Defines the scope of responsibilities of the office of alcoholism and substance abuse services regarding recovery services

BILL NUMBER:S7255A

Title of bill

An act to amend the mental hygiene law, in relation to defining the scope of responsibilities of the office of alcoholism and substance abuse services regarding recovery services, terms of operating certif- icates and the DWI provider list

Purpose

This bill would amend the Mental Hygiene Law (MHL) to: (1) clarify the scope of responsibilities of the Office of Alcoholism and Substance Abuse Services (OASAS); (2) provide persons aggrieved by an agency deci- sion regarding their inclusion on the DWI provider list the opportunity for an administrative review of such agency decision; and (3) permit the Commissioner of OASAS to issue operating certificates for a maximum term of five years.

Summary of provisions

Section 1 of the bill would: (1) amend MHL § 19.07(a) and (c) to clarify that "rehabilitation" includes programs for recovery maintenance and relapse prevention; and (2) amend MHL § 19.07(g) to allow any person aggrieved by a decision involving their placement on the DWI provider list the opportunity for an administrative appeal.

Section 2 of the bill would amend MHL § 19.09(g) to clarify that "reha- bilitation" includes programs for recovery maintenance and relapse prevention.

Section 3 of the bill would amend MHL § 32.09(c) to extend the maximum term of an operating certificate from 3 to 5 years.

Section 4 of the bill would make it effective 180 days after enactment.

Existing law

MHL § 19.01 indicates the policy of the State is to "prevent relapse and maintain recovery" of persons with the chronic disease of chemical dependence but this terminology is not consistent throughout the chap- ter.

MHL § 19.07 sets forth the responsibilities of OASAS.

MHL § 19.07(g) requires OASAS to maintain the statewide list of capable and available providers of assessment services related to drunk driving violations.

MHL § 32.09(c) authorizes the Commissioner of OASAS to grant operating certificates for a maximum of 3 years.

Legislative history

This is a new proposal.

Statement in support

This bill would resolve ambiguities in current statutes that may present obstacles to the agency's programmatic goals and regulatory duties.

Clarifying the policy goal of recovery services as a facet of rehabili- tation will supports OASAS' programmatic goals of offering residential or employment services to persons in a fragile state of early recovery from chemical dependence.

In addition, this bill would clarify that individuals who may be aggrieved by OASAS' determination regarding such individuals' placement on the DWI provider list will be entitled to an administrative review of such determinations.

Extending the maximum operating certificate term would offer provider agencies an incentive to encourage high quality performance from its certified providers. A longer term operating certificate would relieve certain high performing providers of frequent time consuming reviews, affording more time for patient contact. OASAS will still retain the discretion to issue operating certificates for periods shorter than five years.

Budget implications

This bill would have no fiscal implications.

Effective date

This bill would take effect 180 days after enactment.