New York 2025-2026 Regular Session

New York Assembly Bill A03974

Introduced
1/30/25  
Refer
1/30/25  

Caption

Creates the office of the ombudsperson for behavioral health access.

Summary

This bill would amend the Mental Hygiene Law to create an Office of the Ombudsperson for Behavioral Health Access. The new office would be established to help New Yorkers navigate and resolve problems accessing behavioral health care, including services for mental health conditions and substance use disorders. The ombudsperson would serve as a neutral party for consumers and health care providers, including people with uninsured, public, private, or otherwise non-state-regulated coverage, and could assist with complaints, appeals, referrals, and information about coverage and care access. The bill also sets up an administrative framework intended to preserve the office’s independence. It requires a memorandum of understanding between the office and the Department of Mental Hygiene, gives the office independent hiring and termination authority, and provides that it will operate with autonomy over its operations, budget, and personnel decisions while still following state fiscal rules. The governor would be required to designate an ombudsperson by January 1, 2026, and the office would have reporting duties to state officials and legislative committees each year.

Impact

If enacted, the bill would add a new section to the Mental Hygiene Law and create a new state office focused on behavioral health access and consumer assistance. It would affect the Department of Mental Hygiene, the Department of Financial Services, insurers, health care providers, and consumers seeking mental health or substance use disorder treatment. The office would also be tasked with identifying and reporting possible violations of state and federal law, including issues involving quantitative and non-quantitative treatment limitations, and with coordinating referrals and complaints to appropriate oversight agencies.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the bill appears to be framed positively as a consumer-access and oversight measure. Its stated purpose is to improve navigation of behavioral health systems and help resolve coverage and access problems, suggesting a generally supportive policy intent. No formal vote history or transcript evidence is provided here to indicate organized opposition or support beyond the bill’s introduction and referral.

Contention

The main policy tension in the bill is between creating an independent consumer advocate and preserving administrative control within state government. The bill explicitly requires autonomy in operations, budget, and personnel, while also tying the office to the Department of Mental Hygiene through a memorandum of understanding and limited administrative support. Another possible point of contention is the office’s authority to identify and report potential legal or regulatory violations involving insurers and treatment limitations, which could draw scrutiny from health plans, providers, or agencies concerned about oversight scope and confidentiality obligations.

Companion Bills

No companion bills found.

Previously Filed As

NY A05006

Creates the district long-term care ombudsperson council program to coordinate volunteer ombudsperson's in each assembly district.

NY S05746

Creates the district long-term care ombudsperson council program to coordinate volunteer ombudsperson's in each assembly district.

IL SB3413

CMS-HEALTH CARE OMBUDSPERSONS

FL S1710

Office of the Department of Corrections Ombudsperson

NY S07745

Creates the cooperative and condominium ombudsperson program; authorizes the residential unit tax; establishes the cooperative and condominium ombudsperson program fund.

NY A10286

Creates the cooperative and condominium ombudsperson program; authorizes the residential unit tax; establishes the cooperative and condominium ombudsperson program fund.

WI AB1222

Creating an office of the ombudsperson for corrections and making an appropriation. (FE)

CA SB471

Office of the Developmental Services Ombudsperson.

NJ S2856

Creates Office of Nonprofit Ombudsperson in Department of Treasury; appropriates $329,000.

NJ A3495

Creates Office of Nonprofit Ombudsperson in Department of Treasury; appropriates $329,000.

Similar Bills

CA AB541

California Public Records Act Ombudsperson.

NJ A3453

Requires Corrections Ombudsperson review criminal investigations under certain circumstances.

IL HB3316

CD CORR-DEPT OMBUDSPERSON

WI AB1222

Creating an office of the ombudsperson for corrections and making an appropriation. (FE)

CA SB471

Office of the Developmental Services Ombudsperson.

IL HB1643

CORRECTIONS OMBUDSPERSON

IL SB1860

STATE DISABILITY OMBUDSPERSON

CA SB1189

Advance health care directive of a skilled nursing facility patient.