TEEN ALCOHOL AND DRUG ABUSE IN NEW YORK

New York Teen Drug and Alcohol Abuse Facts

Denise’s Law features two important provisions that will help individuals and families in the fight against drug addiction.

The bill (S. 6361) will allow parents or guardians to petition a court to require an examination, and if needed, detoxification, for minors who are suffering from addiction. Under the status-quo it is not uncommon for parents to check teens into rehab, only to have the teen check themselves out, before detoxification is finished. Because detoxification is a central, and often the first, part of recovery, it is crucial that parents have the ability to keep minors in detox and start the treatment process.

The second component of the legislation requires that drug addiction diagnosis and detoxification and other mental, nervous, or emotional ailments be covered by health insurance companies. This provision is crucial in making treatment available to as many individuals and families as possible, particularly during these tough economic times.

“Drug addiction is destroying countless families and communities across Long Island and all around our state,” said Senator Brian X. Foley, the bill’s main sponsor. “I have worked with parents, educators, and advocates to craft this legislation which will take on the drug addiction epidemic and help put individuals dealing with drug addiction on a path towards recovery. My office worked with the Parent Teacher Association (PTA) and the AWARE committee - an outreach committee comprised of students, parents, educators, and community leaders from the Sachem School District and the surrounding communities – who brought forth important ideas and a determination to make this legislation a reality. We are grateful for their advocacy, without which this bill would not be possible.”

Since the passing of her daughter to drug overdose, Carrie Gerardi has worked to raise awareness about drug addiction among parents and teens. “My daughter tragically passed away due to an accidental drug overdose,” said Carrie Gerardi, mother of former Sachem High School student Denise Gerardi. “I can think of no better tribute to my daughter then to have this legislation, which will help parents get treatment to minors, named after Denise. I hope Denise’s Law will be enacted as quickly as possible so those needing immediate treatment for drug addiction are able to be helped.”

Dr. Jeffery Reynolds, Executive Director of the Long Island Council on Alcoholism and Drug Dependency (LICADD), applauded the legislation as a major step towards helping those with alcohol and drug dependency. “With opiate use among teens on the rise, parents need new tools to protect their kids and help them get the treatment they need,” said Reynolds. “Every day at LICADD, we talk to parents who are desperately searching for answers and pleading for solutions in a race for time as their kids' heroin use spirals out of control. Too many families are losing that race and are left standing by the side of a casket. There are enough barriers to treatment, without families having to do battle with insurance companies who routinely refuse or limit coverage for substance abuse disorders. Attempting to detox yourself is a dangerous proposition, yet without adequate insurance coverage, many young people are doing just that. We thank Senator Foley for introducing this legislation and giving us the tools necessary to do battle with Long Island's heroin crisis."

Response of Suffolk County, a crisis hotline which helps Suffolk County residents address suicide and other drug and mental illness related issues expressed support for the legislation. “This important legislation will help remove barriers to receiving treatment that many families are desperately seeking for their children,” said Maryl Cassidy, Executive Director of Response of Suffolk County.

"As educators, we see first-hand the devastating impact of drug addiction, particularly among teens," said Jim Nolan, Superintendent of the Sachem School District. "Denise's Law will make it easier for minors with drug dependency to get the treatment they need. I am pleased to support this legislation and hope it becomes law as soon as possible so we can remove the barriers that stand in the way of treatment and uplift our schools and communities."

“While no one expects one law to solve all problems related to addiction, Denise’s Law is a major step towards providing treatment for teens with drug and alcohol dependency,” said Foley.

Inspirations for Youth and Families Drug Rehab and Alcohol Treatment Center is a comprehensive and innovative provider of treatment for teens/adolescents suffering from drug addiction and alcoholism.

