BILL NUMBER: S2704
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the social services law, the public health law and the
mental hygiene law, in relation to setting comprehensive outpatient
services
 
PURPOSE:
Relates to setting comprehensive outpatient services
 
SUMMARY OF PROVISIONS:
Section 1 creates the "comprehensive outpatient services act of 2021"
Section 2 provides that notwithstanding of any law, rule or regulation
to the contrary, the commissioners of the department of health, the
office of mental health, and the office of addiction services and
supports are authorized to jointly establish a single set of licensing
standards and requirements for the construction, operation, reporting
and surveillance of comprehensive outpatient services centers. This
section also includes such standards and requirements and defines rele-
vant terms.
Section 3 amends subdivision 4 of section 488 of the social services law
to include new paragraph (a-1) to read as follows: a comprehensive
outpatient services center which is licensed, or certified by section
three hundred sixty-four-m of this chapter, provided however that such
term shall not include the provision of physical health services
rendered in such facility or program.
Section 4 amends subdivision 1 of section 2801 of the public health law
to expand the definition of "hospital" to ensure that no provision of
this article or any other provisions of law be constructed to limit the
volume of primary care services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.
Section 5 amends subdivision f of section 31.02 of the mental hygiene
law to make technical changes to the official name of the office of
addiction services and supports. A provision is included to state that
with the expectation of paragraph d of subdivision six of section three
hundred sixtyfour-m of the social services law, no provision of this
article or any other provisions of law shall be construed to limit the
volume of mental health services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.
Section 6 amends subdivision f of section 32.05 of the mental hygiene
law to make technical changes to the official name of the office of
addiction services and supports. A provision is included to state that
with the expectation of paragraph d of subdivision six of section three
hundred sixtyfour-m of the social services law, no provision of this
article or any other provisions of law shall be construed to limit the
volume of mental health services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.
Section 7 states the effective date.
 
JUSTIFICATION:
Oftentimes patients suffering from substance use disorder have one or
more co-occuring mental disorders that attribute greatly to their
substance use disorder. Unfortunately, individuals who are suffering
with substance use disorder and their loved ones are left to navigate
multiple systems because there is no one place that will treat the whole
person.
To families and providers it is apparent that their substance use and
mental health are deeply intertwined. Too often, the result is that both
needs are left unmet as each system wastes valuable time deciding who
this patient belongs to, and the consequences can be deadly.
We are failing these individuals when we treat a substance use disorder
while neglecting to recognize the mental health issue that may be the
root cause of the patient's substance use disorder. This bill would
provide a more patient-centered focus on holistic care and co-occurring
disorders while reducing barriers to treatment. Individuals who receive
integrated mental health and substance services show better clinical
improvements and report better treatment satisfaction.
 
LEGISLATIVE HISTORY:
2021-2022: S6311/A8099 - Died in Health/Died in Mental Health
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect January 1, 2024; provided, however, that the
amendments to section 364-m of the social services law be made by
section two of this act shall not affect the repeal of such section and
shall be deemed to repeal therewith. Effective immediately, the commis-
sioner of the department of health, the commissioner of the office of
mental health and the commissioner of the office of addiction services
and supports are authorized to issue any rule or regulation necessary
for the implementation of this act on or before its effective date.

Statutes affected:
S2704: 364-m social services law