June 6, 2022
Below is a list of the bills that passed both houses this session that may be of interest to NYS Council members. Sharing as an FYI. We are working on our comprehensive Health and Mental Hygiene end of session bill update which we will send out later this week.
We also thought this article provides a good high level summary of what got done at end of session: https://www.gothamgazette.com/state/11358-2022-state-legislative-session-end-albany
Many thanks to Marcy Savage at Reid, McNally and Savage for pulling this list together for us.
Bills That Passed Both Houses during 2022 and may be of interest to NYS Council Members
To view the text/sponsor’s memo for any bills, go to: https://nyassembly.gov/leg/?
| Bill No. | |
| A372 | Rosenthal L — Relates to prohibiting co-payments for treatment at an opioid treatment program Same as S 5690 HARCKHAM SUMM : Amd §§3216, 3221 & 4303, Ins L Relates to prohibiting insurance companies from imposing co-payments for treatment at an opioid treatment program. Last Act: 05/25/22 RETURNED TO ASSEMBLY |
| A1171A | Bronson — Requires blanket health insurance policies to provide coverage for outpatient treatment by mental health practitioners; repealer Same as S 6574-A KENNEDY SUMM : Amd §§3216, 3221 & 4303, rpld §3221 sub§ (l) ¶4 sub¶ (D), §4303 sub§ (i), Ins L Requires blanket health insurance policies to provide coverage for outpatient treatment by mental health practitioners (mental health counsellors, marriage and family therapists, creative arts therapists and psychoanalysts) licensed pursuant to article 163 of the education law. Last Act: 05/24/22 RETURNED TO ASSEMBLY |
| A2263 | Fernandez — Relates to the maximum age at which a homeless youth can continue to receive shelter services Same as S 813 BIAGGI SUMM : Amd §532-d, Exec L Relates to the maximum age at which a homeless youth can continue to receive shelter services; raises the age from twenty-one to twenty-four. Last Act: 05/31/22 RETURNED TO ASSEMBLY |
| A2441 | Aubry — Conforms the definition of an inmate with a serious mental illness to the definition of “person with a serious mental illness” in the mental hygiene law Same as S 2144 SEPULVEDA SUMM : Amd §137, Cor L Conforms the definition of an inmate with a serious mental illness to the definition of “person with a serious mental illness” in the mental hygiene law. Last Act: 05/10/22 RETURNED TO ASSEMBLY |
| A3276 | Gunther — Relates to prohibiting the application of fail-first or step therapy protocols to coverage for the diagnosis and treatment of mental health conditions Same as S 5909 KAMINSKY SUMM : Amd §§3216, 3221 & 4303, Ins L Prohibits the application of fail-first or step therapy protocols to coverage for the diagnosis and treatment of mental health conditions. Last Act: 05/24/22 RETURNED TO ASSEMBLY |
| A4908 | Solages — Relates to establishing a task force to identify evidence-based and evidence informed solutions to reduce children’s exposure to adverse childhood experience Same as S 8320 BRISPORT SUMM : Establishes a task force to identify evidence-based and evidence informed solutions to reduce children’s exposure to adverse childhood experiences. Last Act: 05/11/22 RETURNED TO ASSEMBLY |
| A6506 | Gunther — Requires the commissioner of the office of mental health to provide monthly status reports of the community investments and the impact on inpatient census Same as S 4253 SKOUFIS SUMM : Add §7.49, Ment Hyg L Requires the commissioner of the office of mental health to provide monthly status reports of the community investments and the impact on inpatient census to the chair of the senate finance committee and the chair of the assembly ways and means committee and to post such report on the office’s website. Last Act: 03/03/22 RETURNED TO ASSEMBLY |
| A7357A | Abinanti — Establishes a pilot program to create an assistance hotline for individuals with intellectual and developmental disabilities and complex behavioral needs Same as S 6274-B MANNION SUMM : Amd §13.17, Ment Hyg L Establishes a pilot program to create an assistance hotline for individuals with intellectual and developmental disabilities and complex behavioral needs. Last Act: 05/31/22 RETURNED TO ASSEMBLY |
