January 7, 2022

The amended bill (below) was just re-introduced by Senator Harckham on the topic of the creation of a new Office of Addiction and Mental Health Services.  I pasted the text of the legislation below.  Underlined is new and stricken text is omitted.

S05084 Summary:

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S05084 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5084--C
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 23, 2021
                                       ___________
 
        Introduced  by  Sens.  HARCKHAM, ADDABBO, BROUK, GOUNARDES -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Alcoholism  and  Substance  Abuse  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Alcoholism and Substance 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  creating  the
          office of addiction and mental health services
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 2 and  2-a  of  section  1.03  of  the  mental
     2  hygiene  law,  subdivision  2 as amended and subdivision 2-a as added by
     3  chapter 281 of the laws of 2019, are amended to read as follows:
     4    2. ["Commissioner" means the commissioner of mental health,]  "Commis-
     5  sioner"  means  the commissioner of addiction and mental health services
     6  and the commissioner of developmental disabilities [and the commissioner
     7  of addiction services and supports] as used in this chapter.  Any  power
     8  or  duty heretofore assigned to the commissioner of mental hygiene or to
     9  the department of mental hygiene pursuant to this chapter shall hereaft-
    10  er be assigned to the commissioner  of  [mental  health]  addiction  and
    11  mental  health services in the case of facilities, programs, or services
    12  for individuals with [mental illness] a mental health diagnosis, to  the
    13  commissioner  of  developmental  disabilities in the case of facilities,
    14  programs, or services for individuals with  developmental  disabilities,
    15  to the commissioner of addiction [services] and [supports] mental health
    16  services  in  the  case  of  facilities, programs, or addiction disorder
    17  services in accordance with the provisions of titles D  and  E  of  this
    18  chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09785-07-1
        S. 5084--C                          2
 
     1    2-a.  Notwithstanding  any  other section of law or regulation, on and
     2  after the effective date of this subdivision, any and all references  to
     3  the  office of alcoholism and substance abuse services and the predeces-
     4  sor agencies to the office of alcoholism and  substance  abuse  services
     5  including  the division of alcoholism and alcohol abuse and the division
     6  of substance abuse services and all references to the office  of  mental
     7  health,  shall  be  known  as  the  "office  of addiction [services] and
     8  [supports] mental health services."  Nothing in this  subdivision  shall
     9  be  construed as requiring or prohibiting the further amendment of stat-
    10  utes or regulations to conform to the provisions of this subdivision.
    11    § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281
    12  of the laws of 2019, is amended and two new sections 5.01-a  and  5.01-b
    13  are added to read as follows:
    14  § 5.01 Department of mental hygiene.
    15    There  shall  continue  to  be in the state government a department of
    16  mental hygiene. Within the  department  there  shall  be  the  following
    17  autonomous offices:
    18    (1) office of addiction and mental health services; and
    19    (2) office for people with developmental disabilities[;
    20    (3) office of addiction services and supports].
    21  § 5.01-a Office of addiction and mental health services.
    22    (a)  The office of addiction and mental health services shall be a new
    23  office within the department formed by the integration  of  the  offices
    24  and  services of mental health and addiction services and supports which
    25  shall focus on the integration of care and issues related to both mental
    26  illness and addiction in the state and  carry  out  the  intent  of  the
    27  legislature  in  establishing the offices pursuant to articles seven and
    28  nineteen of this chapter. The office  of  addiction  and  mental  health
    29  services is charged with ensuring the development of comprehensive plans
    30  for  the  integration  of programs and services in the area of research,
    31  prevention, care and treatment, co-occuring  disorders,  rehabilitation,
    32  education and training, and shall be staffed to perform the responsibil-
    33  ities  attributed  to  the office pursuant to sections 7.07 and 19.07 of
    34  this chapter and provide integrated services  and  programs  to  promote
    35  recovery  for  individuals with a mental health diagnosis, substance use
    36  disorder, or a mental health diagnosis and substance use disorder.
    37    (b) The commissioner of the office  of  addiction  and  mental  health
    38  services shall be vested with the powers, duties, and obligations of the
    39  office  of  mental  health  and  the  office  of  addiction services and
    40  supports.  Additionally, two deputy commissioners  shall  be  appointed,
    41  one  deputy  commissioner  to represent addiction services and supports,
    42  which shall be prominently represented to ensure the needs of  substance
    43  use  disorder communities are met, and one deputy commissioner to repre-
    44  sent mental health services.   In  conjunction  with  one  another,  the
    45  commissioners  shall develop a plan for integrating services which shall
    46  be made available for public comment.
    47    (c) The office of addiction and mental  health  services  may  license
    48  providers  to  provide integrated services for individuals with a mental
    49  health diagnosis, substance use disorder, or a mental  health  diagnosis
    50  and substance use disorder, in accordance with regulations issued by the
    51  commissioner.    Such direct licensing mechanism allows for resources to
    52  get to community-based organizations in an expedited manner.
    53    (d) The office of addiction and mental health services shall establish
    54  a standing advisory committee on addiction and mental  health  services.
    55  The standing advisory committee shall consist of seven members appointed
    56  by the governor as follows: (i) two members appointed on the recommenda-
        S. 5084--C                          3

