STATE OF NEW YORK
________________________________________________________________________
3974
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to creating the
office of the ombudsperson for behavioral health access
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 7.49 to read as follows:
3 § 7.49 Behavioral health access ombudsperson.
4 (a) For the purposes of this section, the following terms shall have
5 the following meanings:
6 1. "Office of the ombudsperson" shall mean the office of the ombud-
7 sperson for behavioral health access.
8 2. "Ombudsperson" shall mean the ombudsperson for behavioral health
9 access to care.
10 (b) There is hereby created the office of the ombudsperson for behav-
11 ioral health access for the purpose of assisting New Yorkers in access-
12 ing behavioral health care.
13 (c) The office of the ombudsperson and the department of mental
14 hygiene shall operate pursuant to a memorandum of understanding between
15 the two entities. The memorandum of understanding shall contain, at a
16 minimum:
17 1. a requirement that the office of the ombudsperson has its own
18 personnel rules;
19 2. a requirement that the ombudsperson has independent hiring and
20 termination authority over office of the ombudsperson employees;
21 3. a requirement that the office of the ombudsperson shall follow
22 state fiscal rules;
23 4. a requirement that the office shall offer the office of the ombud-
24 sperson limited support with respect to:
25 (i) personnel matters;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07354-01-5
A. 3974 2
1 (ii) recruitment;
2 (iii) payroll;
3 (iv) benefits;
4 (v) budget submission, as needed;
5 (vi) accounting; and
6 (vii) office space, facilities, and technical support; and
7 5. any other provisions regarding administrative support that will
8 help maintain the independence of the office of the ombudsperson.
9 (d) The office of the ombudsperson shall operate with full independ-
10 ence and with complete autonomy, control, and authority over operations,
11 budget, and personnel decisions related to the office of the ombudsper-
12 son and the ombudsperson.
13 (e) 1. On or before January first, two thousand twenty-six, the gover-
14 nor shall designate an ombudsperson for behavioral health access to
15 care, who shall serve as director of the office of the ombudsperson.
16 2. The ombudsperson shall serve as a neutral party to help consumers,
17 including consumers who are uninsured or have public or private health
18 benefit coverage, including coverage that is not subject to state regu-
19 lation, and health care providers acting on their own behalf, on behalf
20 of a consumer with the consumer's written permission, or on behalf of a
21 group of health care providers, navigate and resolve issues related to
22 consumer access to behavioral health care, including care for mental
23 health conditions and substance use disorders.
24 (f) The ombudsperson shall:
25 1. interact with consumers and health care providers with concerns or
26 complaints to help such consumers and providers resolve behavioral
27 health care access and coverage issues;
28 2. identify, track, and report to the appropriate regulatory or over-
29 sight agency concerns, complaints, and potential violations of state or
30 federal rules, regulations, or statutes concerning the availability of,
31 and terms and conditions of, benefits for mental health conditions or
32 substance use disorders, including potential violations related to quan-
33 titative and non-quantitative treatment limitations;
34 3. receive and assist consumers and providers in reporting concerns
35 and filing complaints with appropriate regulatory or oversight agencies
36 relating to inappropriate care;
37 4. provide appropriate information necessary to help consumers obtain
38 behavioral health care services;
39 5. develop appropriate points of contact for referrals to other state
40 and federal agencies; and
41 6. provide appropriate information to help consumers and health care
42 providers file appeals or complaints with the appropriate entities,
43 including insurers and other state and federal agencies.
44 (g) The ombudsperson, employees of the office of the ombudsperson, and
45 any persons acting on behalf of the office of the ombudsperson shall
46 comply with all state and federal confidentiality laws that govern the
47 department with respect to the treatment and disclosure of confidential
48 information and records.
49 (h) The ombudsperson shall act independently of the office in the
50 performance of such ombudsperson's duties. Any recommendations made or
51 positions taken by the ombudsperson shall not reflect those of the
52 office.
53 (i) The commissioner of financial services and the commissioner shall
54 each appoint a liaison to the ombudsperson to receive reports of
55 concerns, complaints, and potential violations described in paragraph
56 two of subdivision (f) of this section.
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1 (j) 1. On or before November first of each year following the effec-
2 tive date of this section, the ombudsperson shall prepare and submit a
3 written report to the governor, the commissioner of financial services,
4 the senate committee on health, the senate committee on mental health,
5 and the senate committee on insurance, or any successor committees.
6 2. The report required by paragraph one of this subdivision shall:
7 (i) include information from the preceding fiscal year concerning
8 actions taken by the ombudsperson relating to the duties of the office
9 of the ombudsperson pursuant to paragraph two of subdivision (e) of this
10 section; and
11 (ii) not include any personally identifying information about an indi-
12 vidual consumer or health care provider or identifying information about
13 a health care facility.
14 3. The ombudsperson shall post the report on the department's website.
15 § 2. This act shall take effect immediately.
