues an emergency order for in-patient detoxifi-
2 cation services for chemical dependence pursuant to section seven
3 hundred thirty-nine of this article, such services shall be provided in
4 a non-secure facility certified or licensed by the state office of alco-
5 holism and substance abuse services to provide such services to chemi-
6 cally dependent juveniles under the age of eighteen in accordance with
7 article nineteen of the mental hygiene law.
8 § 3. Section 732 of the family court act is amended by adding a new
9 closing paragraph to read as follows:
10 A petition hereunder may include a request that the court issue an
11 emergency order for the respondent to receive immediate in-patient
12 detoxification services for chemical dependence pursuant to section
13 seven hundred thirty-nine of this part.
14 § 4. Subdivisions (d) and (e) of section 733 of the family court act,
15 subdivision (d) as amended by chapter 920 of the laws of 1982 and subdi-
16 vision (e) as amended by chapter 398 of the laws of 1983, are amended
17 and a new subdivision (f) is added to read as follows:
18 (d) the recognized agents of any duly authorized agency, association,
19 society or institution; [or]
20 (e) the presentment agency that consented to substitute a petition
21 alleging the person is in need of supervision for a petition alleging,
22 that the person is a juvenile delinquent pursuant to section 311.4[.];
23 or
24 (f) in a proceeding that seeks a determination that the respondent is
25 in need of treatment for chemical dependence, only a parent or other
26 person legally responsible for the care of such respondent.
27 § 5. Subdivision (g) of section 735 of the family court act, as added
28 by section 7 of part E of chapter 57 of the laws of 2005, is amended to
29 read as follows:
30 (g) (i) The designated lead agency shall promptly give written notice
31 to the potential petitioner whenever attempts to prevent the filing of a
32 petition have terminated, and shall indicate in such notice whether
33 efforts were successful. The notice shall also detail the diligent
34 attempts made to divert the case if a determination has been made that
35 there is no substantial likelihood that the youth will benefit from
36 further attempts. No persons in need of supervision petition may be
37 filed pursuant to this article during the period the designated lead
38 agency is providing diversion services. A finding by the designated lead
39 agency that the case has been successfully diverted shall constitute
40 presumptive evidence that the underlying allegations have been success-
41 fully resolved in any petition based upon the same factual allegations.
42 No petition may be filed pursuant to this article by the parent or other
43 person legally responsible for the youth where diversion services have
44 been terminated because of the failure of the parent or other person
45 legally responsible for the youth to consent to or actively participate.
46 (ii) [The] Except as provided in paragraph (iii) of this subdivision,
47 the clerk of the court shall accept a petition for filing only if it has
48 attached thereto the following notices:
49 (A) if the potential petitioner is the parent or other person legally
50 responsible for the youth, a notice from the designated lead agency
51 indicating there is no bar to the filing of the petition as the poten-
52 tial petitioner consented to and actively participated in diversion
53 services; and
54 (B) a notice from the designated lead agency stating that it has
55 terminated diversion services because it has determined that there is no
56 substantial likelihood that the youth and his or her family will benefit
A. 11273--A 3
1 from further attempts, and that the case has not been successfully
2 diverted.
3 (iii) The clerk of the court shall accept a petition for filing if it
4 includes a request that the court issue an emergency order for the
5 potential respondent to receive immediate in-patient detoxification
6 services for chemical dependence pursuant to section seven hundred thir-
7 ty-nine of this part.
8 § 6. Section 739 of the family court act is amended by adding a new
9 subdivision (d) to read as follows:
10 (d)(i) Where a petition has been filed under section seven hundred
11 thirty-two of this part and such petition requests issuance of an emer-
12 gency order for the potential respondent to receive immediate in-patient
13 detoxification services for chemical dependence, the court, if it finds
14 on the basis of sworn testimony by the respondent's parent or other
15 person legally responsible for his or her care and/or any other evidence
16 that the respondent may be incapacitated by a chemical substance or
17 substances to the degree that there is a likelihood of harm to him or
18 her, or to others, shall refer the respondent for an immediate assess-
19 ment by an independent certified alcoholism or substance abuse counse-
20 lor, as defined by subdivision (d) of section 19.07 of the mental
21 hygiene law, who has had training or experience in treatment and diagno-
22 sis of chemical dependence in juveniles under the age of eighteen. Such
23 counselor shall be an employee of state or local government and may not
24 be employed by, or have financial or other interests in, any chemical
25 dependence detoxification or treatment program that provides care or
26 services to juveniles under this article; except that a counselor may be
27 employed by such a program, provided that he or she has no other finan-
28 cial interest therein, where the court determines in a manner not incon-
29 sistent with rules of the chief administrator of the courts, promulgated
30 pursuant to paragraph (s) of subdivision two of section two hundred
31 twelve of the judiciary law, that there is no otherwise available coun-
32 selor who does not have any financial interest in such program.