     1  tion  of  the  temporary  president  of  the  senate;  (ii)  two members
     2  appointed on the recommendation of the speaker of  the  assembly;  (iii)
     3  one member appointed on the recommendation of the minority leader of the
     4  senate;  (iv) one member appointed on the recommendation of the minority
     5  leader of the assembly; and (v) one member appointed on the  recommenda-
     6  tion  of  the  department of health AIDS institute, the office of mental
     7  health and the office of addiction services and supports to  ensure  the
     8  intent  of  the legislature is fulfilled in establishing the integration
     9  of services by such office.   Such  standing  advisory  committee  shall
    10  consist  of  providers,  peers,  family  members,  individuals  who have
    11  utilized addiction services and supports and/or mental health  services,
    12  the  local government unit as defined in article forty-one of this chap-
    13  ter, public and private sector unions and representatives of other agen-
    14  cies or offices as the designated standing advisory committee  may  deem
    15  necessary.  Such  standing  advisory  committee  shall meet regularly in
    16  furtherance of its functions and at any other time at the request of the
    17  designated standing advisory committee leader.
    18  § 5.01-b Office of addiction and mental health services.
    19    Until  January  first,  two  thousand  twenty-three,  the  office   of
    20  addiction  and  mental  health  services  shall consist of the office of
    21  mental health and the office of addiction services and supports.
    22    § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281
    23  of the laws of 2019, is amended to read as follows:
    24  § 5.03 Commissioners.
    25    The head of the office of addiction and mental health  services  shall
    26  be  the  commissioner  of  [mental  health]  addiction and mental health
    27  services; and the head of the office for people with developmental disa-
    28  bilities shall be the commissioner of developmental  disabilities[;  and
    29  the  head  of the office of addiction services and supports shall be the
    30  commissioner of addiction  services  and  supports].  Each  commissioner
    31  shall  be  appointed by the governor, by and with the advice and consent
    32  of the senate, to serve at the pleasure of  the  governor.    Until  the
    33  commissioner of addiction and mental health services is appointed by the
    34  governor  and confirmed by the senate, the commissioner of mental health
    35  and the commissioner of addiction services and supports  shall  continue
    36  to  oversee  mental health and addiction services respectively, and work
    37  collaboratively to integrate  care  for  individuals  with  both  mental
    38  health and substance use disorders.
    39    §  4.  Section 5.05 of the mental hygiene law, as added by chapter 978
    40  of the laws of 1977, subdivision (a) as amended by chapter  168  of  the
    41  laws  of  2010, subdivision (b) as amended by chapter 294 of the laws of
    42  2007, paragraph 1 of subdivision (b) as amended by section 14 of part  J
    43  of  chapter  56 of the laws of 2012, subdivision (d) as added by chapter
    44  58 of the laws of 1988 and subdivision (e) as added by  chapter  588  of
    45  the laws of 2011, is amended to read as follows:
    46  § 5.05 Powers and duties of the head of the department.
    47    (a)  The  commissioners  of  the office of addiction and mental health
    48  services and the office for people with developmental  disabilities,  as
    49  the  heads  of the department, shall jointly visit and inspect, or cause
    50  to be visited and inspected, all facilities  either  public  or  private
    51  used  for  the  care,  treatment  [and], rehabilitation, and recovery of
    52  individuals with a mental  [illness]  health  diagnosis,  substance  use
    53  disorder  and developmental disabilities in accordance with the require-
    54  ments of section four of article seventeen of the New York state consti-
    55  tution.
        S. 5084--C                          4
 
