STATE OF NEW YORK
________________________________________________________________________
8325
IN SENATE
January 18, 2024
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to including
services provided by certified recovery peer advocates and certain
services provided at inpatient facilities as part of standard coverage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 365-a of the
2 social services law, as amended by section 12-a of part C of chapter 60
3 of the laws of 2014, is amended to read as follows:
4 (c) out-patient hospital or clinic services in facilities operated in
5 compliance with applicable provisions of this chapter, the public health
6 law, the mental hygiene law and other laws, including any provisions
7 thereof requiring an operating certificate or license, including facili-
8 ties authorized by the appropriate licensing authority to provide inte-
9 grated mental health services, and/or [alcoholism and] substance [abuse]
10 use disorder services, and/or physical health services, and/or services
11 to persons with developmental disabilities, when such services are
12 provided at a single location or service site, or where such facilities
13 are not conveniently accessible, in any hospital located within the
14 state and care and services in a day treatment program operated by the
15 department of mental hygiene or by a voluntary agency under an agreement
16 with such department in that part of a public institution operated and
17 approved pursuant to law as an intermediate care facility for persons
18 with developmental disabilities; and provided, that the commissioners of
19 health, mental health, [alcoholism] addiction services and [substance
20 abuse services] supports and the office for people with developmental
21 disabilities may issue regulations, including emergency regulations
22 promulgated prior to October first, two thousand fifteen that are
23 required to facilitate the establishment of integrated services clinics.
24 Any such regulations promulgated under this paragraph shall be described
25 in the annual report required pursuant to section forty-five-c of part A
26 of chapter fifty-six of the laws of two thousand thirteen. Such
27 services shall include those provided by certified recovery peer advo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14026-01-4
S. 8325 2
1 cates when provided by programs certified, licensed or otherwise author-
2 ized by the office of addiction services and supports;
3 § 2. Paragraph (n) of subdivision 2 of section 365-a of the social
4 services law, as amended by chapter 558 of the laws of 1999, is relet-
5 tered paragraph (n-1) and amended to read as follows:
6 (n-1) care, treatment, maintenance and rehabilitation services that
7 would otherwise qualify for reimbursement pursuant to this chapter to
8 persons suffering from [alcoholism in alcoholism facilities or chemical
9 dependence] substance use disorder, as such term is defined in section
10 1.03 of the mental hygiene law, in inpatient [chemical dependence]
11 facilities, services, or programs operated in compliance with applicable
12 provisions of this chapter and the mental hygiene law, and certified by
13 the office of [alcoholism] addiction services and [substance abuse
14 services] supports, provided however that such services shall be limited
15 to such periods of time as may be determined necessary in accordance
16 with a utilization review procedure established by the commissioner of
17 the office of [alcoholism] addiction services and [substance abuse
18 services] supports and provided further, that this paragraph shall not
19 apply to any hospital or part of a hospital as defined in section two
20 thousand eight hundred one of the public health law. Such services
21 shall include those provided by certified recovery peer advocates when
22 provided by programs certified, licensed or otherwise authorized by the
23 office of addiction services and supports.
24 § 3. This act shall take effect immediately.
