N.Y. Mental Hygiene Law § 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.