NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7050
SPONSOR: Brown K TITLE OF BILL:
An act to amend the mental hygiene law, in relation to establishing a
co-occurring disorders patient bill of rights
PURPOSE OR GENERAL IDEA OF BILL:
To establish a co-occurring disorders patient bill of rights.
SUMMARY OF PROVISIONS:
Section 1: The mental hygiene law is amended by adding a new section
19.47. Co-occurring disorders patient bill of rights. The office shall,
in conjunction with state agencies which interact with persons with
co-occurring disorders including, but not limited to, the office of
mental health, department of social services, office of children and
family services, and• the department of education, adopt a co-occurring
disorders patient bill of rights.
Section 2: Identifies effective date.
JUSTIFICATION:
Co-occurring Disorder, according to the Substance Abuse and Mental
Health Services Administration (SAMHSA), refers to the coexistence of
both a mental illness and a substance use disorder (SUD). A 2022
National survey on Drug Use and Health showed that approximately 21.5
million adults in the US have a co-occurring disorder.
The National Institute of Drug Abuse estimates that approximately 50% of
people with mental illnesses will develop a substance use disorder over
the course of their lifetimes, and 50% of those with substance use
disorders will develop a mental health condition. It is also well-docu-
mented that juveniles with substance use disorders often have co-occur-
ring mental health conditions such as depression and anxiety.
The Pew Charitable Trusts analyzed data from the National Survey on Drug
Use and Health and found that people with co-occurring disorders were
unlikely to receive treatment for more than one disorder, even though
research demonstrates that simultaneous, coordinated treatment for
multiple diagnoses produce better outcomes compared with separate treat-
ment for only mental illness or substance use disorder.
Researchers have found that communities with more treatment availability
may have lower crime and jail incarceration rates. An increased focus on
the needs of people with co-occurring disorders-particularly on inte-
grated treatment for both mental illness and substance use-could make an
even larger impact on the number of people entering and cycling back
through the justice system.
A report from Case Western University showed that historically, people
with co-occurring disorders have been excluded from mental health treat-
ment because of their substance use disorders. Likewise, they have been
excluded from substance abuse treatment because of their severe mental
health symptoms. As a result, they frequently have not gotten the help
they need.
Additionally, they found that The Integrated Dual Disorder Treatment
(IDDT) model improves quality of life for people with co-occurring
severe mental illness and substance use disorders, by combining
substance abuse services with mental health services. It helps people
address both disorders at the same time-in the same service organization
by the same team of treatment providers.
This bill will help to ensure that individuals with co-occurring disor-
ders receive the proper treatment they need through the enactment of the
patient bill of rights.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.10257
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
7050
2025-2026 Regular Sessions
IN ASSEMBLY
March 20, 2025
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to establishing a
co-occurring disorders patient bill of rights
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 19.47 to read as follows:
3 § 19.47 Co-occurring disorders patient bill of rights.
4 The office shall, in conjunction with state agencies which interact
5 with persons with co-occurring disorders including, but not limited to,
6 the office of mental health, department of social services, office of
7 children and family services, department of corrections, department of
8 health, department of financial services, and the department of educa-
9 tion, adopt a co-occurring disorders patient bill of rights which shall
10 include, but not be limited to:
11 1. The right to be welcomed/nondiscrimination: Individuals and fami-
12 lies seeking and receiving treatment for co-occurring disorders shall
13 receive services without regard to age, race, color, sexual orientation,
14 religion, marital status, sex, disability, gender identity, national
15 origin, payment source or any other protected basis.
16 2. The right to have co-occurring disorders needs accurately recog-
17 nized: Individuals with co-occurring disorders, and their families,
18 shall receive appropriate screening for the presence of co-occurring
19 disorders, accurate documentation of the results of that screening,
20 complete access to their health records and cost estimates, and timely
21 access to competent re-assessments when needed.
22 3. The right to receive co-occurring disorders services matched to
23 needs: Individuals shall receive integrated, co-occurring disorders
24 capable services for their co-occurring mental health and substance use
25 disorder conditions that are appropriately matched to their needs and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10310-01-5
A. 7050 2
1 preferences, including, but not limited to acuity, severity, and stage
2 of change for each condition. This right shall apply to mental health
3 and/or substance use disorder addiction programs for adults and/or chil-
4 dren and youth in hospital-based, residential, community-based settings
5 and at school-based mental health satellites.
6 4. The right to receive the highest quality of co-occurring disorders
7 treatment: In every setting, individuals and families shall receive
8 high-quality evidence-based co-occurring disorders services, including a
9 full array of best and promising practices for medication and non-medi-
10 cation interventions for both mental health and substance use disorder
11 needs.
12 5. The right to continuity of care: Individuals with co-occurring
13 disorders, and their families, shall receive appropriately matched help
14 for both conditions for as long as they need that help. The expectation
15 that individuals can rely on self-help after only a single episode of
16 care in a program with limited length of stay shall be deemed inappro-
17 priate for people who are likely to have not one, but two persistent
18 conditions that may require help for an extended time-period.
19 6. The right to help and hope for family and loved ones: Families
20 shall be involved in contributing to the care of their loved ones, and
21 receiving quality education, support, and treatment to help them heal.
22 7. The right for people at risk to have access to prevention: Young
23 people with either mental health or substance use disorder are at higher
24 risk of developing co-occurring disorders, and their families, and shall
25 receive educational and preventive interventions as soon as possible in
26 both normative settings, including but not limited to schools, and in
27 treatment settings, including but not limited to behavioral health
28 programs treating children and youth.
29 8. The right to accountability and redress: Consumers shall receive
30 services within a fully transparent system where payors, providers and
31 government work in partnership, guided by input from people and families
32 with lived experience.
33 9. The right to a peer advocate: People with co-occurring disorders
34 shall receive peer support services providing hope, advocacy, and
35 systems navigation. To adequately serve people with co-occurring disor-
36 ders, such peer support services shall include, but not be limited to, a
37 robust and collaborative peer workforce with diverse and specialized
38 lived expertise as well as cross-training, ensuring person-driven,
39 recovery-oriented, trauma-informed, culturally fluent services.
40 10. The right to receive services from adequately resourced providers:
41 People with co-occurring disorders needs shall receive services from
42 providers of all types who are paid appropriately to serve those with
43 the greatest need.
44 11. The right to safe housing: People with co-occurring disorders and
45 without access to a permanent residence shall receive safe supportive
46 housing that is recovery-oriented, and encourages independence.
47 § 2. This act shall take effect on the ninetieth day after it shall
48 have become a law. Effective immediately, the addition, amendment and/or
49 repeal of any rule or regulation necessary for the implementation of
50 this act on its effective date are authorized to be made and completed
51 on or before such effective date.
