S04496 Summary:

BILL NOS04496A
 
SAME ASSAME AS A06718-A
 
SPONSORMARTINEZ
 
COSPNSRMAYER, GAUGHRAN, KAPLAN, METZGER, PARKER
 
MLTSPNSR
 
Add §19.04, Ment Hyg L
 
Creates a recovery living task force to establish best practice guidelines for recovery living residences that illustrate the most appropriate and effective environment for persons recovering from a chemical dependency.
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S04496 Actions:

BILL NOS04496A
 
03/13/2019REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
04/08/20191ST REPORT CAL.391
04/09/20192ND REPORT CAL.
04/10/2019ADVANCED TO THIRD READING
04/29/2019PASSED SENATE
04/29/2019DELIVERED TO ASSEMBLY
04/29/2019referred to alcoholism and drug abuse
01/08/2020died in assembly
01/08/2020returned to senate
01/08/2020REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
01/08/2020AMEND AND RECOMMIT TO ALCOHOLISM AND SUBSTANCE ABUSE
01/08/2020PRINT NUMBER 4496A
01/13/20201ST REPORT CAL.66
01/14/20202ND REPORT CAL.
01/15/2020ADVANCED TO THIRD READING
02/04/2020PASSED SENATE
02/04/2020DELIVERED TO ASSEMBLY
02/04/2020referred to alcoholism and drug abuse
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S04496 Committee Votes:

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S04496 Floor Votes:

There are no votes for this bill in this legislative session.
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S04496 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4496--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 13, 2019
                                       ___________
 
        Introduced  by  Sens.  MARTINEZ, MAYER, GAUGHRAN, KAPLAN, PARKER -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Alcoholism  and  Substance  Abuse -- recommitted to the
          Committee on Alcoholism and Drug Abuse in accordance with Senate  Rule
          6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the mental hygiene law, in relation to the creation of a
          recovery living task force
 
          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  19.04 to read as follows:
     3  § 19.04 Recovery living task force.
     4    1. Definitions. As used in this section:
     5    "Recovery living residence" shall mean any residence  located  in  New
     6  York state where the owner or operator of such residence holds the resi-
     7  dence  out  to the public as an alcohol and drug free living environment
     8  for persons recovering from  a  chemical  dependency,  where  no  formal
     9  treatment services are provided on-site.
    10    2. The recovery living task force is hereby created, which pursuant to
    11  the provisions of this section, shall establish best practice guidelines
    12  for  recovery living residences that illustrate the most appropriate and
    13  effective environment for persons recovering from a chemical dependency.
    14    3. The task force shall study and utilize reliable evidence and infor-
    15  mation collected from organizations and programs both in New York  state
    16  and throughout the country to:
    17    (a) Document the number of recovery residences operating in the state;
    18    (b)  Issue  recommendations and guidelines establishing best practices
    19  for recovery living residences in order to provide an alcohol  and  drug
    20  free  recovery  living  environment,  with  a focus on least restrictive
    21  means of benefiting the person in recovery.  In  developing  guidelines,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10577-04-0

        S. 4496--A                          2
 
     1  the  task force shall consider the role of local and state government in
     2  oversight and other areas; siting challenges; geographic  variations  in
     3  what  housing  currently exists and in barriers to creating new suitable
     4  housing;  optimal  standards  for  living  space, privacy and nutrition;
     5  personal financial participation by tenants; work requirements,  includ-
     6  ing  adequacy  of  compensation;  reimbursement opportunities; discharge
     7  planning, the participant's legal protections against removal  from  the
     8  residence;  what  information  must  be  provided  to the participant at
     9  admission, including due process rights of the participant  for  removal
    10  from  the  residence;  appropriate responses to relapse with the goal of
    11  protecting both the person who has relapsed and other residents  of  the
    12  residence;  how  to  ensure access to medication assisted treatment; the
    13  needs of women, and of women with children; the use of drug testing; and
    14  options and requirements for formal or self-help treatment services;
    15    (c) Study and issue findings  regarding  health  and  safety  concerns
    16  related to the occupancy and operation of recovery living residences for
    17  the person in recovery;
    18    (d)  Study  and  issue findings regarding the impacts of occupancy and
    19  operation of recovery living residences on neighborhoods and surrounding
    20  areas;
    21    (e) Issue recommendations on the feasibility of licensing, regulating,
    22  registering or certifying recovery living residences in New York  state;
    23  and
    24    (f)  Issue  recommendations for any other program or policy initiative
    25  that the task force deems relevant.
    26    4. (a) The members  of  the  task  force  shall  include  ten  members
    27  consisting  of the commissioner or his or her designee; the commissioner
    28  of the office of mental health or his or her designee; the  commissioner
    29  of  the  office  of  temporary  and  disability assistance or his or her
    30  designee; the commissioner of the office of homes and community  renewal
    31  or his or her designee; two members appointed by the temporary president
    32  of  the  senate, at least one of whom shall be a current or former resi-
    33  dent of a recovery living residence; two members appointed by the speak-
    34  er of the assembly, at least one of whom shall be a  current  or  former
    35  resident  of  a  recovery living residence; and two members appointed by
    36  the governor.  The task force shall include at least one operator  of  a
    37  recovery  living residence with at least five years of experience in the
    38  field who must demonstrate, to the extent practicable,  that  the  resi-
    39  dences  they operate have had minimal code violations within the preced-
    40  ing three years. Appointments must ensure geographic representation,  to
    41  the extent practicable.  The commissioner shall be designated the chair-
    42  person  of  such  task  force  and shall select a vice-chairperson and a
    43  secretary from the designees appointed by the legislature or the  gover-
    44  nor;
    45    (b)  The  members  of the task force shall receive no compensation for
    46  their services but shall be reimbursed for expenses actually and  neces-
    47  sarily incurred in the performance of their duties;
    48    (c)  No  civil action shall be brought in any court against any member
    49  of the recovery living task force for any act or omission  necessary  to
    50  the discharge of his or her duties as a member of the task force, except
    51  as  provided  herein.  Such member may be liable for damages in any such
    52  action if he or she failed to act in good faith and exercise  reasonable
    53  care.  Any  information  obtained  by  a  member of the task force while
    54  carrying out his or her duties as prescribed  in  subdivision  three  of
    55  this section shall only be utilized in their capacity as a member of the
    56  task force.

        S. 4496--A                          3
 
     1    5.  No  later  than one year after the effective date of this section,
     2  the task force shall provide a report  containing  the  results  of  the
     3  study, including evidence used as a basis in making such report, and its
     4  recommendations,  if  any, together with drafts of legislation necessary
     5  to  carry  out its recommendations by filing said report, documentation,
     6  and draft legislation, with the governor, the temporary president of the
     7  senate, the minority leader of the senate, the speaker of the  assembly,
     8  and  the minority leader of the assembly. The task force shall also make
     9  the report, documentation, and draft legislation  public  by  posting  a
    10  copy on the website maintained by the office.
    11    § 2. This act shall take effect immediately.
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