| A7469 | Cruz — Relates to requiring policies and contracts that provide coverage for prescription drugs to include coverage of an immediate additional thirty-day supply of a prescription drug during a state disaster emergency Same as S 4856 REICHLIN-MELNICK SUMM : Amd §§3242 & 4329, Ins L Requires policies and contracts that provide coverage for prescription drugs to include coverage of an immediate additional thirty-day supply of a prescription drug during a state disaster emergency. Last Act: 05/24/22 RETURNED TO ASSEMBLY |
| A7652 | Gunther — Relates to the residency requirement for designated beneficiaries of the ABLE program Same as S 9335 BROUK SUMM : Amd §84.03, Ment Hyg L Relates to the residency requirement for designated beneficiaries of the ABLE program and the definition of designated beneficiary. State Comptroller Last Act: 05/24/22 RETURNED TO ASSEMBLY |
| A7686 | Frontus — Provides crisis intervention team training, mental health first aid, implicit bias training and naloxone training to firefighters and emergency medical services personnel Same as S 7144 SANDERS SUMM : Amd §36.01, Ment Hyg L Provides addiction and mental health services training, including crisis intervention team training, mental health first aid, implicit bias training and naloxone training, to firefighters and emergency medical services personnel. Eff. Date 10/01/2021 (See Table) Last Act: 05/06/22 signed chap.185 |
| A7889A | Gottfried — Relates to audit and review of medical assistance program funds by the Medicaid inspector general Same as S 4486-B HARCKHAM SUMM : Amd §§30-a & 32, add §§37 & 38, Pub Health L; amd §363-d, Soc Serv L Amends provisions relating to audit and review of medical assistance program funds by the Medicaid inspector general; prohibits additional review without error or new information; requires application of rules in place at the time funds were paid to providers; requires notice to recipients of medical assistance funds of certain investigations. Last Act: 05/25/22 RETURNED TO ASSEMBLY |
| A8163A | Epstein — Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program Same as S 7313-A HARCKHAM SUMM : Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program. Last Act: 06/01/22 RETURNED TO ASSEMBLY |
| A8386A | McDonald — Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals Same as S 7349-A HARCKHAM SUMM : Amd §32.29, Ment Hyg L Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals while bathing, sleeping, using restrooms and receiving individual counseling services, while also allowing for maximization of the use of such facility. Last Act: 05/23/22 RETURNED TO ASSEMBLY |
| A8540A | Burdick — Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used Same as S 7548-A HARCKHAM SUMM : Amd §4402, Ed L Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used. Last Act: 05/18/22 RETURNED TO ASSEMBLY |
| A8728 | Cusick — Relates to the members of the veterans’ mental health and suicide prevention task force Same as S 7804 SANDERS SUMM : Amd §2, Chap of 2021 (as proposed in S.1788-A & A.5836-A) Adds four members to the veterans’ mental health and suicide prevention task force including the commissioner of the office of mental health, the director of veterans’ services, the commissioner of the office of alcoholism and substance abuse services, and the commissioner of health, or their designees. Eff. Date 02/20/2022 (See Table) Last Act: 02/24/22 signed chap.36 |
| A9344A | Steck — Provides outreach services to make certain stakeholders aware of the independent substance use disorder and mental health ombudsman program Same as S 8057-A HARCKHAM SUMM : Amd §33.27, Ment Hyg L Provides outreach services to make certain stakeholders aware of the independent substance use disorder and mental health ombudsman program. Last Act: 05/31/22 RETURNED TO ASSEMBLY |
| A9348 | Cusick — Establishes the fentanyl abuse and overdose prevention task force Same as S 8516 SAVINO SUMM : Establishes the fentanyl abuse and overdose prevention task force to conduct a comprehensive study on fentanyl abuse and overdose prevention and to report on the findings and recommendations of the task force. Last Act: 06/01/22 RETURNED TO ASSEMBLY |
