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S T A T E O F N E W Y O R K
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329--C
Cal. No. 309
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. JACKSON, SANTABARBARA, CHANDLER-WATERMAN -- read
once and referred to the Committee on Mental Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Mental Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- advanced to a third reading, passed by Assembly and delivered
to the Senate, recalled from the Senate, vote reconsidered, bill
amended, ordered reprinted, retaining its place on the order of third
reading
AN ACT to amend the mental hygiene law, the public health law and the
social services law, in relation to setting integrated behavioral
health services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
36.08 to read as follows:
§ 36.08 INTEGRATED BEHAVIORAL HEALTH SERVICES.
(A) FOR THE PURPOSE OF THIS SECTION "INTEGRATED BEHAVIORAL HEALTH
SERVICES" MEANS THE SYSTEMATIC COORDINATION OF EVIDENCE-BASED HEALTH
CARE SERVICES, TO INCLUDE THE PREVENTATIVE, DIAGNOSTIC, THERAPEUTIC AND
REHABILITATIVE CARE AND TREATMENT OF MENTAL ILLNESS, ADDICTION AND THE
PROVISION OF PHYSICAL HEALTH SERVICES, OTHERWISE PROVIDED BY A MENTAL
HEALTH PROGRAM LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THIS TITLE, OR
ADDICTION DISORDER SERVICES PROVIDED BY A PROVIDER CERTIFIED PURSUANT TO
ARTICLE THIRTY-TWO OF THIS TITLE TO ANY INDIVIDUAL, INCLUDING CHILDREN
AND YOUTH, SEEKING SERVICES REGARDLESS OF THEIR PRIMARY DIAGNOSIS;
PROVIDED, HOWEVER, THAT THE SCOPE OF SUCH SERVICES MAY BE RESTRICTED
PURSUANT TO REGULATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00591-10-6
A. 329--C 2
(B) (I) THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS ARE AUTHORIZED TO JOINTLY
ESTABLISH A SINGLE LICENSE AND SET OF REGULATIONS, STANDARDS AND
REQUIREMENTS FOR THE CONSTRUCTION, OPERATION, REPORTING AND OVERSIGHT OF
INTEGRATED BEHAVIORAL HEALTH SERVICES. SUCH REGULATIONS, STANDARDS, AND
REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) SCOPE OF INTEGRATED BEHAVIORAL HEALTH SERVICES;
(B) A JOINT APPLICATION REVIEW PROCESS FOR INTEGRATED BEHAVIORAL
HEALTH SERVICES;
(C) FACILITATION OF INTEGRATED TREATMENT RECORDS THAT COMPLY WITH
APPLICABLE FEDERAL AND STATE CONFIDENTIALITY REQUIREMENTS;
(D) STAFFING STANDARDS AND QUALIFICATIONS FOR INTEGRATED BEHAVIORAL
HEALTH SERVICES CONSISTENT WITH APPLICABLE SCOPE OF PRACTICE REQUIRE-
MENTS UNDER TITLE EIGHT OF THE EDUCATION LAW;
(E) DEVELOPMENT OF BILLING AND REIMBURSEMENT STRUCTURES TO ENABLE THE
PROVISION OF INTEGRATED BEHAVIORAL HEALTH SERVICES TO INDIVIDUALS
REGARDLESS OF THEIR PRIMARY DIAGNOSIS OR HEALTHCARE COMPLAINT, PROVIDED
HOWEVER, THAT REIMBURSEMENT FOR INTEGRATED BEHAVIORAL HEALTH SERVICES
SHALL NOT BE LESS THAN THE APPLICABLE REIMBURSEMENT PURSUANT TO THE
AMBULATORY PATIENT GROUP METHODOLOGY FOR THE SAME OR SIMILAR SERVICES
WHEN PROVIDED BY A PROGRAM LICENSED PURSUANT TO ARTICLE THIRTY-ONE OR
CERTIFIED PURSUANT TO ARTICLE THIRTY-TWO OF THIS TITLE;
(F) PHYSICAL PLANT STANDARDS;
(G) STANDARDS FOR INCIDENT REPORTING AND REMEDIATION PURSUANT TO ARTI-
CLE ELEVEN OF THE SOCIAL SERVICES LAW;
(H) PATIENT PROTECTIONS AND RELATED SAFEGUARDS INCLUDING:
(1) PATIENT RIGHTS;
(2) MANDATORY REPORTING OF CHILD ABUSE AND MALTREATMENT;
(3) REPORTING OF CRIMES ALLEGED TO HAVE OCCURRED AGAINST PATIENTS;
(4) CONSENT TO TREATMENT;
(5) CONFIDENTIALITY OF, ACCESS TO, AND SEALING OF TREATMENT RECORDS;
(6) INCIDENT NOTIFICATION TO PARENTS OR GUARDIANS OF PATIENTS; AND
(7) ANY ADDITIONAL STANDARDS DEEMED NECESSARY BY THE COMMISSIONERS TO
ENSURE THE RIGHTS AND SAFETY OF PATIENTS ARE MET;
(I) CORPORATE STRUCTURE AND GOVERNANCE;
(J) THE SUSPENSION, REVOCATION, OR LIMITATION OF A LICENSE ISSUED
PURSUANT TO THIS SECTION; AND
(K) UTILIZATION REVIEW.
