S 489: Refers individuals to appropriate service providers that are able to provide services to such individual within seventy-two hours for substance use disorders.

  
  STATE OF NEW YORK ________________________________________________________________________ 489 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. FERNANDEZ, ASHBY, HELMING, ROLISON, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Use Disorders AN ACT to amend the public health law, in relation to referring individ- uals to appropriate service providers for substance use disorders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2803-u of the public health law, as added by 2 section 1 of part C of chapter 70 of the laws of 2016 and subdivision 1 3 as amended by section 1 of subpart B of part BB of chapter 57 of the 4 laws of 2019, is amended to read as follows: 5 § 2803-u. Hospital substance use disorder policies and procedures. 1. 6 The office of [alcoholism and substance abuse] addiction services and 7 supports, in consultation with the department, shall develop or utilize 8 existing educational materials to be provided to general hospitals to 9 disseminate to individuals with a documented substance use disorder or 10 who appear to have or be at risk for a substance use disorder during 11 discharge planning pursuant to section twenty-eight hundred three-i of 12 this article. Such materials shall include information regarding the 13 various types of harm reduction, treatment, and recovery services, 14 including but not limited to: overdose prevention and syringe exchange 15 services; inpatient, outpatient, and medication-assisted treatment; how 16 to recognize the need for treatment or other substance use disorder 17 services; information for individuals to determine what type and level 18 of care or treatment is most appropriate and what resources are avail- 19 able to them; and any other information the commissioner deems appropri- 20 ate. General hospitals shall include in their policies and procedures 21 treatment protocols, consistent with medical standards, to be utilized 22 by the emergency departments in general hospitals for the appropriate 23 use of medication-assisted treatment, including, but not limited to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01842-01-5 
 S. 489 2 1 buprenorphine, prior to discharge, or referral protocols for evaluation 2 of medication-assisted treatment when initiation in an emergency depart- 3 ment of a general hospital is not feasible. 4 2. Every general hospital shall: (a) within existing or in addition to 5 current policies and procedures, develop, maintain and disseminate, 6 written policies and procedures, for the identification, assessment, and 7 referral of individuals with a documented substance use disorder or who 8 appear to have or be at risk for a substance use disorder as defined in 9 section 1.03 of the mental hygiene law. Patient referrals shall be 10 arranged on a specific date, with specific inpatient or outpatient 11 substance use treatment organization. Except as provided in paragraph 12 (c) of this subdivision, such policies and procedures shall require 13 every hospital to offer treatment, including medication assisted treat- 14 ment when deemed necessary, to the individual within seventy-two hours 15 of such individual being diagnosed with a substance use disorder, 16 provided, further, that every hospital shall immediately address symp- 17 toms of withdrawal; 18 (b) establish and implement training, within existing or in addition 19 to current training programs, for all individuals licensed or certified 20 pursuant to title eight of the education law who provide direct patient 21 care regarding the policies and procedures established pursuant to this 22 section; and 23 (c) except where an individual has come into the hospital under 24 section 22.09 of the mental hygiene law, if the hospital does not 25 directly provide substance use disorder services, or the individual 26 refuses services, then [it] the hospital shall refer such individuals in 27 need of substance use disorder services to [and coordinate with 28 substance use disorder services programs] an appropriate service provid- 29 er that [provide] provides behavioral health services, as defined in 30 section 1.03 of the mental hygiene law, or a hypodermic syringe and 31 needle exchange program authorized pursuant to section 80.135 of part 80 32 of title 10 of the New York state codes, rules and regulations, that has 33 the ability to provide services to the individual within seventy-two 34 hours. 35 3. Upon commencement of treatment, admission, or discharge of an indi- 36 vidual with a documented substance use disorder or who appears to have 37 or be at risk for a substance use disorder, including discharge from the 38 emergency department, such hospital shall inform the individual of the 39 availability of the substance use disorder treatment services that may 40 be available to them through a substance use disorder or harm reduction 41 services program and, if requested, refer the individual to the appro- 42 priate services. Such efforts to refer the individual shall be docu- 43 mented in such individual's medical record. 44 4. The commissioner, in consultation with the commissioner of the 45 office of [alcoholism and substance abuse] addiction services and 46 supports, shall make regulations as may be necessary and proper to carry 47 out the provisions of this section. 48 § 2. This act shall take effect on the first of January next succeed- 49 ing the date on which it shall have become a law.