BILL NUMBER: S1797
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to creating the
office of addiction and mental health services
 
PURPOSE:
Establishes the Office of Addiction and Mental Health Services
 
SUMMARY OF PROVISIONS:
Section 1 amends the mental hygiene law in relation to chapter 281 merg-
es the offices of mental hygiene and addiction services and supports to
create the office of " office of addiction and mental health services".
Section 2 amends section 5.01 of the mental hygiene law to provide
responsibilities and staffing associated with the office of addiction
and mental health services, and creates a seven-person standing advisory
committee on addiction and mental health services.
Section 3 amends section 5.03 of the mental hygiene law to assign the
head of the office of addiction and mental health services to be the
commissioner. Until the commissioner of the addiction and mental health
services is appointed by the governor and confirmed by the senate, the
commissioner of mental health and commissioner of addiction services and
supports shall continue to oversee mental health and addiction services
respectively and work collaboratively to integrate care for individuals
with both mental health and substance use disorder.
Section 4 amends section 5.05 of the mental hygiene law to provide the
powers and duties of the head of the department and the office of
addiction and mental health services.
Section 5 amends section 7.01 of the mental hygiene law to expand on the
declaration of policy and establish a new autonomous agency to be known
as the office of addiction and mental health services.
Section 6 amends section 19.01 of the mental hygiene law to include the
office of addiction and mental health service in the legislature's
declaration of policy and to modernize terminology.
Section 7 provides that the Governor may nominate an individual to serve
as commissioner of the office of mental health, addiction, and wellness
upon or prior to January 1, 2023. If such an individual is confirmed by
the Senate prior to January 1, 2023, they shall become the commissioner
of said office. The Governor may designate a person to exercise the
powers of the commissioner of addiction and mental health services until
confirmation of a nominee by the Senate.
Section 8 provides that all employees from the office of mental health
and the office of addiction services and supports shall be transferred
to the office of addiction and mental health services without further
examinations or qualification to the same or similar titles and shall
remain in the same collective bargaining units and shall retain their
respective civil service classifications, status, and rights pursuant to
their collection bargaining units and collective bargaining agreements.
Section 9 requires that the office of addiction and mental health
services shall issue an annual report and details specifications related
to such a report.
Section 10 requires that any financial savings realized from the
creation of the office of addiction and mental health services shall be
reinvested in the services and supports funded by such office.
Section 11 states the severability clause. Section 12 states the effec-
tive date.
 
JUSTIFICATION:
For too long the state has provided one door for individuals suffering
with Substance Use Disorder, and another for individuals with a mental
health diagnosis. Lives have been lost, and outcomes have suffered when
we are not treating individuals as a whole. Integration of care from the
Office of Mental Health, and the Office of Addiction Supports and
Services will improve outcomes for individuals suffering from co-occur-
ring disorders.
All savings realized from the merger will be reinvested in the new agen-
cy. The creation of a stakeholder standing advisory committee will
provide the transparency needed and guarantee a seat at the table for
those most impacted. This committee will protect the workforce, and
ensure we attain the legislative intent to integrate care.
 
LEGISLATIVE HISTORY:
2023-2024: S8354/A1038A
2021-2022: S5084C/A8379
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately. Effective immediately, the
office of mental health and the office of addiction services and
supports are authorized to promulgate the addition, amendment and/or
repeal of any rule or regulation or engage in any work necessary for the
implementation of this act on its effective date authorized to be made
and completed on or before such effective date.

Statutes affected:
S1797: 5.01 mental hygiene law, 5.03 mental hygiene law, 7.01 mental hygiene law, 19.01 mental hygiene law