     1    (b) (1) The commissioners  of  the  office  of  addiction  and  mental
     2  health[,] services and the office for people with developmental disabil-
     3  ities  [and the office of alcoholism and substance abuse services] shall
     4  constitute an inter-office coordinating council which,  consistent  with
     5  the  autonomy  of each office for matters within its jurisdiction, shall
     6  ensure that the state policy for the prevention, care, treatment  [and],
     7  rehabilitation,  and  recovery  of  individuals  with a mental [illness]
     8  health diagnosis, substance use disorders  and  developmental  disabili-
     9  ties[, alcoholism, alcohol abuse, substance abuse, substance dependence,
    10  and  chemical  dependence] is planned, developed and implemented compre-
    11  hensively; that gaps in services to individuals with multiple  disabili-
    12  ties  are eliminated and that no person is denied treatment and services
    13  because he or she has more than one disability; that procedures for  the
    14  regulation  of programs which offer care and treatment for more than one
    15  class of persons with mental disabilities  be  coordinated  between  the
    16  offices  having  jurisdiction  over  such  programs;  and  that research
    17  projects of the institutes, as identified in section 7.17  [or],  13.17,
    18  or  19.17  of  this chapter or as operated by the office for people with
    19  developmental disabilities, are coordinated to maximize the success  and
    20  cost  effectiveness  of  such  projects and to eliminate wasteful dupli-
    21  cation.
    22    (2) The inter-office  coordinating  council  shall  annually  issue  a
    23  report  on its activities to the legislature on or before December thir-
    24  ty-first.  Such annual report shall include, but not be limited to,  the
    25  following  information: proper treatment models and programs for persons
    26  with multiple disabilities and suggested improvements to such models and
    27  programs; research projects of the  institutes  and  their  coordination
    28  with  each other; collaborations and joint initiatives undertaken by the
    29  offices of the department; consolidation of regulations of each  of  the
    30  offices  of  the department to reduce regulatory inconsistencies between
    31  the offices; inter-office or  office  activities  related  to  workforce
    32  training  and  development;  data  on  the  prevalence,  availability of
    33  resources and service utilization by persons with multiple disabilities;
    34  eligibility standards of each office of the department affecting clients
    35  suffering from multiple disabilities, and  eligibility  standards  under
    36  which  a  client is determined to be an office's primary responsibility;
    37  agreements or arrangements on statewide, regional and  local  government
    38  levels addressing how determinations over client responsibility are made
    39  and  client  responsibility  disputes  are  resolved; information on any
    40  specific cohort of clients with multiple disabilities for which substan-
    41  tial barriers in  accessing  or  receiving  appropriate  care  has  been
    42  reported  or  is  known  to the inter-office coordinating council or the
    43  offices of the department; and coordination of  planning,  standards  or
    44  services for persons with multiple disabilities between the inter-office
    45  coordinating  council,  the  offices of the department and local govern-
    46  ments in accordance with the local planning requirements  set  forth  in
    47  article forty-one of this chapter.
    48    (c)  The  commissioners shall meet from time to time with the New York
    49  state conference of local mental hygiene directors to assure  consistent
    50  procedures  in  fulfilling the responsibilities required by this section
    51  and by article forty-one of this chapter.
    52    (d) [1.] (1) The commissioner of addiction and mental health  services
    53  shall  evaluate  the  type and level of care required by patients in the
    54  adult psychiatric centers authorized by section 7.17 of this chapter and
    55  develop appropriate comprehensive requirements for the staffing of inpa-
    56  tient wards. These  requirements  should  reflect  measurable  need  for
        S. 5084--C                          5