33 (ii) Upon the completion of such assessment, the court shall hold a
34 hearing at which the independent certified alcoholism or substance abuse
35 counselor shall testify and make his or her report to the court, which
36 shall include a determination as to the following:
37 (A) whether the respondent appeared to be incapacitated at the time of
38 the assessment by reason of a dependence upon a named chemical substance
39 or substances;
40 (B) whether, on account of such incapacitation, there is a likelihood
41 of harm to the respondent or to others unless the respondent receives
42 emergency detoxification services for such chemical dependence; and, if
43 he or she determines there is such a likelihood, the counselor shall
44 recommend the level of care required for such services, whether or not
45 such services must be provided in an in-patient facility providing full-
46 time medical supervision and any other factors of which the court should
47 take account in making its order hereunder;
48 (C) if the counselor recommends that services be provided in an in-pa-
49 tient facility, whether there is such a facility in the county in which
50 the court is located that meets the criteria specified in subdivision
51 six of section seven hundred twenty of this article and that is avail-
52 able and willing to accept the respondent for immediate services;
53 provided that for purposes of subparagraph (D) of this paragraph, coun-
54 ties comprising a city with a population of one million or more shall be
55 treated as a single county; and
A. 11273--A 4
1 (D) if the counselor recommends that services be provided in an in-pa-
2 tient facility, and reports that there is no facility in the county in
3 which the court is located that meets the criteria specified in subdivi-
4 sion six of section seven hundred twenty of this article and that is
5 available and willing to accept the respondent for immediate services,
6 the counselor shall report to the court on whether a facility is avail-
7 able and willing to accept the respondent within this state in the
8 following order of precedence:
9 (1) a facility in another county contiguous to such county;
10 (2) a facility in another county served by the field office of the
11 office of alcoholism and substance abuse services serving such county;
12 or
13 (3) a facility in any other county.
14 (iii) The counselor shall be subject to cross examination at the hear-
15 ing held pursuant to paragraph (ii) of this subdivision.
16 (iv) Following the hearing held pursuant to paragraph (ii) of this
17 subdivision and upon a finding of facts and reasons that respondent
18 requires emergency detoxification services for a chemical dependence on
19 an in-patient basis, the court shall order such services, unless the
20 respondent, upon consultation with his or her attorney, agrees to accept
21 such services voluntarily in accordance with section 22.11 of the mental
22 hygiene law. Whether emergency detoxification services are ordered by
23 the court or accepted voluntarily by the respondent, and regardless of
24 the basis upon which such services are to be provided, the court shall
25 adjourn the proceeding for not more than three days. The court may
26 advance the matter upon application by the facility or program providing
27 such services or by any party.
28 (v) Notwithstanding the provisions of paragraph (iv) of this subdivi-
29 sion, a court shall not order emergency detoxification services here-
30 under unless, in its finding of facts and reasons, it complies with
31 subdivisions (a) and (c) of this section.
32 § 7. Subdivision (b) of section 742 of the family court act, as
33 amended by section 9 of part E of chapter 57 of the laws of 2005, is
34 amended to read as follows:
35 (b) At the initial appearance of the respondent, the court shall
36 review any termination of diversion services pursuant to such section,
37 and the documentation of diligent attempts to provide appropriate
38 services and determine whether such efforts or services provided are
39 sufficient [and]. The court may, at any time, subject to the provisions
40 of section seven hundred forty-eight of this [article] part, order that
41 additional diversion attempts be undertaken by the designated lead agen-
42 cy, including, but not limited to, upon the respondent's appearance in
43 court following the provision of emergency in-patient or out-patient
44 detoxification services for chemical dependence in accordance with
45 section seven hundred thirty-nine of this article. The court may order
46 the youth and the parent or other person legally responsible for the
47 youth to participate in diversion services. If the designated lead agen-
48 cy thereafter determines that [the] a case referred for diversion
49 efforts under this section has been successfully resolved, it shall so
50 notify the court, and the court shall dismiss the petition.
51 § 8. Section 746 of the family court act, as amended by chapter 920 of
52 the laws of 1982, is amended to read as follows:
53 § 746. Sequence of hearings. Upon completion of the fact-finding hear-
54 ing the dispositional hearing may commence immediately after the
55 required findings are made, provided, however, that in any case in which
56 (i) the discharge plan from any program or facility in which the
A. 11273--A 5
1 respondent received emergency detoxification services pursuant to
2 section seven hundred thirty-nine of this article recommends treatment
3 for chemical dependence, and (ii) the fact-finding includes a determi-
4 nation by the court that the respondent is beyond the control of the
5 parent or guardian by reason of such chemical dependence, the disposi-
6 tional hearing shall be adjourned pending completion of a probation
7 investigation, diagnostic assessment and chemical dependence evaluation.