Inspirations' licensed and certified counselors, social workers and clinical treatment team and staff are dedicated to providing an unsurpassed addiction treatment experience to our teens. With diverse areas of expertise, our teen addiction treatment team works collaboratively with each adolescent and their families to ensure that an individualized treatment plan is designed that will treat not only the symptoms, but the whole individual. Our teens and families are guided through every stage of recovery and encouraged to participate in a wide variety of evidence-based and cutting edge innovative treatment options.

If you teen is in need of intervention, drug and alcohol addiction treatment or if you have any questions regarding admissions to our teen drug and alcohol rehab facility: please contact us at: 1-888-387-6237.

New York Senate Open Legislation - Denise's law; Youth drug and alcohol detoxification

S T A T E O F N E W Y O R K ______________________________________________________ 6361 2009-2010 Regular Sessions I N S E N A T E December 30, 2009 ___________ Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act, in relation to youth drug and alcohol detoxification; and to amend the insurance law, in relation to providing benefits for treatment of chemical dependency in certain health insurance plans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as "Denise's law". 2 S 2. The family court act is amended by adding a new article 10-B to 3 read as follows: 4 ARTICLE 10-B 5 YOUTH DRUG AND ALCOHOL DETOXIFICATION 6 S 1100. YOUTH DRUG AND ALCOHOL DETOXIFICATION. 7 S 1100. YOUTH DRUG AND ALCOHOL DETOXIFICATION. 1. FOR PURPOSES OF THIS 8 SECTION: 9 (A) "APPROVED APPLICANT" MEANS: 10 (I) WITH RESPECT TO A YOUTH: 11 (1) THAT YOUTH'S PARENT; OR 12 (2) A PERSON WITH WHOM THAT YOUTH HAS A CLOSE PERSONAL RELATIONSHIP; 13 OR 14 (II) A SOCIAL WORKER; 15 (B) "ASSESSED YOUTH" MEANS A YOUTH WHO IS THE SUBJECT OF A WARRANT 16 ISSUED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, WHO HAS BEEN 17 APPREHENDED FOR THE PURPOSES OF AN EXAMINATION OR WHO IS THE SUBJECT OF 18 A DETOXIFICATION ORDER; 19 (C) "DETOXIFICATION FACILITY" MEANS A FACILITY IN NEW YORK STATE 20 CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; 21 (D) "DETOXIFICATION ORDER" MEANS AN ORDER ISSUED PURSUANT TO SUBDIVI- 22 SION THIRTEEN OF THIS SECTION RESPECTING AN ASSESSED YOUTH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15278-02-9 S. 6361 2 1 2. AN APPROVED APPLICANT MAY PETITION THE COURT STATING THAT THE 2 APPROVED APPLICANT BELIEVES ON REASONABLE GROUNDS THAT A YOUTH: 3 (A) IS SUFFERING FROM SEVERE DRUG ADDICTION OR DRUG ABUSE; 4 (B) IS AT RISK OF SERIOUS HARM OR DANGER TO HIMSELF OR HERSELF OR TO 5 ANOTHER PERSON; 6 (C) IS IN NEED OF DETAINMENT TO ENSURE HIS OR HER SAFETY OR THE SAFETY 7 OF ANOTHER PERSON OR TO FACILITATE THE YOUTH'S DETOXIFICATION AND 8 STABILIZATION; AND 9 (D) SHOULD BE EXAMINED BY A PHYSICIAN TO DETERMINE WHETHER OR NOT THE 10 YOUTH SHOULD BE ADMITTED TO A DETOXIFICATION FACILITY OR RECEIVE DETOXI- 11 FICATION AND STABILIZATION SERVICES. 