(II) THE REGULATIONS, STANDARDS AND REQUIREMENTS FOR INTEGRATED BEHAV-
IORAL HEALTH SERVICES SHALL, TO THE EXTENT POSSIBLE, BE IN ACCORDANCE
WITH STANDARDS REQUIRED UNDER ARTICLE NINETEEN, TWENTY-TWO, THIRTY-ONE,
THIRTY-TWO, AND THIRTY-THREE OF THIS CHAPTER WHICH WOULD OTHERWISE APPLY
TO PATIENTS IN FACILITIES OPERATED, LICENSED, OR CERTIFIED AS APPLICA-
BLE. THE COMMISSIONERS SHALL BE AUTHORIZED TO RESOLVE INCONSISTENCIES OR
CONFLICTS AMONG SUCH REGULATIONS, STANDARDS, OR REQUIREMENTS BY REGU-
LATION.
(C) NO PROVIDER SHALL BE LICENSED TO PROVIDE INTEGRATED BEHAVIORAL
HEALTH SERVICES UNLESS THEY HAVE SUFFICIENTLY DEMONSTRATED, CONSISTENT
WITH THE STANDARDS AND REQUIREMENTS SET FORTH BY THE COMMISSIONERS,
EXPERIENCE IN THE DELIVERY OF MENTAL HEALTH AND ADDICTION SERVICES.
§ 2. Section 36.06 of the mental hygiene law is amended by adding two
new subdivisions (c) and (d) to read as follows:
(C) PROVIDERS LICENSED PURSUANT TO THIS ARTICLE SHALL BE CONSIDERED
CONTRACTED, LICENSED, APPROVED OR OTHERWISE AUTHORIZED BY THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS AND THE OFFICE OF MENTAL HEALTH FOR THE
PURPOSE OF SECTIONS 19.20, 19.20-A, AND 31.35 OF THIS CHAPTER, AS MAY BE
A. 329--C 3
APPLICABLE. PROVIDERS SHALL BE REQUIRED TO COMPLY WITH THE REVIEW OF
CRIMINAL HISTORY INFORMATION, AS REQUIRED IN SUCH SECTIONS, FOR PROSPEC-
TIVE EMPLOYEES OR VOLUNTEERS WHO WILL HAVE REGULAR AND SUBSTANTIAL UNSU-
PERVISED OR UNRESTRICTED PHYSICAL CONTACT WITH THE CLIENTS OF SUCH
PROVIDER.
(D) THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AND THE OFFICE OF
MENTAL HEALTH, IN CONSULTATION WITH THE JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL JOINTLY PROMULGATE REGU-
LATIONS ESTABLISHING THE PROCESS BY WHICH A PROVIDER SHALL COMPLY WITH
THIS SECTION.