8 § 9. Subdivisions (a) and (b) of section 749 of the family court act,
9 subdivision (a) as amended by chapter 237 of the laws of 1991 and subdi-
10 vision (b) as amended by chapter 806 of the laws of 1973, are amended to
11 read as follows:
12 (a) Upon or after a fact-finding hearing, the court may, upon its own
13 motion or upon a motion of a party to the proceeding, order that the
14 proceeding be "adjourned in contemplation of dismissal".
15 (i) An adjournment in contemplation of dismissal is an adjournment of
16 the proceeding, for a period not to exceed six months with a view to
17 ultimate dismissal of the petition in furtherance of justice. Upon issu-
18 ing such an order, upon such permissible terms and conditions as the
19 rules of court shall define, the court must release the [individual]
20 respondent, except as provided by paragraph (ii) of this subdivision.
21 (ii) The court may, as a condition of an adjournment in contemplation
22 of dismissal order, in cases where the record, including, but not limit-
23 ed to, the discharge plan from a detoxification program or facility in
24 which the respondent received services in accordance with section seven
25 hundred thirty-nine of this article, establishes that the respondent is
26 in need of treatment for chemical dependence, require the respondent to
27 cooperate with a treatment program for chemical dependence licensed or
28 approved by the office of alcoholism and substance abuse services for
29 the treatment of juveniles under the age of eighteen in accordance with
30 article nineteen of the mental hygiene law.
31 (iii) The court may, as a condition of an adjournment in contemplation
32 of dismissal order, in cases where the record indicates that the
33 consumption of alcohol may have been a contributing factor, require the
34 respondent to attend and complete an alcohol awareness program estab-
35 lished pursuant to [paragraph six-a of subdivision (a) of] section
36 [19.07] 19.15 of the mental hygiene law.
37 (iv) Upon application of the petitioner, or upon the court's own
38 motion, made at any time during the duration of the order, the court may
39 restore the matter to the calendar. If the proceeding is not so
40 restored, the petition is at the expiration of the order, deemed to have
41 been dismissed by the court in furtherance of justice.
42 (b) On its own motion, the court may adjourn the proceedings on
43 conclusion of a fact-finding hearing or during a dispositional hearing
44 to enable it to make inquiry into the surroundings, conditions and
45 capacities of the respondent.
46 (i) Where the establishment of the allegations in the petition, either
47 upon a fact-finding hearing or upon entry of an admission of a respond-
48 ent, includes a determination that the respondent is in need of treat-
49 ment for chemical dependence, the court shall adjourn the proceedings
50 for a diagnostic assessment and evaluation by an independent certified
51 alcoholism and substance abuse counselor as defined in subdivision (d)
52 of section 19.07 of the mental hygiene law, who has had training or
53 experience in treatment and diagnosis of chemical dependence in juve-
54 niles under the age of eighteen. Such counselor shall be an employee of
55 state or local government and may not be employed by, or have any other
56 financial interest in, any chemical dependency detoxification or treat-
A. 11273--A 6
1 ment program that provides care of services to juveniles under this
2 article; except that a counselor may be employed by such a program,
3 provided that he or she has no other financial interest therein, where
4 the court determines in a manner not inconsistent with rules of the
5 chief administrator of the courts, promulgated pursuant to paragraph (s)
6 of subdivision two of section two hundred twelve of the judiciary law,
7 that there is no otherwise available counselor who does not have any
8 financial interest in such program.
9 (A) Such counselor shall make a report, including recommendations and
10 the facts in support thereof, regarding whether the respondent is in
11 need of treatment for chemical dependence; if so, for what substance or
12 substances and under what level of care; whether out-patient or in-pa-
13 tient; and if treatment is recommended, whether there is a program or
14 facility in the county in which the court is located that is available,
15 that is willing to accept the respondent and is certified or licensed by
16 the state office of alcoholism and substance abuse services to provide
17 such services to chemically dependent juveniles under the age of eigh-
18 teen in accordance with article nineteen of the mental hygiene law;
19 provided, that for the purposes of this subparagraph and subparagraph
20 (B) of this paragraph, counties comprising a city with a population of
21 one million or more shall be treated as a single county.