12 3. IF THE JUDGE IS SATISFIED ON REASONABLE GROUNDS THAT THE YOUTH 13 NAMED IN THE PETITION SHOULD BE EXAMINED BY A PHYSICIAN TO DETERMINE 14 WHETHER OR NOT THE YOUTH SHOULD BE ADMITTED TO A DETOXIFICATION FACILITY 15 OR RECEIVE DETOXIFICATION AND STABILIZATION SERVICES, THAT JUDGE MAY, 16 AFTER MAKING ARRANGEMENTS WITH A PHYSICIAN WHO IS TO CONDUCT THE EXAM- 17 INATION, ISSUE A WARRANT IN THE PRESCRIBED FORM TO: 18 (A) APPREHEND THE YOUTH NAMED IN THE WARRANT; AND 19 (B) CAUSE THE YOUTH TO BE TAKEN TO THE PHYSICIAN WHERE THE YOUTH MAY 20 BE DETAINED AND MAY BE EXAMINED BY THAT PHYSICIAN. 21 4. NO PERSON SHALL FALSELY SWEAR OR AFFIRM ANY INFORMATION PURSUANT TO 22 THIS SECTION. 23 5. A WARRANT ISSUED PURSUANT TO SUBDIVISION THREE OF THIS SECTION 24 SHALL BE ACCOMPANIED BY WRITTEN REASONS FOR ITS ISSUANCE. 25 6. A COPY OF A WARRANT ISSUED PURSUANT TO SUBDIVISION THREE OF THIS 26 SECTION AND THE WRITTEN REASONS ARE TO BE PROVIDED TO THE PHYSICIAN WHO 27 EXAMINES THE YOUTH. 28 7. IF AN APPROVED APPLICANT SO REQUESTS, THE WARRANT MAY BE DIRECTED 29 TO AND EXECUTED BY THAT APPROVED APPLICANT. 30 8. IF THE WARRANT IS NOT DIRECTED TO AN APPROVED APPLICANT PURSUANT TO 31 SUBDIVISION SEVEN OF THIS SECTION THE WARRANT MUST BE DIRECTED TO AND 32 EXECUTED BY A POLICE OFFICER. 33 9. EVERY ASSESSED YOUTH: 34 (A) SHALL BE INFORMED OF THE REASON FOR HIS OR HER APPREHENSION OR 35 DETENTION; AND 36 (B) IS ENTITLED TO RECEIVE A COPY OF THE ORDER PURSUANT TO WHICH HE OR 37 SHE HAS BEEN APPREHENDED OR DETAINED. 38 10. A PHYSICIAN SHALL EXAMINE THE ASSESSED YOUTH: 39 (A) AS SOON AS IS REASONABLY PRACTICABLE; AND 40 (B) IN ALL CASES WITHIN TWENTY-FOUR HOURS OF THE YOUTH'S APPREHENSION. 41 11. NO YOUTH SHALL BE APPREHENDED PURSUANT TO A WARRANT ISSUED PURSU- 42 ANT TO SUBDIVISION THREE OF THIS SECTION MORE THAN SEVEN DAYS AFTER THE 43 DATE ON WHICH THE WARRANT WAS ISSUED. 44 12. AFTER AN EXAMINATION BY A PHYSICIAN, ALL OR ANY OF THE FOLLOWING 45 MAY BE DONE: 46 (A) AN ARRANGEMENT FOR DETOXIFICATION AND STABILIZATION SERVICES MAY 47 BE MADE BY A YOUTH; 48 (B) A DETOXIFICATION ORDER MAY BE ISSUED PURSUANT TO SUBDIVISION THIR- 49 TEEN OF THIS SECTION WITH RESPECT TO THE ASSESSED YOUTH. 50 13. (A) AFTER CONDUCTING AN EXAMINATION OF AN ASSESSED YOUTH FOR THE 51 PURPOSES OF THIS SECTION AND IF THERE IS NO VOLUNTARY ARRANGEMENT MADE 52 BY THE ASSESSED YOUTH, A PHYSICIAN MAY ISSUE A DETOXIFICATION ORDER TO 53 DETAIN THE ASSESSED YOUTH IN A DETOXIFICATION FACILITY. 