2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.27 - Independent Substance Use Disorder and Mental Health Ombudsman.

§ 33.27 Independent substance use disorder and mental health ombudsman.
(a)  There  is  hereby  established  the  office  of  the  independent
substance use disorder and mental health ombudsman program that will  be
operated  or  selected by the office of addiction services and supports,
in consultation with the office of mental  health  for  the  purpose  of
assisting  individuals  with  a  substance  use  disorder  and/or mental
illness  to  ensure  that  they  receive  appropriate  health  insurance
coverage.  The office of addiction services and supports in consultation
with the office of mental health shall provide annual outreach  services
to  other  state  and  local  entities, including but not limited to the
division of veterans' services, the office for people with developmental
disabilities, the office of children and family services, the department
of corrections, or providers contracted  by  such  agencies  to  provide
assistance  to  the  impacted  populations  to  make  them  aware of the
independent substance use disorder and mental health  ombudsman  program
and the assistance they provide.
(b)  Such  ombudsman  will  identify,  investigate,  refer and resolve
complaints that are made by, or on  behalf  of,  consumers  relative  to
health insurance coverage and access to initial and continuing substance
use disorder care and mental health care; accept, investigate, refer and
help to resolve complaints that are made by treatment providers relative
to  health  insurance  coverage  of  and  reimbursement  for  initial or
continuing substance  use  disorder  and  mental  health  care;  accept,
investigate, refer and help to resolve complaints that are made by or on
behalf  of  consumers  or  by providers relative to network adequacy for
access to and continuing substance use disorder and mental health  care.
By  October  thirty-first  annually, the ombudsman must submit an annual
report summarizing the work of the program and make  recommendations  to
address systemic issues identified during the previous year. Such annual
report  shall  be  submitted to the governor, the temporary president of
the senate, the speaker of the assembly  and  the  relevant  legislative
committee chairs.
(c)  Notwithstanding  sections  one  hundred  twelve  and  one hundred
sixty-three of the state finance law and section one  hundred  forty-two
of  the economic development law, or any other inconsistent provision of
law, funds available for expenditure pursuant to this  section  for  the
establishment  of  an  ombudsman  for  substance use disorder and mental
health insurance coverage, may  be  allocated  and  distributed  by  the
commissioner  of  the office of addiction services and supports, subject
to the approval of the director of the budget, without a competitive bid
or request for proposal process for the establishment  of  an  ombudsman
for  substance  use  disorder  and  mental  health  insurance  coverage.
Provided, however, that such allocation or distribution must be based on
objective criteria and an allocation methodology that is approved by the
director of the budget.