| A9442A | Gottfried — Relates to notification of changes to the model contract with managed care providers under the medical assistance program Same as S 9207 RIVERA SUMM : Amd §364-j, Soc Serv L Requires notification of changes to the model contract with managed care providers under the medical assistance program on the DOH website and in the state register. Last Act: 06/02/22 RETURNED TO ASSEMBLY |
| A9730 | Gunther — Requires an annual report for the independent substance use disorder and mental health ombudsman program Same as S 8219-A HARCKHAM SUMM : Amd §33.27, Ment Hyg L Requires an annual report for the independent substance use disorder and mental health ombudsman program by October 31st each year. Last Act: 05/24/22 RETURNED TO ASSEMBLY |
| A9950 | Gunther — Directs the commissioner of mental health to publish information on the office of mental health website about the mental illness anti-stigma distinctive license plates Same as S 9057 BROUK SUMM : Amd §7.09, Ment Hyg L Directs the commissioner of mental health to publish information on the office of mental health website about the mental illness anti-stigma distinctive license plates. Last Act: 05/25/22 RETURNED TO ASSEMBLY |
| A10139 | Gunther — Establishes a temporary commission to study aging in place in mental health housing Same as S 9041 BROUK SUMM : Establishes a temporary commission to study aging in place in mental health housing; provides for the repeal of such commission upon expiration thereof. Last Act: 05/24/22 RETURNED TO ASSEMBLY |
| S334A | MYRIE — Requires the commissioner of mental health to issue a report on short term crisis respite programs and intensive crisis respite programs Same as A 9743 Fernandez SUMM : Amd §7.09, Ment Hyg L Requires the commissioner of mental health to issue a report on short term crisis respite programs and intensive crisis respite programs. Last Act: 05/24/22 returned to senate |
| S345 | KAPLAN — Requires the office of addiction services and supports to develop training materials for screening for alcoholism and chemical dependency Same as A 8419 Cymbrowitz SUMM : Amd §19.07, Ment Hyg L Requires the office of addiction services and supports to develop training materials for health care providers and qualified health professionals, recognized by the office to enable the implementation of the screening, brief intervention, and referral to treatment program, regarding screening for alcoholism and chemical dependency. Last Act: 05/16/22 returned to senate |
| S2976A | HARCKHAM — Relates to providing discharged patients with opioid overdose education and opioid antagonists for take home use Same as A 348-A Braunstein SUMM : Add §32.40, Ment Hyg L; add §§149-a & 511, Cor L; amd §2803-u, Pub Health L Requires the provision of opioid overdose educational materials and two doses of an opioid antagonist to certain patients being discharged or conditionally released from an inpatient facility and to certain previously incarcerated individuals upon discharge from incarceration; requires the provision of two doses of opioid antagonists to certain patients upon discharge from a hospital. Last Act: 05/18/22 returned to senate |
| S3448A | HINCHEY — Relates to opioid overdose prevention in college housing Same as A 4485-B O’Donnell SUMM : Add §6438-a, Ed L Relates to opioid overdose prevention in college housing; requires training of resident assistants in the administration of opioid antagonists. Last Act: 05/11/22 returned to senate |
| S3520 | BAILEY — Makes certain community centers eligible for nonprofit infrastructure capital investment program awards Same as A 7831 Anderson SUMM : Add §402-f, Pub Hous L Makes a community center physically located within a New York city housing authority facility eligible to apply for and receive funding from the nonprofit infrastructure capital investment program. Last Act: 06/03/22 returned to senate |
| S4620C | BRESLIN — Enacts the “patient Rx information and choice expansion act” Same as A 5411-D McDonald SUMM : Add §341-a, Ins L Requires health plans operating in the state to furnish the cost, benefit, and coverage data as required to the enrollee, his or her health care provider, or the third-party of his or her choosing. Last Act: 05/31/22 returned to senate |