     1  administrative  and  direct  care staff including physicians, nurses and
     2  other clinical staff, direct  and  related  support  and  other  support
     3  staff, established on the basis of sound clinical judgment. The staffing
     4  requirements  shall include but not be limited to the following: (i) the
     5  level of care based on patient needs, including on ward activities, (ii)
     6  the number of admissions, (iii) the geographic location of each  facili-
     7  ty,  (iv) the physical layout of the campus, and (v) the physical design
     8  of patient care wards.
     9    [2.] (2) Such commissioner,  in  developing  the  requirements,  shall
    10  provide for adequate ward coverage on all shifts taking into account the
    11  number  of  individuals  expected  to be off the ward due to sick leave,
    12  workers' compensation, mandated training and all other off ward leaves.
    13    [3.] (3) The staffing requirements shall be designed  to  reflect  the
    14  legitimate  needs  of  facilities so as to ensure full accreditation and
    15  certification by appropriate regulatory bodies. The  requirements  shall
    16  reflect  appropriate industry standards. The staffing requirements shall
    17  be fully measurable.
    18    [4.] (4) The commissioner of  addiction  and  mental  health  services
    19  shall  submit  an  interim report to the governor and the legislature on
    20  the development of the staffing requirements on October first, [nineteen
    21  hundred eighty-eight] two thousand twenty-two and again on April  first,
    22  [nineteen  hundred  eighty-nine]  two thousand twenty-three. The commis-
    23  sioner shall submit a final report to the governor and  the  legislature
    24  no later than October first, [nineteen hundred eighty-nine] two thousand
    25  twenty-three  and  shall  include  in  his  report a plan to achieve the
    26  staffing requirements and the length of time  necessary  to  meet  these
    27  requirements.
    28    (e)  The commissioners of the office of addiction and mental health[,]
    29  services and the office for people with developmental disabilities[, and
    30  the office of alcoholism and substance abuse services]  shall  cause  to
    31  have  all  new  contracts  with  agencies  and providers licensed by the
    32  offices to have a clause requiring notice be provided to all current and
    33  new employees of such agencies and providers stating that all  instances
    34  of  abuse  shall  be  investigated  pursuant to this chapter, and, if an
    35  employee leaves employment prior to the conclusion of  a  pending  abuse
    36  investigation, the investigation shall continue. Nothing in this section
    37  shall  be  deemed to diminish the rights, privileges, or remedies of any
    38  employee under any other law  or  regulation  or  under  any  collective
    39  bargaining agreement or employment contract.
    40    §  5.  Section 7.01 of the mental hygiene law, as added by chapter 978
    41  of the laws of 1977, is amended to read as follows:
    42  § 7.01 Declaration of policy.
    43    The state of New York and its local governments have a  responsibility
    44  for the prevention and early detection of mental [illness] health disor-
    45  ders and for the comprehensively planned care, treatment [and], rehabil-
    46  itation and recovery of [their mentally ill citizens] individuals with a
    47  mental health diagnosis.
    48    Therefore, it shall be the policy of the state to conduct research and
    49  to  develop  programs  which  further  prevention and early detection of
    50  mental [illness] health disorders; to  develop  a  comprehensive,  inte-
    51  grated  system  of treatment [and], rehabilitative and recovery services
    52  for [the mentally ill] individuals with a mental health diagnosis.  Such
    53  a  system  should include, whenever possible, the provision of necessary
    54  treatment services to people in their home communities; it should assure
    55  the adequacy and appropriateness of residential arrangements for  people
    56  in  need of service; and it should rely upon improved programs of insti-
        S. 5084--C                          6
 
