STATE OF NEW YORK
________________________________________________________________________
8356--A
2021-2022 Regular Sessions
IN ASSEMBLY
October 20, 2021
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Introduced by M. of A. CARROLL, SEAWRIGHT, SIMON -- read once and
referred to the Committee on Alcoholism and Drug Abuse -- recommitted
to the Committee on Alcoholism and Drug Abuse in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law and the social services law, in
relation to establishing contingency management services for certain
persons with substance use disorders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 19.03 of the mental hygiene law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. "Contingency management services" means addiction disorder
4 services, including digital therapeutics prescribed by a healthcare
5 professional, for persons with a substance use disorder that provides
6 individuals with a financial incentive or positive reinforcement to
7 abstain from substance use, by rewarding specified behaviors, including,
8 but not limited to continued evidence of negative urinalysis, engagement
9 in treatment, and other behavior which adheres to treatment goals.
10 § 2. Section 19.17 of the mental hygiene law is amended by adding a
11 new subdivision (h) to read as follows:
12 (h) (1) The office shall, in coordination with the department of
13 health and the New York state conference of local mental hygiene direc-
14 tors, establish a program to provide contingency management services, as
15 defined in subdivision three of section 19.03 of this article for
16 persons eligible for medical assistance under title eleven of article
17 five of the social services law for individuals in recovery for
18 substance use disorder.
19 (2) Notwithstanding any contrary provision of law, incentives or
20 rewards for contingency management services received by an individual
21 pursuant to this subdivision shall not be considered income or resources
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13325-02-2
A. 8356--A 2
1 of an individual for the purposes of any determinations of eligibility
2 for any other state program or benefit, including but not limited to the
3 medical assistance program, any state or federal program, or any other
4 means-tested program or benefit.
5 (3) In developing the program under paragraph one of this subdivision,
6 the office shall ensure that incentives or rewards for contingency
7 management services are used for the intended purposes and not diverted
8 for other uses. The office shall develop a plan to monitor the program
9 for fraud and misuse of contingency management incentives and rewards.
10 (4) Notwithstanding any contrary provision of law, the commissioner,
11 in collaboration with the commissioner of health, shall, to the extent
12 necessary, develop and submit any appropriate waivers for implementation
13 of this program, including, but not limited to, those authorized pursu-
14 ant to sections eleven hundred fifteen and nineteen hundred fifteen of
15 the federal social security act, or successor provisions, and any other
16 waivers necessary to achieve the purposes of high quality, integrated,
17 and cost effective care and integrated financial eligibility policies
18 under the medical assistance program or pursuant to title XVIII of the
19 federal social security act. Copies of such original waiver applications
20 shall be provided to the chair of the senate finance committee and the
21 chair of the assembly ways and means committee simultaneously with their
22 submission to the federal government.
23 § 3. Subdivision 2 of section 365-a of the social services law is
24 amended by adding a new paragraph (jj) to read as follows:
25 (jj) contingency management services and supports provided pursuant to
26 article nineteen of the mental hygiene law.
27 § 4. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law. Effective immediately, the addition, amend-
29 ment and/or repeal of any rule or regulation necessary for the implemen-
30 tation of this act on its effective date are authorized to be made and
31 completed on or before such effective date.
