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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8386A
SPONSOR: McDonald TITLE OF BILL:
An act to amend the mental hygiene law, in relation to the construction
of facilities for chemical dependence services that promote the privacy
of individuals
PURPOSE:
Relates to the construction of facilities for chemical dependence
services that promote the privacy of individuals
SUMMARY OF PROVISIONS:
Section 1 amends subdivision (b) of section 32.29 of the mental hygiene
law to provide that facilities receiving funding from the office of
addiction services and supports be designed and constructed in a manner
that promotes privacy while bathing, sleeping, using restrooms, and
receiving individual counseling services, while also allowing for maxim-
ization of the use of such facilities.
Section 2 provides the effective date.
JUSTIFICATION:
When it comes to recovery, the atmosphere at a treatment facility and
the comfort of its accommodations can be as important as the psychoso-
cial therapies. Substance use treatment often involves medical treatment
that may have unpleasant physical effects. The facilities which offer
treatment should, at minimum, provide privacy to those individuals seek-
ing treatment while bathing, sleeping, using restrooms, and receiving
individual counseling services. Quality accommodations and amenities can
motivate individuals to stay in treatment, maintain their dignity and
experience the full benefits of therapy.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8386--A
2021-2022 Regular Sessions
IN ASSEMBLY
October 20, 2021
___________
Introduced by M. of A. McDONALD, BURDICK, GOTTFRIED, GALEF, GRIFFIN,
FAHY, KELLES, SILLITTI, LEMONDES, J. A. GIGLIO, J. M. GIGLIO -- read
once and referred to the Committee on Alcoholism and Drug Abuse --
reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to the construction
of facilities for chemical dependence services that promote the priva-
cy of individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision (b) of section 32.29
2 of the mental hygiene law, as added by chapter 558 of the laws of 1999,
3 is amended and a new paragraph 4 is added to read as follows:
4 The construction of a facility shall require the prior approval of
5 such commissioner if the provider of services seeking to engage in such
6 construction receives funding from the office of [alcoholism and
7 substance abuse] addiction services and supports pursuant to this chap-
8 ter and/or seeks a funding source for such construction project other
9 than from the mental health services facilities improvement program, or
10 its successor agency, directly or indirectly through a closely related
11 entity; provided, however, that such facilities shall be designed and
12 constructed in a manner that promotes privacy while bathing, sleeping,
13 using restrooms and receiving individual counseling services, while also
14 allowing for maximization of the use of such facility.
15 4. The determinations regarding privacy considerations as required
16 under this subdivision shall only apply to new construction. The fail-
17 ure to meet privacy considerations in existing construction shall not
18 impede the commissioner's approval of new construction.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13103-04-2