22 (B) If the counselor reports that there is no facility within the
23 county in which the court specified in subparagraph (A) of this para-
24 graph that is available and willing to accept the respondent, then the
25 counselor shall report to the court on whether a facility is available
26 and willing to accept the respondent within this state in the following
27 order of precedence:
28 (1) a facility in another county contiguous to such county;
29 (2) a facility in another county served by the field office of the
30 office of alcoholism and substance abuse services serving such county;
31 or
32 (3) a facility in any other county.
33 (ii) An adjournment [on the court's motion] may not be for a period of
34 more than ten days if the respondent is detained, in which case not more
35 than a total of two such adjournments may be granted in the absence of
36 special circumstances. If the respondent is not detained, an adjournment
37 may be for a reasonable time, but the total number of adjourned days may
38 not exceed two months.
39 § 10. The section heading and subdivision 2 of section 750 of the
40 family court act, the section heading as added by chapter 878 of the
41 laws of 1976 and subdivision 2 as amended by chapter 41 of the laws of
42 2010, are amended to read as follows:
43 Probation reports; probation investigation [and], diagnostic assess-
44 ment and chemical dependence evaluation.
45 2. After the completion of the fact-finding hearing and the making of
46 the required findings and prior to the dispositional hearing, the
47 reports or memoranda prepared or obtained by the probation service and
48 furnished to the court shall be made available by the court for examina-
49 tion and copying by the child's counsel or by the respondent if he or
50 she is not represented by counsel. All diagnostic assessments, chemical
51 dependence evaluations and probation investigation reports shall be
52 submitted to the court at least five court days prior to the commence-
53 ment of the dispositional hearing. In its discretion the court may
54 except from disclosure a part or parts of the reports or memoranda which
55 are not relevant to a proper disposition, or sources of information
56 which have been obtained on a promise of confidentiality, or any other
A. 11273--A 7
1 portion thereof, disclosure of which would not be in the interest of
2 justice. In all cases where a part or parts of the reports or memoranda
3 are not disclosed, the court shall state for the record that a part or
4 parts of the reports or memoranda have been excepted and the reasons for
5 its action. The action of the court excepting information from disclo-
6 sure shall be subject to review on any appeal from the order of disposi-
7 tion. If such reports or memoranda are made available to the respondent
8 or his or her counsel, they shall also be made available to the counsel
9 presenting the petition pursuant to section two hundred fifty-four of
10 this chapter and, in the court's discretion, to any other attorney
11 representing the petitioner.
12 § 11. Section 754 of the family court act is amended by adding a new
13 subdivision 3 to read as follows:
14 3. (a) Where the court has determined, based upon the testimony and
15 report of the certified alcoholism and substance abuse counselor who
16 evaluated the respondent in accordance with subdivision (b) of section
17 seven hundred forty-nine of this article and other evidence adduced,
18 that respondent is in need of treatment for chemical dependence, the
19 court may direct, as a condition of an order under paragraph (b), (c) or
20 (d) of subdivision one of this section, that the respondent cooperate
21 with a program of treatment for chemical dependence. Such program, which
22 may include in-patient, as well as out-patient, care, depending upon the
23 level of care determined to be required by respondent, must be certified
24 or licensed by the state office of alcoholism and substance abuse
25 services to provide such services to chemically dependent juveniles
26 under the age of eighteen in accordance with article nineteen of the
27 mental hygiene law.
28 (b)(i) In selecting a program for chemical dependence pursuant to this
29 section, the court shall consider the report of the independent alcohol-
30 ism and substance abuse counselor pursuant to paragraph (b) of section
31 seven hundred forty-nine of this article. Except as otherwise provided
32 in subparagraphs (ii) and (iii) of this paragraph, the court shall
33 select a program within the county in which the court is located;
34 provided that for purposes of this subparagraph, counties comprising a
35 city with a population of one million or more shall be treated as a
36 single county.
37 (ii) If such report finds that there is no facility within the county
38 specified in subparagraph (i) of this paragraph that is available and
39 willing to accept the respondent, then the court may select another
40 facility within this state in the following order of precedence:
41 (A) a facility in another county contiguous to such county;
42 (B) a facility in another county served by the field office of the
43 office of alcoholism and substance abuse services serving such county;
44 or
45 (C) a facility in any other county.
46 (iii) Notwithstanding any contrary provision of this paragraph, if the
47 report determines that the respondent may have one or more co-occurring
48 disorders, including but not limited to a mental health disorder, and
49 that there is a facility dually licensed by the office of alcoholism and
50 substance abuse services and another state office or agency, which
51 facility is available and willing to accept the respondent and can
52 provide both chemical dependence treatment services and services appro-
53 priate to such co-occurring disorder or disorders, then the court may
54 select such program; provided, that the court shall make reasonable
55 efforts to select the program located most proximate to the county in
56 which such court is located.
