STATE OF NEW YORK
________________________________________________________________________
1927--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 13, 2021
___________
Introduced by M. of A. L. ROSENTHAL, REYES, GRIFFIN, FERNANDEZ, DAVILA,
DeSTEFANO -- read once and referred to the Committee on Alcoholism and
Drug Abuse -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to establishing a
council for treatment equity within the office of addiction services
and supports
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 19.45 to read as follows:
3 § 19.45 The council for treatment equity.
4 1. Definitions. As used in this section:
5 (a) "Council" shall mean the council for treatment equity created
6 pursuant to this section which shall consist of a full time director and
7 any additional full or part-time staff the commissioner deems necessary
8 to effectuate the provisions of this section.
9 (b) "Treatment equity advisory board" shall mean the advisory board to
10 the council, created pursuant to subdivision three of this section.
11 (c) "Vulnerable populations" shall mean those who have experienced
12 injustices and disadvantages as a result of their race, ethnicity, sexu-
13 al orientation, gender identity, disability status, age, socioeconomic
14 status and/or any other status which has caused a person to experience
15 injustices and disadvantages.
16 (d) "Racially and ethnically diverse areas" shall mean counties where
17 the non-white population is forty percent or more or the service area of
18 an agency, corporation, facility or individual providing substance use
19 disorder services where the non-white population of said area is forty
20 percent or more.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00661-04-1
A. 1927--A 2
1 (e) "Provider of services" shall mean any agency, corporation, facili-
2 ty or individual providing substance use disorder services to vulnerable
3 populations.
4 (f) "Treatment disparities" shall mean measurable differences in
5 access to and quality of substance use disorder services as determined
6 by race, ethnicity, sexual orientation, gender identity, disability
7 status, age and socioeconomic status.
8 (g) "Treatment equity" shall mean achieving the highest level of
9 substance use disorder services for all people and shall entail focused
10 efforts to address avoidable inequalities by equalizing those conditions
11 for substance use disorder services for those that have experienced
12 injustices and socioeconomic disadvantages.
13 2. The council for treatment equity. There is hereby created a council
14 for treatment equity. The council, in conjunction with the treatment
15 equity advisory board, shall have the following powers and duties:
16 (a) Work collaboratively with the office, other relevant state agen-
17 cies, the local governmental unit as defined in article forty-one of
18 this chapter and other affected stakeholders, including, but not limited
19 to, providers to and representatives of vulnerable populations, in order
20 to set priorities to achieve treatment equity in both racial and
21 ethnically diverse areas and for vulnerable populations throughout the
22 state;
23 (b) Analyze collected data to determine the causes of treatment
24 disparities in both racially and ethnically diverse areas and for
25 vulnerable populations throughout the state, including any economic,
26 physical, social or cultural barriers;
27 (c) Develop and implement strategies aimed at achieving treatment
28 equity in racially and ethnically diverse areas and among vulnerable
29 populations;
30 (d) Promote community involvement by conducting promotional and educa-
31 tional outreach programs regarding substance use disorders and available
32 services; and
33 (e) Review the impact of current laws, rules, regulations, policies
34 and programs that may be affecting the ability to achieve treatment
35 equity.
36 3. The treatment equity advisory board. (a) The treatment equity advi-
37 sory board shall consist of thirteen members. Six members shall be
38 appointed by the governor, three members appointed by the temporary
39 president of the senate, three members appointed by the speaker of the
40 assembly and the final member shall be the chairperson of the conference
41 of local mental hygiene directors, or his or her designee. The chair-
42 person of the board shall be the commissioner or their designee.
43 (b) The members of the board shall be from the community with exper-
44 tise in conducting substance use disorder services. In making such
45 appointments, due consideration shall be given to ensuring adequate
46 geographic representation.
47 (c) The term of office for each member of the treatment equity advi-
48 sory board shall be two years. Vacancies in the treatment equity advi-
49 sory board, other than by expiration of a term, shall be filled for the
50 remainder of the unexpired term in the same manner as original appoint-
51 ments.
52 (d) The members of the treatment equity advisory board shall receive
53 no compensation for their services, but shall be reimbursed for all
54 expenses actually and necessarily incurred by them in the performance of
55 their duties under this section within the amount made available by
56 appropriation therefor.
A. 1927--A 3
1 4. Report. The council shall submit a written report to the governor,
2 the temporary president of the senate and the speaker of the assembly no
3 later than one year succeeding the effective date of this section and
4 annually thereafter, setting forth the findings, recommendations and
5 activities of the council on matters within the scope of its powers and
6 duties as set forth in this section.
7 § 2. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
