Requires the commissioner of the office of addiction services and supports to require mental health evaluations for participants in substance use disorder treatment programs and to promulgate rules and regulations to effectuate such requirement.
This bill would amend the Mental Hygiene Law to require the Commissioner of the Office of Addiction Services and Supports (OASAS) to ensure that participants in certified substance use disorder treatment programs receive a mental health evaluation by a licensed professional qualified to diagnose mental health disorders. If appropriate, the evaluator must refer the participant to outpatient mental health treatment, and transportation to that outpatient care must be provided. The bill also directs OASAS to establish a bureau of qualified licensed providers to perform these evaluations.
The bill further allows certified programs to use their own employees or independent contractors to provide both the evaluation and treatment for people with co-occurring disorders, and authorizes certification of outpatient treatment programs in OASAS-certified facilities for such patients. It states that a mental health diagnosis cannot be used to deny admission to, or expel someone from, a certified substance use disorder treatment facility, and it removes or relaxes regulatory barriers that the commissioner determines would interfere with effective co-occurring-disorder treatment. The bill also requires access to prior substance abuse and mental health treatment records for evaluation and treatment purposes, and directs the commissioner to issue rules on telehealth, transportation reimbursement, and billing/reimbursement for integrated services.
The bill would expand the duties of OASAS and alter the regulatory framework for substance use disorder treatment programs by making mental health screening a required component of care. It would affect certified SUD treatment providers, licensed mental health professionals, and programs serving people with co-occurring substance use and mental health disorders, while also creating new expectations around record access, transportation support, telehealth, and reimbursement. In practical terms, it would push New York’s treatment system toward more integrated behavioral health services and could change admission, referral, and billing practices in OASAS-certified settings.
Based on the bill text and the absence of recorded committee debate or votes, the overall sentiment appears supportive of integrated treatment and improved access to mental health services for people in addiction treatment. The measure is framed as a treatment-expansion and coordination bill rather than a punitive one, emphasizing evaluation, referral, and continuity of care. No formal vote history or transcript discussion is available to indicate organized opposition or support beyond the bill’s stated policy goals.
The main points of potential contention are the mandatory nature of the mental health evaluation requirement, the broad access to prior substance abuse and mental health records, and the commissioner’s authority to waive or set aside existing statutory or regulatory provisions that could be obstacles to co-occurring-disorder treatment. Providers may also scrutinize the operational and financial implications of required transportation, telehealth implementation, and reimbursement rules. Another possible issue is the bill’s allowance for programs to use their own staff or contractors for both evaluation and treatment, which could raise questions about oversight, staffing standards, and certification requirements.