§ 3. Subdivision 4 of section 488 of the social services law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) AN INTEGRATED BEHAVIORAL HEALTH SERVICES PROGRAM LICENSED UNDER
SECTION 36.08 OF THE MENTAL HYGIENE LAW;
§ 4. Subdivision 1 of section 2801 of the public health law, as
amended by section 2 of part E of chapter 57 of the laws of 2023, is
amended to read as follows:
1. "Hospital" means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary, of a dentist, or, in the
case of a midwifery birth center, of a midwife, for the prevention,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, including, but not limited to, a general hospital,
public health center, diagnostic center, treatment center, a rural emer-
gency hospital under 42 USC 1395x(kkk), or successor provisions, dental
clinic, dental dispensary, rehabilitation center other than a facility
used solely for vocational rehabilitation, nursing home, tuberculosis
hospital, chronic disease hospital, maternity hospital, midwifery birth
center, lying-in-asylum, out-patient department, out-patient lodge,
dispensary and a laboratory or central service facility serving one or
more such institutions, but the term hospital shall not include an
institution, sanitarium or other facility engaged principally in provid-
ing services for the prevention, diagnosis or treatment of mental disa-
bility and which is subject to the powers of visitation, examination,
inspection and investigation of the department of mental hygiene except
for those distinct parts of such a facility which provide hospital
service. The provisions of this article shall not apply to a facility or
institution engaged principally in providing services by or under the
supervision of the bona fide members and adherents of a recognized reli-
gious organization whose teachings include reliance on spiritual means
through prayer alone for healing in the practice of the religion of such
organization and where services are provided in accordance with those
teachings. No provision of this article [or any other provision of law]
shall be construed to[: (a)] LIMIT THE VOLUME OF PRIMARY CARE SERVICES
THAT CAN BE PROVIDED BY A PROGRAM LICENSED TO PROVIDE INTEGRATED BEHAV-
IORAL HEALTH SERVICES, AS DEFINED IN SECTION 36.08 OF THE MENTAL HYGIENE
LAW. NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL
BE CONSTRUED TO: (A) limit the volume of mental health, substance use
disorder services or developmental disability services that can be
provided by a provider of primary care services licensed under this
article and authorized to provide integrated services in accordance with
regulations issued by the commissioner in consultation with the commis-
sioner of the office of mental health, the commissioner of the office of
[alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS and the commissioner of the office for people with develop-
mental disabilities, including regulations issued pursuant to subdivi-
A. 329--C 4
sion seven of section three hundred sixty-five-l of the social services
law or part L of chapter fifty-six of the laws of two thousand twelve;
(b) require a provider licensed pursuant to article thirty-one of the
mental hygiene law or certified pursuant to article sixteen or article
thirty-two of the mental hygiene law to obtain an operating certificate
from the department if such provider has been authorized to provide
integrated services in accordance with regulations issued by the commis-
sioner in consultation with the commissioner of the office of mental
health, the commissioner of the office of [alcoholism and substance
abuse services] ADDICTION SERVICES AND SUPPORTS and the commissioner of
the office for people with developmental disabilities, including regu-
lations issued pursuant to subdivision seven of section three hundred
sixty-five-l of the social services law or part L of chapter fifty-six
of the laws of two thousand twelve; OR (C) REQUIRE A PROVIDER LICENSED
UNDER SECTION 36.08 OF THE MENTAL HYGIENE LAW TO OBTAIN A LICENSE FROM
THE DEPARTMENT.
§ 5. The opening paragraph of subdivision (a) and subdivision (f) of
section 31.02 of the mental hygiene law, the opening paragraph of subdi-
vision (a) as amended by chapter 804 of the laws of 1975 and as renum-
bered by chapter 978 of the laws of 1977, and subdivision (f) as amended
by section 2 of part Z of chapter 57 of the laws of 2019, are amended to
read as follows:
Except as provided in [subdivision] SUBDIVISIONS (b) AND (F) of this
section no provider of services shall engage in any of the following
activities without an operating certificate issued by the commissioner
pursuant to this article:
(f) No provision of this article or any other provision of law shall
be construed to: (I) require a provider licensed pursuant to article
twenty-eight of the public health law or certified pursuant to article
sixteen or article thirty-two of this chapter to obtain an operating
certificate from the office of mental health if such provider has been
authorized to provide integrated services in accordance with regulations
issued by the commissioner of the office of mental health in consulta-
tion with the commissioner of the department of health, the commissioner
of the office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS and the commissioner of the office for people with
developmental disabilities, including regulations issued pursuant to
subdivision seven of section three hundred sixty-five-l of the social
services law or part L of chapter fifty-six of the laws of two thousand
twelve; OR (II) REQUIRE A PROVIDER LICENSED UNDER SECTION 36.08 OF THIS
TITLE TO OBTAIN A LICENSE FROM THE OFFICE OF MENTAL HEALTH. FURTHER-
MORE, NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL
BE CONSTRUED TO LIMIT THE VOLUME OF MENTAL HEALTH SERVICES BY A PROGRAM
LICENSED TO PROVIDE INTEGRATED BEHAVIORAL HEALTH SERVICES, AS DEFINED IN
SECTION 36.08 OF THIS TITLE.
§ 6. Subdivision (b) of section 32.05 of the mental hygiene law, as
amended by section 3 of part Z of chapter 57 of the laws of 2019 and
paragraph (i) as amended by chapter 511 of the laws of 2025, is amended
to read as follows:
(b) (i) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be adminis-
tered to a person with substance use disorder, as defined in section
thirty-three hundred two of the public health law, by individual physi-
cians, groups of physicians and public or private medical facilities
certified pursuant to article twenty-eight or thirty-three of the public
health law as part of a chemical dependence program which has been
A. 329--C 5
issued an operating certificate by the commissioner pursuant to subdivi-
sion (b) of section 32.09 of this article, provided, however, that such
administration must be done in accordance with all applicable federal
and state laws and regulations. Individual physicians or groups of
physicians who have obtained authorization from the federal government
to administer buprenorphine to people with substance use disorder may do
so without obtaining an operating certificate from the commissioner.