A. 11273--A 8
1 (c) Where an order for chemical dependence treatment has been entered
2 pursuant to this paragraph, the program shall submit a written report on
3 the respondent's progress not more than every sixty days during the
4 period of disposition to the court, the respondent's attorney and peti-
5 tioner.
6 § 12. Paragraph 2 of subdivision (f) of section 19.15 of the mental
7 hygiene law, as amended by chapter 524 of the laws of 2005, is amended
8 to read as follows:
9 (2) The office shall on or before the first day of April in each year
10 file a written report with the governor, the temporary president of the
11 senate and the speaker of the assembly summarizing the results of any
12 special system or program directed at the special needs of women and
13 children affected by alcoholism, alcohol abuse, substance abuse,
14 substance dependence, or chemical dependence, including children who are
15 the subjects of proceedings under article seven of the family court act
16 and who are ordered into detoxification and treatment programs for chem-
17 ical dependence. Such report shall include but not be limited to a
18 statistical analysis of the effectiveness of such programs initiated by
19 the office together with suggested legislation deemed necessary or prop-
20 er for the implementation of new programs or future success and develop-
21 ment of existing programs.
22 § 13. Paragraphs 1 and 2 of subdivision (d) of section 19.07 of the
23 mental hygiene law, as amended by section 5 of part I of chapter 58 of
24 the laws of 2005, are amended to read as follows:
25 (1) The office shall establish minimum qualifications for counselors
26 in all phases of delivery of services to persons and their families who
27 are suffering from alcohol and/or substance abuse and/or chemical
28 dependence and/or compulsive gambling that shall include, but not be
29 limited to, completion of approved courses of study or equivalent
30 on-the-job experience in alcoholism and substance abuse counseling
31 and/or counseling of compulsive gambling. Such courses or experiences
32 shall include training in the treatment and diagnosis of youth suffering
33 from alcohol and/or substance abuse and/or chemical dependence.
34 (i) The office shall establish procedures for issuing, directly or
35 through contract, credentials to counselors who meet minimum qualifica-
36 tions, including the establishment of appropriate fees, and shall
37 further establish procedures to suspend, revoke, or annul such creden-
38 tials for good cause. Such procedures shall be promulgated by the
39 commissioner by rule or regulation.
40 (ii) The commissioner shall establish a credentialing board which
41 shall provide advice concerning the credentialing process.
42 (2) The establishment, with the advice of the advisory council on
43 alcoholism and substance abuse services, of minimum qualifications for
44 counselors in all phases of delivery of services to those suffering from
45 alcoholism, substance and/or chemical abuse and/or dependence and/or
46 compulsive gambling and their families that shall include, but not be
47 limited to, completion of approved courses of study or equivalent
48 on-the-job experience in counseling for alcoholism, substance and/or
49 chemical abuse and/or dependence and/or compulsive gambling, such cours-
50 es or experiences shall include training in the treatment and diagnosis
51 of youth suffering from alcohol and/or substance abuse and/or chemical
52 dependence and issue credentials to counselors who meet minimum quali-
53 fications and suspend, revoke, or annul such credentials for good cause
54 in accordance with procedures promulgated by the commissioner by rule or
55 regulation.
A. 11273--A 9
1 § 14. Paragraphs 6 and 7 of subsection (l) of section 3221 of the
2 insurance law, paragraph 6 as amended by chapter 558 of the laws of 1999
3 and paragraph 7 as amended by chapter 565 of the laws of 2000, are
4 amended and a new paragraph 7-a is added to read as follows:
5 (6) (A) Every insurer delivering a group or school blanket policy or
6 issuing a group or school blanket policy for delivery, in this state,
7 which provides coverage for inpatient hospital care must make available
8 and, if requested by the policyholder, provide coverage for the diagno-
9 sis and treatment of chemical abuse and chemical dependence, however
10 defined in such policy, provided, however, that the term chemical abuse
11 shall mean and include alcohol and substance abuse and chemical depend-
12 ence shall mean and include alcoholism and substance dependence, however
13 defined in such policy. Written notice of the availability of such
14 coverage shall be delivered to the policyholder prior to inception of
15 such group policy and annually thereafter, except that this notice shall
16 not be required where a policy covers two hundred or more employees or
17 where the benefit structure was the subject of collective bargaining
18 affecting persons who are employed in more than one state.
19 (B) Such coverage shall be at least equal to the following:
20 (i) with respect to benefits for detoxification as a consequence of
21 chemical dependence, inpatient benefits in a hospital or a detoxifica-
22 tion facility may not be limited to less than seven days of active
23 treatment in any calendar year; and
24 (ii) with respect to benefits for rehabilitation services, such bene-
25 fits may not be limited to less than thirty days of inpatient care in
26 any calendar year.
