STATE OF NEW YORK
________________________________________________________________________
1812
2025-2026 Regular Sessions
IN SENATE
January 14, 2025
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Use Disorders
AN ACT to amend the mental hygiene law, in relation to the certification
of innovative statewide substance use disorder treatment services
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 32.05-b to read as follows:
3 § 32.05-b Certification of innovative statewide substance use disorder
4 treatment services.
5 1. The commissioner of the office of addiction services and supports
6 shall develop a statewide process for the certification of entities
7 seeking to provide in-home based substance use disorder treatment
8 services, pursuant to guidelines established by such commissioner.
9 Applicants shall demonstrate to the commissioner of the office of
10 addiction services and supports' satisfaction that they are able to meet
11 applicable regulatory service standards pursuant to 14 NYCRR part 822,
12 as amended from time to time. Out of state applicants shall be required
13 to be registered with the department of state, with a physical address
14 in the state of New York.
15 2. Notwithstanding article forty-one of this chapter, the commissioner
16 of the office of addiction services and supports shall develop a process
17 to ensure local governmental input and consultation for the review of
18 applications for certification under this section. Such process shall be
19 limited to one prior consultation meeting to be held with represen-
20 tatives of local governmental units, as determined by the commissioner
21 of the office of addiction services and supports. As part of such prior
22 consultation, applicants shall present an identified needs assessment to
23 support their application and a proposal for services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05315-01-5
S. 1812 2
1 3. Applicants under this section shall have the capacity to provide
2 individual, family and group counseling as clinically indicated by indi-
3 vidual patient person-centered planning. In addition, applicants shall
4 be required to provide, at a minimum, the following:
5 (a) an admission assessment including a screening for problem gambl-
6 ing, overdose risk and co-occurring mental health conditions, including
7 suicide risk;
8 (b) safety plans for suicide and overdose risk based on the results of
9 such screenings;
10 (c) a plan for monitoring individuals at elevated risk for overdose or
11 suicide;
12 (d) treatment recovery planning and review;
13 (e) medication for addiction treatment, including a detailed policy
14 which describes referral to the first in-person visit;
15 (f) the provision of naloxone by prescription or dispensation; and
16 (g) toxicology testing.
17 4. The commissioner of the office of addiction services and supports
18 shall issue the guidelines required by this section not later than six
19 months from the effective date of this section.
20 § 2. This act shall take effect immediately.
