New York A 3974: Provides for the examination of the re-entry of incarcerated individuals

Bill Text

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A03974 Summary:

BILL NOA03974 

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SAME ASNo Same As

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SPONSORForrest

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COSPNSR

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MLTSPNSR

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Add §7.49, Ment Hyg L

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Creates the office of the ombudsperson for behavioral health access.

Go to top A03974 Actions:

BILL NOA03974 

&nbsp

01/30/2025referred to mental health

01/07/2026referred to mental health

Go to topA03974 Committee&nbspVotes:

Go to topA03974 Floor&nbspVotes:

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

Go to topA03974 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3974

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. FORREST -- read once and referred to the Commit-
 tee on Mental Health

 AN ACT to amend the mental hygiene law, in relation to creating the
 office of the ombudsperson for behavioral health access

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

 1 Section 1. The mental hygiene law is amended by adding a new section
 2 7.49 to read as follows:
 3 § 7.49 Behavioral health access ombudsperson.
 4 (a) For the purposes of this section, the following terms shall have
 5 the following meanings:
 6 1. "Office of the ombudsperson" shall mean the office of the ombud-
 7 sperson for behavioral health access.
 8 2. "Ombudsperson" shall mean the ombudsperson for behavioral health
 9 access to care.
 10 (b) There is hereby created the office of the ombudsperson for behav-
 11 ioral health access for the purpose of assisting New Yorkers in access-
 12 ing behavioral health care.
 13 (c) The office of the ombudsperson and the department of mental
 14 hygiene shall operate pursuant to a memorandum of understanding between
 15 the two entities. The memorandum of understanding shall contain, at a
 16 minimum:
 17 1. a requirement that the office of the ombudsperson has its own
 18 personnel rules;
 19 2. a requirement that the ombudsperson has independent hiring and
 20 termination authority over office of the ombudsperson employees;
 21 3. a requirement that the office of the ombudsperson shall follow
 22 state fiscal rules;
 23 4. a requirement that the office shall offer the office of the ombud-
 24 sperson limited support with respect to:
 25 (i) personnel matters;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07354-01-5

 A. 3974 2

 1 (ii) recruitment;
 2 (iii) payroll;
 3 (iv) benefits;
 4 (v) budget submission, as needed;
 5 (vi) accounting; and
 6 (vii) office space, facilities, and technical support; and
 7 5. any other provisions regarding administrative support that will
 8 help maintain the independence of the office of the ombudsperson.
 9 (d) The office of the ombudsperson shall operate with full independ-
 10 ence and with complete autonomy, control, and authority over operations,
 11 budget, and personnel decisions related to the office of the ombudsper-
 12 son and the ombudsperson.
 13 (e) 1. On or before January first, two thousand twenty-six, the gover-
 14 nor shall designate an ombudsperson for behavioral health access to
 15 care, who shall serve as director of the office of the ombudsperson.
 16 2. The ombudsperson shall serve as a neutral party to help consumers,
 17 including consumers who are uninsured or have public or private health
 18 benefit coverage, including coverage that is not subject to state regu-
 19 lation, and health care providers acting on their own behalf, on behalf
 20 of a consumer with the consumer's written permission, or on behalf of a
 21 group of health care providers, navigate and resolve issues related to
 22 consumer access to behavioral health care, including care for mental
 23 health conditions and substance use disorders.
 24 (f) The ombudsperson shall:
 25 1. interact with consumers and health care providers with concerns or
 26 complaints to help such consumers and providers resolve behavioral
 27 health care access and coverage issues;
 28 2. identify, track, and report to the appropriate regulatory or over-
 29 sight agency concerns, complaints, and potential violations of state or
 30 federal rules, regulations, or statutes concerning the availability of,
 31 and terms and conditions of, benefits for mental