27 (C) Such coverage may be limited to facilities in New York state which
28 are certified by the office of alcoholism and substance abuse services
29 and, in other states, to those which are accredited by the joint commis-
30 sion on accreditation of hospitals as alcoholism, substance abuse or
31 chemical dependence treatment programs.
32 (D) Such coverage shall be [made available] provided at the inception
33 of all new policies and with respect to all other policies at any anni-
34 versary date of the policy [subject to evidence of insurability].
35 (E) Such coverage may be subject to annual deductibles and co-insu-
36 rance as may be deemed appropriate by the superintendent and are
37 consistent with those imposed on other benefits within a given policy.
38 [Further, each insurer shall report to the superintendent each year the
39 number of contract holders to whom it has issued policies for the inpa-
40 tient treatment of chemical dependence, and the approximate number of
41 persons covered by such policies.]
42 (F) Such coverage shall not replace, restrict or eliminate existing
43 coverage provided by the policy.
44 (7) Every insurer delivering a group or school blanket policy or issu-
45 ing a group or school blanket policy for delivery in this state which
46 provides coverage for inpatient hospital care must provide coverage for
47 at least sixty outpatient visits in any calendar year and care for the
48 diagnosis and treatment of chemical dependence [of which up to twenty
49 may be for family members, except that this]. This provision shall not
50 apply to a policy which covers persons employed in more than one state
51 or the benefit structure of which was the subject of collective bargain-
52 ing affecting persons who are employed in more than one state. Such
53 coverage may be limited to facilities in New York state certified by the
54 office of alcoholism and substance abuse services or licensed by such
55 office as outpatient clinics or medically supervised ambulatory
56 substance abuse programs and, in other states, to those which are
A. 11273--A 10
1 accredited by the joint commission on accreditation of hospitals as
2 alcoholism or chemical dependence treatment programs. Such coverage may
3 be subject to annual deductibles and co-insurance as may be deemed
4 appropriate by the superintendent and are consistent with those imposed
5 on other benefits within a given policy. Such coverage shall not
6 replace, restrict, or eliminate existing coverage provided by the poli-
7 cy. Except as otherwise provided in the applicable policy or contract,
8 no insurer delivering a group or school blanket policy or issuing a
9 group or school blanket policy providing coverage for alcoholism or
10 substance abuse services pursuant to this section shall deny coverage to
11 a family member who identifies themself as a family member of a person
12 suffering from the disease of alcoholism, substance abuse or chemical
13 dependency and who seeks treatment as a family member who is otherwise
14 covered by the applicable policy or contract pursuant to this section.
15 The coverage required by this paragraph shall include treatment as a
16 family member pursuant to such family members' own policy or contract
17 provided such family member [(i) does not exceed the allowable number of
18 family visits provided by the applicable policy or contract pursuant to
19 this section, and (ii)] is otherwise entitled to coverage pursuant to
20 this section and such family members' applicable policy or contract.
21 (7-a) Every insurer delivering a group or school blanket policy or
22 issuing a group or school blanket policy for delivery in this state,
23 which provides coverage for inpatient hospital care, shall provide as
24 part of such policy coverage for the assessment, diagnosis, and treat-
25 ment of chemical abuse and chemical dependence pursuant to a family
26 court referral for assessment, order or condition in contemplation of
27 dismissal requiring such assessment, diagnosis or treatment, in a
28 proceeding described by subdivision (f) of section seven hundred thir-
29 ty-three of the family court act. The term chemical abuse shall mean and
30 include alcohol and substance abuse and chemical dependence shall mean
31 and include alcoholism and substance dependence, however defined in such
32 policy.
33 (A) Such coverage shall be at least equal to the following:
34 (i) With respect to benefits for detoxification as a consequence of
35 chemical dependence, inpatient benefits in a hospital or a detoxifica-
36 tion facility may not be limited to less than seven days of active
37 treatment in any calendar year; and
38 (ii) with respect to benefits for rehabilitation services, such bene-
39 fits may not be limited to less than thirty days of inpatient care in
40 any calendar year.
41 (B) Such coverage may be limited to facilities in New York state which
42 are certified by the office of alcoholism and substance abuse services
43 and, in other states, to those which are accredited by the joint commis-
44 sion on accreditation of hospitals and alcoholism, substance abuse or
45 chemical dependence treatment programs.