| S5628 | BAILEY — Relates to criminal history record checks of certain foster youths Same as A 81 Quart SUMM : Amd §378-a, Soc Serv L Provides that a foster youth who has obtained the age of eighteen shall not be required to receive a criminal history record check unless the youth’s foster or adoptive parent or guardian is being certified to care for an additional foster youth who is under the age of eighteen; makes related provisions. Last Act: 03/23/22 returned to senate |
| S5734A | RYAN — Requires a study of the issues impacting the continuum of caregiving in the state Same as A 6202-A Barrett SUMM : Requires a multi-agency study of the issues impacting the continuum of caregiving in the state; requires the submission of a report of the findings, conclusions and recommendations from such study to the governor and the legislature. Last Act: 05/11/22 returned to senate |
| S7199A | GOUNARDES — Relates to prohibiting certain provisions in insurance contracts Same as A 8169-A Cruz SUMM : Amd §3217-b, Ins L Prohibits certain provisions in health plan contracts including most-favored-nation provisions and restrictions on disclosure of actual claim costs, prices or quality in certain situations. Last Act: 06/03/22 returned to senate |
| S7693 | HARCKHAM — Relates to the council for treatment equity within the office of addiction services and supports Same as A 8781 Rosenthal L SUMM : Amd §§19.45 & 5.06, Ment Hyg L (as proposed in S.679-A & A.1927-A) Relates to the council for treatment equity within the office of addiction services and supports; eliminates the treatment equity advisory board; adds 4 members to the behavioral health services advisory council who have expertise in issues facing vulnerable populations. Eff. Date 06/20/2022 (See Table) Last Act: 01/24/22 SIGNED CHAP.4 |
| S7703 | BAILEY — Relates to certain functions of the office of addiction services and supports, and to use of the term incarcerated individuals Same as A 8843 Rosenthal L SUMM : Amd §§626, 45 & 505, Cor L; amd §19.18-c, Ment Hyg L; amd §4, Chap of 2021 (as proposed in S.1795 & A.533) Relates to certain functions of the office of addiction services and supports, and to use of the term incarcerated individuals. Eff. Date 03/18/2022 (See Table) Last Act: 03/18/22 SIGNED CHAP.147 |
| S7738 | BROOKS — Relates to reporting of a veteran’s suicide Same as A 8715 Hunter SUMM : Amd §677, County L; amd §353, Exec L (as proposed in S.2036-B & A.3237-A); amd §201, Pub Health L Provides that the coroner, coroner’s physician or medical examiner shall report to the division of veterans’ services, in a form and time frame developed by the department of health, any death which appears to be a suicide by a person who, to the knowledge of the coroner, coroner’s physician or medical examiner, is a veteran; defines veteran. Eff. Date 06/07/2022 (See Table) Last Act: 02/24/22 SIGNED CHAP.95 |
| S7752 | BROUK — Relates to the establishment of a maternal mental health workgroup Same as A 9085 Clark SUMM : Directs the commissioner of mental health to establish a maternal mental health workgroup to study and issue recommendations related to maternal mental health and perinatal and postpartum mood and anxiety disorders; identifies underrepresented and vulnerable populations and risk factors in the state for maternal mental health disorders that may occur during pregnancy and through the first postpartum year. Last Act: 06/02/22 returned to senate |
| S7753 | BROUK — Requires the office of mental health and the department of health to conduct a study on the disparate impacts regarding postpartum depression screening tests Same as A 9102 Gonzalez-Rojas SUMM : Requires the office of mental health and the department of health to conduct a study on the disparate impacts regarding postpartum depression screening tests and to prepare and submit a report of findings and recommendations to the governor, the temporary president of the senate, the speaker of the assembly, and the senate and assembly minority leaders. Last Act: 05/16/22 returned to senate |
| S7761 | SAVINO — Makes care and services provided by licensed mental health counselors and marriage and family therapists eligible for coverage under the Medicaid program Same as A 8702 Bronson SUMM : Amd §365-a, Soc Serv L (as proposed in S.6575 & A.6323) Makes care and services provided by licensed mental health counselors and marriage and family therapists eligible for coverage under the Medicaid program. Eff. Date 03/29/2022 (See Table) Last Act: 02/24/22 SIGNED CHAP.97 |
