N.Y. MHY Law § 33.27 — New York Code / Act MHY / Title E / Article 33 / Section 33.27
Independent substance use disorder and mental health ombudsman
Status: in_force

§ 33.27 Independent substance use disorder and mental health ombudsman.\n  (a) There is hereby established the office of the independent\nsubstance use disorder and mental health ombudsman program that will be\noperated or selected by the office of addiction services and supports,\nin consultation with the office of mental health for the purpose of\nassisting individuals with a substance use disorder and/or mental\nillness to ensure that they receive appropriate health insurance\ncoverage. The office of addiction services and supports in consultation\nwith the office of mental health shall provide annual outreach services\nto other state and local entities, including but not limited to the\ndivision of veterans' services, the office for people with developmental\ndisabilities, the office of children and family services, the department\nof corrections, or providers contracted by such agencies to provide\nassistance to the impacted populations to make them aware of the\nindependent substance use disorder and mental health ombudsman program\nand the assistance they provide.\n  (b) Such ombudsman will identify, investigate, refer and resolve\ncomplaints that are made by, or on behalf of, consumers relative to\nhealth insurance coverage and access to initial and continuing substance\nuse disorder care and mental health care; accept, investigate, refer and\nhelp to resolve complaints that are made by treatment providers relative\nto health insurance coverage of and reimbursement for initial or\ncontinuing substance use disorder and mental health care; accept,\ninvestigate, refer and help to resolve complaints that are made by or on\nbehalf of consumers or by providers relative to network adequacy for\naccess to and continuing substance use disorder and mental health care.\nBy October thirty-first annually, the ombudsman must submit an annual\nreport summarizing the work of the program and make recommendations to\naddress systemic issues identified during the previous year. Such annual\nreport shall be submitted to the governor, the temporary president of\nthe senate, the speaker of the assembly and the relevant legislative\ncommittee chairs.\n  (c) Notwithstanding sections one hundred twelve and one hundred\nsixty-three of the state finance law and section one hundred forty-two\nof the economic development law, or any other inconsistent provision of\nlaw, funds available for expenditure pursuant to this section for the\nestablishment of an ombudsman for substance use disorder and mental\nhealth insurance coverage, may be allocated and distributed by the\ncommissioner of the office of addiction services and supports, subject\nto the approval of the director of the budget, without a competitive bid\nor request for proposal process for the establishment of an ombudsman\nfor substance use disorder and mental health insurance coverage.\nProvided, however, that such allocation or distribution must be based on\nobjective criteria and an allocation methodology that is approved by the\ndirector of the budget.\n