(ii) No provision of this article or any other provision of law shall be
construed to: (A) require a provider licensed pursuant to article twen-
ty-eight of the public health law, article thirty-one of this [chapter]
TITLE or a provider certified pursuant to article sixteen of this chap-
ter to obtain an operating certificate from the office of [alcoholism
and substance abuse] ADDICTION services AND SUPPORTS if such provider
has been authorized to provide integrated services in accordance with
regulations issued by the commissioner of [alcoholism and substance
abuse] ADDICTION services AND SUPPORTS in consultation with the commis-
sioner of the department of health, the commissioner of the office of
mental health and the commissioner of the office for people with devel-
opmental disabilities, including regulations issued pursuant to subdivi-
sion seven of section three hundred sixty-five-l of the social services
law or part L of chapter fifty-six of the laws of two thousand
twelve[.]; OR (B) REQUIRE A PROVIDER LICENSED UNDER SECTION 36.08 OF
THIS TITLE TO OBTAIN AN OPERATING CERTIFICATE FROM THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS. FURTHERMORE, NO PROVISION OF THIS ARTI-
CLE OR ANY OTHER PROVISION OF LAW SHALL BE CONSTRUED TO LIMIT THE VOLUME
OF ADDICTION SERVICES BY A PROGRAM LICENSED TO PROVIDE INTEGRATED BEHAV-
IORAL HEALTH SERVICES, AS DEFINED IN SECTION 36.08 OF THIS TITLE.
§ 7. Subdivisions (a) and (b) of section 43.02 of the mental hygiene
law, as amended by section 3 of part OO of chapter 58 of the laws of
2015, are amended to read as follows:
(a) Notwithstanding any inconsistent provision of law, payment made by
government agencies pursuant to title eleven of article five of the
social services law for services provided by any facility licensed by
the office of mental health pursuant to article thirty-one of this chap-
ter [or], certified by the office of [alcoholism and substance abuse
services] ADDICTION SERVICES AND SUPPORTS pursuant to this chapter to
provide inpatient chemical dependence services, as defined in section
1.03 of this chapter, OR FACILITIES JOINTLY LICENSED BY THE OFFICE OF
MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS PURSUANT
TO ARTICLE THIRTY-SIX OF THIS TITLE, shall be at rates or fees certified
by the commissioner of the respective office OR OFFICES and approved by
the director of the division of the budget, provided, however, the
commissioner of mental health shall annually certify such rates or fees
which may vary for distinct geographical areas of the state and,
provided, further, that rates or fees for service for inpatient psychi-
atric services or inpatient chemical dependence services, at hospitals
otherwise licensed pursuant to article twenty-eight of the public health
law shall be established in accordance with section [two thousand eight]
TWENTY-EIGHT hundred seven of the public health law and, provided,
further, that rates or fees for services provided by any facility or
program licensed, operated or approved by the office for people with
developmental disabilities, shall be certified by the commissioner of
health; provided, however, that such methodologies shall be subject to
approval by the office for people with developmental disabilities and
shall take into account the policies and goals of such office.
A. 329--C 6
(b) Operators of facilities licensed by the office of mental health
pursuant to article thirty-one of this chapter, licensed by the office
for people with developmental disabilities pursuant to article sixteen
of this chapter [or], certified by the office of [alcoholism and
substance abuse] ADDICTION services AND SUPPORTS pursuant to this chap-
ter to provide inpatient chemical dependence services, OR FACILITIES
JOINTLY LICENSED BY THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS PURSUANT TO ARTICLE THIRTY-SIX OF THIS
TITLE, shall provide to the commissioner of the respective office such
financial, statistical and program information as the commissioner may
determine to be necessary. The commissioner of the appropriate office OR
OFFICES shall have the power to conduct on-site audits of books and
records of such facilities.
§ 8. This act shall take effect on the date that the rates of
reimbursement for integrated behavioral health services are approved and
certified by the office of mental health and the office of addiction
services and supports pursuant to subparagraph (E) of paragraph (i) of
subdivision (b) of section 36.08 of the mental hygiene law as added by
section one of this act or the regulations issued in accordance with
subdivision (d) of section 36.06 of the mental hygiene law as added by
section two of this act become effective, whichever is later; provided
that the office of mental health shall notify the legislative bill
drafting commission upon the occurrence of the enactment of rates of
reimbursement for integrated behavioral services or such regulations
become effective as provided for in section one of this act in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law. Effective immediately,
the commissioner of the office of mental health and the commissioner of
the office of addiction services and supports are authorized to issue
any rule or regulation necessary for the implementation of this act on
or before its effective date.Every fact on this page links to its source, starting with the official bill record.