46 (C) Such coverage may not be subject to the provider network require-
47 ments of the policy, if any, where applicable. After seven calendar
48 days, coverage for the treatment of chemical abuse and chemical depend-
49 ence may be subject to utilization review of health care services,
50 including the review of medical necessity, case management and other
51 managed care provisions.
52 (D) Such coverage may not be subject to annual deductibles but may be
53 subject to co-payments and co-insurance as may be deemed appropriate by
54 the superintendent and are consistent with those imposed on other bene-
55 fits within a given policy.
A. 11273--A 11
1 § 15. Paragraphs 17, 18 and 19 of subsection (b) of section 4322 of
2 the insurance law, as added by chapter 504 of the laws of 1995, are
3 amended to read as follows:
4 (17) Inpatient diagnosis and treatment of mental, nervous or emotional
5 disorders or ailments up to thirty days per calendar year combined with
6 inpatient treatment of alcoholism [and], substance abuse or chemical
7 dependence.
8 (18) Inpatient diagnosis and treatment of alcoholism and alcohol abuse
9 and substance abuse and [substance] chemical dependence [up to thirty
10 days per calendar year] and for detoxification [combined with inpatient
11 treatment of mental, nervous or emotional disorders or ailments].
12 (19) Outpatient diagnosis and treatment of mental, nervous or
13 emotional disorders or ailments [up to thirty non-emergency and three
14 emergency visits per calendar year] and disorders of alcoholism and
15 alcohol abuse and substance abuse and chemical dependence.
16 § 16. Subsections (k) and (l) of section 4303 of the insurance law,
17 subsection (k) as amended by chapter 558 of the laws of 1999 and
18 subsection (l) as amended by chapter 565 of the laws of 2000, are
19 amended and a new subsection (l-1) is added to read as follows:
20 (k) A hospital service corporation or a health service corporation
21 which provides group, group remittance or school blanket coverage for
22 inpatient hospital care [must make available and if requested by the
23 contract holder] shall provide as part of such policy coverage for the
24 diagnosis and treatment of chemical abuse and chemical dependence,
25 however defined in such policy, provided, however, that the term chemi-
26 cal abuse shall mean and include alcohol and substance abuse and chemi-
27 cal dependence shall mean and include alcoholism and substance depend-
28 ence, however defined in such policy, except that this provision shall
29 not apply to a policy which covers persons employed in more than one
30 state or the benefit structure of which was the subject of collective
31 bargaining affecting persons who are employed in more than one state.
32 Such coverage shall be at least equal to [the following] coverage
33 provided for other health conditions and shall include: (1) [with
34 respect to] benefits for detoxification as a consequence of chemical
35 dependence, inpatient benefits for care in a hospital or detoxification
36 facility [may not be limited to less than seven days of active treatment
37 in any calendar year]; and (2) [with respect to] benefits for inpatient
38 rehabilitation services[, such benefits may not be limited to less than
39 thirty days of] and inpatient rehabilitation in a hospital based or free
40 standing chemical dependence facility in [any calendar year] a hospital
41 or rehabilitation facility. Such coverage may be limited to facilities
42 in New York state which are certified by the office of alcoholism and
43 substance abuse services and, in other states, to those which are
44 accredited by the joint commission on accreditation of hospitals as
45 alcoholism, substance abuse, or chemical dependence treatment programs.
46 Such coverage shall be [made available] provided at the inception of all
47 new policies and with respect to policies issued before the effective
48 date of this subsection at the first annual anniversary date thereafter,
49 without evidence of insurability [and at any subsequent annual anniver-
50 sary date subject to evidence of insurability]. Such coverage may be
51 subject to annual deductibles and co-insurance as may be deemed appro-
52 priate by the superintendent and are consistent with those imposed on
53 other benefits within a given policy. [Further, each hospital service
54 corporation or health service corporation shall report to the super-
55 intendent each year the number of contract holders to whom it has issued
56 policies for the inpatient treatment of chemical dependence, and the
A. 11273--A 12
1 approximate number of persons covered by such policies.] Such coverage
2 shall not replace, restrict or eliminate existing coverage provided by
3 the policy. Written notice of the availability of such coverage shall be
4 delivered to the group remitting agent or group contract holder prior to
5 inception of such contract and annually thereafter, except that this
6 notice shall not be required where a policy covers two hundred or more
7 employees or where the benefit structure was the subject of collective
8 bargaining affecting persons who are employed in more than one state.