| S7798 | HINCHEY — Requires reporting on excessive alcohol consumption and opioid overuse data Same as A 8776 Rosenthal L SUMM : Amd §3309, add §2998-f, Pub Health L; amd §2, Chap 66 of 2016 (as proposed in S.6571 & A.6166-A) Requires reporting of the health risk factors connected with excessive alcohol consumption in addition to existing opioid overdose reporting requirements; requires the commissioner of health to submit an annual statewide report and provide updated data to counties every three months; extends certain overdose reporting requirements. Eff. Date 02/24/2022 (See Table) Last Act: 02/24/22 SIGNED CHAP.113 |
| S7850 | BROUK — Repeals article 6-B of the county law; and relates to a 9-8-8 suicide prevention and mental health crisis hotline system Same as A 8711 Gunther SUMM : Rpld Art 6-B, County L (as proposed in S.6194-B & A.7177-B) Directs the commissioner of the office of mental health, in consultation with the commissioner and the office of addiction services and supports to submit a report that details the resources necessary to make the National Suicide Prevention Lifeline, otherwise known as the 9-8-8 suicide prevention and mental health crisis hotline system, available, operational, and effective across the state. Eff. Date 12/22/2021 (See Table) Last Act: 02/24/22 SIGNED CHAP.135 |
| S7870 | RIVERA — Relates to statewide opioid settlements and the opioid settlement fund Same as A 8757 Woerner SUMM : Amd §§99-nn & 4, St Fin L; amd §25.18, Ment Hyg L; amd §63, Exec L Provides that moneys expended from the opioid settlement fund shall be used consistent with the terms of any statewide opioid settlement agreements; provides such fund shall consist of money received by the state pursuant to any statewide opioid settlement agreements; relates to the membership of the opioid settlement board. Eff. Date 06/29/2021 (See Table) Last Act: 03/18/22 SIGNED CHAP.171 |
| S8231A | SALAZAR — Requires the office of children and family services to submit an annual report about juvenile recidivism and cost of juvenile incarceration Same as A 9090-A Kelles SUMM : Add §501-i, Exec L Requires the office of children and family services to submit an annual report about juvenile recidivism and cost of juvenile incarceration. Last Act: 05/17/22 returned to senate |
| S8633A | COMRIE — Relates to establishing the nightlife opioid antagonist program Same as A 9697-A Griffin SUMM : Add §3309-b, Pub Health L Establishes the nightlife opioid antagonist program to allow certain establishments to apply and receive an opioid antagonist, free of charge, to be administered to patrons, staff or individuals on premises of such establishment in the case of an emergency. Last Act: 06/03/22 returned to senate |
| S9113A | SKOUFIS — Authorizes certain health care providers to file an application for an extreme risk protection order against a person examined by such health care provider in certain circumstances Same as A 10502 RULES COM Cahill SUMM : Amd §§6340 & 6341, add §6348, CPLR; add §214-h, amd §840, Exec L; amd §400.00, Pen L; amd §9.46, Ment Hyg L Authorizes the filing of an application for an extreme risk protection order by a licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registerered professional nurse, licensed master social worker or licensed mental health counselor ho has examined the person against whom the order is sought. Last Act: 06/03/22 DELIVERED TO GOVERNOR |
| S9408 | PARKER — Replaces an instance of the office of alcoholism and substance abuse services with the office of addiction services and supports when referring to developing the veterans stigma campaign Same as A 10140 Lunsford SUMM : Amd §7.09, Ment Hyg L; amd §2, Chap 378 of 2019 Replaces an instance of the office of alcoholism and substance abuse services with the office of addiction services and supports when referring to developing the veterans stigma campaign; makes such provisions relating to the veterans stigma campaign permanent. Last Act: 06/01/22 returned to senate |
| S9449 | BROUK — Relates to required clinical education for certain mental health practitioners and other mental health professionals Same as A 6008-E Bronson SUMM : Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions. Last Act: 06/02/22 returned to senate |