     1  tutional care only when  necessary  and  appropriate.  Further,  such  a
     2  system  should  recognize  the important therapeutic roles of all disci-
     3  plines which may contribute to the care or treatment  of  [the  mentally
     4  ill]  individuals  with  a  mental health diagnosis, such as psychology,
     5  social work, psychiatric nursing, special  education  and  other  disci-
     6  plines  in the field of mental illness, as well as psychiatry and should
     7  establish accountability for implementation of the policies of the state
     8  with regard to the care  [and],  rehabilitation  and  recovery  of  [the
     9  mentally ill] individuals with a mental health diagnosis.
    10    To  facilitate  the  implementation  of  these policies and to further
    11  advance the interests of [the mentally ill] individuals  with  a  mental
    12  health diagnosis and their families, a new autonomous agency to be known
    13  as  the  office  of addiction and mental health services has been estab-
    14  lished by this article. The office and its commissioner shall  plan  and
    15  work  with  local  governments, voluntary agencies and all providers and
    16  consumers of mental health services in order to  develop  an  effective,
    17  integrated,  comprehensive  system  for  the delivery of all services to
    18  [the mentally ill] individuals with a mental  health  diagnosis  and  to
    19  create  financing  procedures and mechanisms to support such a system of
    20  services to ensure that [mentally  ill]  persons  in  need  of  services
    21  receive  appropriate  care,  treatment and rehabilitation close to their
    22  families and communities. In carrying out  these  responsibilities,  the
    23  office  and its commissioner shall make full use of existing services in
    24  the community including those provided by voluntary organizations.
    25    § 6. Section 19.01 of the mental hygiene law, as added by chapter  223
    26  of the laws of 1992, is amended to read as follows:
    27  § 19.01 Declaration of policy.
    28    The legislature declares the following:
    29    [Alcoholism] Unhealthy alcohol use, substance [abuse] use disorder and
    30  chemical  dependence  pose major health and social problems for individ-
    31  uals and their families when left  untreated,  including  family  devas-
    32  tation,  homelessness, [and] unemployment, and death. It has been proven
    33  that successful prevention [and], integrated  treatment,  and  sustained
    34  recovery  can  dramatically  reduce  costs  to the health care, criminal
    35  justice and social welfare systems.
    36    The tragic, cumulative and often fatal  consequences  of  [alcoholism]
    37  unhealthy  alcohol  use and substance [abuse] use disorder are, however,
    38  preventable and treatable disabilities that require  a  coordinated  and
    39  multi-faceted network of services.
    40    The  legislature recognizes locally planned and implemented prevention
    41  as a primary means to avert the onset of [alcoholism] unhealthy  alcohol
    42  use and substance [abuse] use disorder. It is the policy of the state to
    43  promote  comprehensive, age appropriate education for children and youth
    44  and stimulate public awareness of the risks associated with [alcoholism]
    45  unhealthy alcohol use and substance [abuse] use disorder.  Further,  the
    46  legislature acknowledges the need for a coordinated state policy for the
    47  establishment  of  prevention  [and],  treatment,  and recovery programs
    48  designed to address the problems of  chemical  dependency  among  youth,
    49  including  prevention  and intervention efforts in school and community-
    50  based programs designed to identify and refer high risk youth in need of
    51  chemical dependency services.
    52    Substantial benefits can  be  gained  through  [alcoholism]  unhealthy
    53  alcohol  use  and  substance  [abuse]  use  disorder  treatment for both
    54  addicted individuals and their  families.  Positive  treatment  outcomes
    55  that  may be generated through a complete continuum of care offer a cost
    56  effective and comprehensive approach to [rehabilitating]  treating  such
        S. 5084--C                          7
 