9 (l) A hospital service corporation or a health service corporation
10 which provides group, group remittance or school blanket coverage for
11 inpatient hospital care must provide coverage for at least sixty outpa-
12 tient visits in any calendar year care for the diagnosis and treatment
13 of chemical dependence [of which up to twenty may be for family members,
14 except that this]. This provision shall not apply to a contract issued
15 pursuant to section four thousand three hundred five of this article
16 which covers persons employed in more than one state or the benefit
17 structure of which was the subject of collective bargaining affecting
18 persons who are employed in more than one state. Such coverage may be
19 limited to facilities in New York state certified by the office of alco-
20 holism and substance abuse services or licensed by such office as outpa-
21 tient clinics or medically supervised ambulatory substance abuse
22 programs and, in other states, to those which are accredited by the
23 joint commission on accreditation of hospitals as alcoholism or chemical
24 dependence substance abuse treatment programs. Such coverage may be
25 subject to annual deductibles and co-insurance as may be deemed appro-
26 priate by the superintendent and are consistent with those imposed on
27 other benefits within a given policy. Such coverage shall not replace,
28 restrict or eliminate existing coverage provided by the policy. Except
29 as otherwise provided in the applicable policy or contract, no hospital
30 service corporation or health service corporation providing coverage for
31 alcoholism or substance abuse services pursuant to this section shall
32 deny coverage to a family member who identifies themself as a family
33 member of a person suffering from the disease of alcoholism, substance
34 abuse or chemical dependency and who seeks treatment as a family member
35 who is otherwise covered by the applicable policy or contract pursuant
36 to this section. The coverage required by this subsection shall include
37 treatment as a family member pursuant to such family members' own policy
38 or contract provided such family member [(i) does not exceed the allow-
39 able number of family visits provided by the applicable policy or
40 contract pursuant to this section, and (ii)] is otherwise entitled to
41 coverage pursuant to this section and such family members' applicable
42 policy or contract.
43 (l-1) Every insurer delivering a group or school blanket policy or
44 issuing a group or school blanket policy for delivery in this state,
45 which provides coverage for inpatient hospital care, shall provide as
46 part of such policy coverage for the assessment, diagnosis, and treat-
47 ment of chemical abuse and chemical dependence pursuant to a family
48 court referral for assessment, order or condition in contemplation of
49 dismissal requiring such assessment, diagnosis or treatment, in a
50 proceeding described by subdivision (f) of section seven hundred thir-
51 ty-three of the family court act. The term chemical abuse shall mean and
52 include alcohol and substance abuse and chemical dependence shall mean
53 and include alcoholism and substance dependence, however defined in such
54 policy.
55 (1) Such coverage shall be at least equal to the following:
A. 11273--A 13
1 (A) with respect to benefits for detoxification as a consequence of
2 chemical dependence, in patient benefits in a hospital or a detoxifica-
3 tion facility may not be limited to less than seven days of active
4 treatment in any calendar year; and
5 (B) with respect to benefits for rehabilitation services, such bene-
6 fits may not be limited to less than thirty days of inpatient care in
7 any calendar year.
8 (2) Such coverage may be limited to facilities in New York state which
9 are certified by the office of alcoholism and substance abuse services
10 and, in other states, to those which are accredited by the joint commis-
11 sion on accreditation of hospitals as alcoholism, substance abuse or
12 chemical dependence treatment programs.
13 (3) Such coverage may not be subject to the provider network require-
14 ments of the policy, if any, where applicable. After seven calendar
15 days, coverage for the treatment of chemical abuse and chemical depend-
16 ence may be subject to utilization review of health care services,
17 including the review of medical necessity, case management and other
18 managed care provisions.
19 (4) Such coverage may not be subject to annual deductibles but may be
20 subject to co-payments and co-insurance as may be deemed appropriate by
21 the superintendent and are consistent with those imposed on other bene-
22 fits within a given policy.
23 § 17. Subdivision 2 of section 212 of the judiciary law is amended by
24 adding a new paragraph (s) to read as follows:
25 (s) Adopt rules in relation to independent alcoholism and substance
26 abuse counselors pursuant to subdivision (d) of section seven hundred
27 thirty-nine of the family court act.
28 § 18. Severability. If any clause, sentence, paragraph, section or
29 part of any provision of this act be adjudged by any court of competent
30 jurisdiction to be invalid, such judgment shall not affect, impair or
31 invalidate the remainder thereof, but shall be confined in its operation
32 to the clause, sentence, paragraph, section or part of the provision
33 directly involved in the controversy in which such judgment shall have
34 been rendered.
35 § 19. This act shall take effect on the one hundred twentieth day
36 after it shall have become a law and shall apply to petitions filed on
37 or after such date; provided, however that the amendments to sections
38 3221, 4322 and 4303 of the insurance law, made by sections fourteen,
39 fifteen and sixteen of this act, shall apply to policies or contracts
40 issued, renewed, modified, altered or amended on and after such date.
