New York S 8309: Relates to outpatient mental health, substance use disorder, residential and rehabilitation services and Medicaid fee-for-service

Status: PRINT NUMBER 8309A (as of 2026-01-23)

State: New York · Session: 2025-2026 · Bill: S 8309

Sponsors: Samra Brouk, Cordell Cleare, Gustavo Rivera, Jamaal Bailey, Jeremy Cooney, Kevin S. Parker, Kristen Gonzalez, Nathalia Fernandez, Pete Harckham, Robert Jackson, Sam Sutton, Siela Bynoe

Bill Text

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S08309 Summary:

BILL NOS08309A

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SAME ASSAME AS A08055-A

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SPONSORBROUK

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COSPNSRBAILEY, BYNOE, CLEARE, COONEY, FERNANDEZ, GONZALEZ, HARCKHAM, JACKSON, PARKER, RIVERA, SUTTON

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MLTSPNSR

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Amd §§364-j & 365-m, Soc Serv L

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Returns outpatient mental health, substance use disorder, residential and rehabilitation services to Medicaid fee-for-service.

Go to top S08309 Actions:

BILL NOS08309A

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05/30/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

01/23/2026AMEND (T) AND RECOMMIT TO HEALTH

01/23/2026PRINT NUMBER 8309A

Go to topS08309 Committee&nbspVotes:

Go to topS08309 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08309 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8309--A

 2025-2026 Regular Sessions

 IN SENATE

 May 30, 2025
 ___________

 Introduced by Sens. BROUK, BAILEY, CLEARE, FERNANDEZ, HARCKHAM, JACKSON,
 RIVERA -- read twice and ordered printed, and when printed to be
 committed to the Committee on Health -- recommitted to the Committee
 on Health in accordance with Senate Rule 6, sec. 8 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the social services law, in relation to returning outpa-
 tient mental health, substance use disorder, residential and rehabili-
 tation services to Medicaid fee-for-service

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 364-j of the social services law
 2 is amended by adding three new paragraphs (d-5), (d-6) and (d-7) to read
 3 as follows:
 4 (d-5) Subject to federal approval, outpatient mental health services
 5 as determined by the commissioner of the office of mental health,
 6 provided to individuals with mental illness at facilities or in programs
 7 licensed pursuant to article thirty-one of the mental hygiene law or
 8 clinics serving individuals with mental illness licensed pursuant to
 9 article thirty-one of the mental hygiene law, or dually licensed pursu-
 10 ant to article twenty-eight of the public health law and article thir-
 11 ty-one of the mental hygiene law shall be administered and managed under
 12 fee-for-service in the medical assistance program.
 13 (d-6) Subject to federal approval, outpatient substance use services,
 14 residential services and rehabilitation services as determined by the
 15 commissioner of the office of addiction services and supports, provided
 16 to individuals with substance use disorder at facilities or in programs
 17 licensed pursuant to article thirty-two of the mental hygiene law or
 18 clinics servicing individuals with substance use disorders licensed
 19 pursuant to article thirty-two of the mental hygiene law, dually
 20 licensed pursuant to article twenty-eight of the public health law and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11629-03-6

 S. 8309--A 2

 1 article thirty-two of the mental hygiene law, or residential and reha-
 2 bilitation services regulated by the office of addiction services and
 3 supports excluding services under part eight hundred sixteen and part
 4 eight hundred eighteen of the regulations of the office of addiction
 5 services and supports shall be administered and managed under fee-for-
 6 service in the medical assistance program.
 7 (d-7) Subject to federal approval, comprehensive Medicaid case manage-
 8 ment services provided to individuals with mental illness or substance
 9 use disorder shall be administered and managed under fee-for-service in
 10 the medical assistance program.
 11 § 2. Section 365-m of the social services law is amended by adding a
 12 new subdivision 6 to read as follows:
 13 6. (a) Pursuant to appropriations within the office of mental health
 14 and the office of addiction services and supports, the department of
 15 health shall reinvest savings realized through the transition of outpa-
 16 tient and other mental health and substance use disorder services pursu-
 17 ant to paragraph (d) of subdivision three of section three hundred
 18 sixty-four-j of this title from the managed care model to the Medicaid
 19 fee-f

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