     1  individuals.  The  primary  goals  of the [rehabilitation] treatment and
     2  recovery process are to [restore]  rebuild  social,  family,  lifestyle,
     3  vocational and economic supports by stabilizing an individual's physical
     4  and  psychological  functioning.   The legislature recognizes the impor-
     5  tance of varying treatment approaches and levels  of  care  designed  to
     6  meet   each  [client's]  individual's  needs.    [Relapse]  Reoccurrence
     7  prevention and aftercare are two primary components  of  treatment  that
     8  serve to promote and maintain recovery.
     9    The  legislature  recognizes  that  the  distinct  treatment  needs of
    10  special populations, including women and women  with  children,  persons
    11  with  HIV  infection, persons [diagnosed] with a mental [illness] health
    12  diagnosis, persons who [abuse] misuse chemicals, the homeless and veter-
    13  ans with posttraumatic stress disorder, merit particular  attention.  It
    14  is  the intent of the legislature to promote effective interventions for
    15  such populations in need of particular attention. The  legislature  also
    16  recognizes  the  importance of family support for individuals in alcohol
    17  or substance [abuse] use disorder treatment and  recovery.  Such  family
    18  participation  can  provide lasting support to the recovering individual
    19  to [prevent relapse and maintain] support sustained recovery. The inter-
    20  generational cycle of chemical dependency within families can be  inter-
    21  cepted through appropriate interventions.
    22    The  state of New York and its local governments have a responsibility
    23  in coordinating the delivery of [alcoholism] unhealthy alcohol  use  and
    24  substance  [abuse]  use disorder services, through the entire network of
    25  service providers.  To  accomplish  these  objectives,  the  legislature
    26  declares that the establishment of a single, unified office of [alcohol-
    27  ism  and  substance  abuse]  addiction  and  mental health services will
    28  provide an integrated  framework  to  plan,  oversee  and  regulate  the
    29  state's  prevention and treatment network. In recognition of the growing
    30  trends and incidence of chemical dependency, this  consolidation  allows
    31  the  state  to  respond  to the changing profile of chemical dependency.
    32  The legislature recognizes that  some  distinctions  exist  between  the
    33  [alcoholism]  unhealthy  alcohol  use and substance [abuse] use disorder
    34  field  and  the  mental  health  field  and  where  appropriate,   those
    35  distinctions  may  be  preserved.  Accordingly,  it is the intent of the
    36  state to establish  one  office  of  [alcoholism  and  substance  abuse]
    37  addiction  and  mental health services in furtherance of a comprehensive
    38  service delivery system.
    39    § 7. Upon or prior to January 1, 2023, the governor  may  nominate  an
    40  individual  to  serve  as  commissioner  of  the office of addiction and
    41  mental health services. If such individual is confirmed  by  the  senate
    42  prior  to  January  1,  2023,  they shall become the commissioner of the
    43  office of addiction and mental health services.  The governor may desig-
    44  nate a person to exercise the powers of the commissioner of  the  office
    45  of  addiction  and  mental  health  services  on  an acting basis, until
    46  confirmation of a nominee by the senate, who  is  hereby  authorized  to
    47  take  such  actions as are necessary and proper to implement the orderly
    48  transition of the  functions,  powers  as  duties  as  herein  provided,
    49  including  the preparation for a budget request for the office as estab-
    50  lished by this act.
    51    § 8. Upon the transfer pursuant to  this  act  of  the  functions  and
    52  powers  possessed by and all of the obligations and duties of the office
    53  of mental health and the office of addiction services  and  supports  as
    54  established  pursuant  to  the mental hygiene law and other laws, to the
    55  office of addiction and mental health services  as  prescribed  by  this
    56  act,  provision shall be made for the transfer of all employees from the
        S. 5084--C                          8
 
     1  office of mental  health  and  the  office  of  addiction  services  and
     2  supports  into  the  office  of  addiction  and  mental health services.
     3  Employees so transferred shall be transferred without  further  examina-
     4  tion  or qualification to the same or similar titles and shall remain in
     5  the same collective bargaining units and shall retain  their  respective
     6  civil  service  classifications,  status,  and  rights pursuant to their
     7  collective bargaining units and collective bargaining agreements.
     8    § 9. Notwithstanding any contrary provision of law, on or before Octo-
     9  ber 1, 2022 and annually thereafter, the office of addiction and  mental
    10  health  services,  in  consultation with the department of health, shall
    11  issue a report, and post such report on their public website,  detailing
    12  the  office's  expenditures  for  addiction  and mental health services,
    13  including total Medicaid spending directly by the state to  licensed  or
    14  designated  providers and payments to managed care providers pursuant to
    15  section 364-j of the social services law. The office  of  addiction  and
    16  mental  health  services shall examine reports produced pursuant to this
    17  section and may make recommendations to the governor and the legislature
    18  regarding appropriations for addiction and  mental  health  services  or
    19  other  provisions of law which may be necessary to effectively implement
    20  the creation and continued operation of the office.
    21    § 10. Any financial saving realized from the creation of the office of
    22  addiction and mental health services shall be reinvested in the services
    23  and supports funded by such office.
    24    § 11. Severability. If any clause,  sentence,  paragraph,  section  or
    25  part  of  this act shall be adjudged by any court of competent jurisdic-
    26  tion to be invalid, such judgment shall not affect, impair or invalidate
    27  the remainder thereof, but shall be confined in  its  operation  to  the
    28  clause,  sentence,  paragraph, section or part thereof directly involved
    29  in the controversy in which such judgment shall have been rendered.
    30    § 12. This act shall take effect immediately.  Effective  immediately,
    31  the  office  of  mental  health and the office of addiction services and
    32  supports are authorized to promulgate  the  addition,  amendment  and/or
    33  repeal of any rule or regulation or engage in any work necessary for the
    34  implementation  of  this act on its effective date authorized to be made
    35  and completed on or before such effective date.

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