54 (B) A DETOXIFICATION ORDER MAY BE ISSUED ONLY IF THE PHYSICIAN IS OF 55 THE OPINION THAT THE ASSESSED YOUTH: S. 6361 3 1 (I) IS SUFFERING FROM SEVERE DRUG ADDICTION OR DRUG ABUSE AND REQUIRES 2 DETENTION TO FACILITATE DETOXIFICATION AND STABILIZATION; 3 (II) IS LIKELY TO CAUSE HARM TO HIMSELF OR HERSELF OR TO OTHER 4 PERSONS, OR TO SUFFER SUBSTANTIAL MENTAL OR PHYSICAL DETERIORATION, IF 5 HE OR SHE IS NOT DETAINED IN A DETOXIFICATION FACILITY; AND 6 (III) IS EITHER: 7 (1) UNABLE TO FULLY UNDERSTAND AND TO MAKE AN INFORMED DECISION 8 RESPECTING HIS OR HER NEED TO DETOXIFY OR STABILIZE; OR 9 (2) UNABLE OR UNWILLING TO TAKE STEPS TO BEGIN RECOVERY FROM DRUG 10 ADDICTION OR DRUG ABUSE OR TO REDUCE THE RISK OF HARM TO HIMSELF OR 11 HERSELF OR OTHER PERSONS; 12 14. (A) AN ASSESSED YOUTH, OR A PERSON ON BEHALF OF AN ASSESSED YOUTH, 13 MAY APPEAL THE DECISION OF THE COURT ISSUING THE WARRANT PURSUANT TO 14 SUBDIVISION THREE OF THIS SECTION OR THE DETOXIFICATION ORDER ISSUED BY 15 THE PHYSICIAN WITHIN SEVEN DAYS AFTER THE DATE OF THE DECISION OR WITHIN 16 ANY LONGER PERIOD THAT THE JUDGE MAY ALLOW. 17 (B) AN APPEAL PURSUANT TO THIS SECTION MAY BE MADE BY NOTICE OF 18 MOTION, AND THE NOTICE OF MOTION IS TO BE SERVED ON: 19 (I) THE COURT; 20 (II) THE PERSON IN CHARGE OF A DETOXIFICATION FACILITY IN WHICH THE 21 ASSESSED YOUTH IS DETAINED; AND 22 (III) ANY OTHER PERSONS THAT THE JUDGE MAY DIRECT. 23 (C) AN APPEAL PURSUANT TO THIS SECTION IS TO BE SUPPORTED BY AN AFFI- 24 DAVIT OF THE APPELLANT SETTING FORTH FULLY THE FACTS IN SUPPORT OF THE 25 APPEAL. 26 (D) IN ADDITION TO THE EVIDENCE ADDUCED BY THE APPELLANT, THE JUDGE 27 MAY DIRECT ANY FURTHER EVIDENCE TO BE GIVEN THAT THE JUDGE CONSIDERS 28 NECESSARY. 29 (E) THE JUDGE MAY CONFIRM OR REVERSE THE DECISION TO ISSUE A WARRANT 30 OR THE DETOXIFICATION ORDER ISSUED BY THE PHYSICIAN AND MAY MAKE ANY 31 ORDER THAT THE JUDGE CONSIDERS NECESSARY TO GIVE EFFECT TO THE JUDGE'S 32 DECISION. 33 S 3. Subparagraph (A) of paragraph 5 of subsection (l) of section 3221 34 of the insurance law, as amended by chapter 502 of the laws of 2007, is 35 amended to read as follows: 36 (A) Every insurer delivering a group or school blanket policy or issu- 37 ing a group or school blanket policy for delivery, in this state, which 38 provides coverage for inpatient hospital care or coverage for physician 39 services shall provide as part of such policy broad-based coverage for 40 the diagnosis and treatment of mental, nervous or emotional disorders or 41 ailments, however defined in such policy, at least equal to the coverage 42 provided for other health conditions and: 43 (i) where the policy provides coverage for inpatient hospital care, 44 benefits for inpatient care in a hospital as defined by subdivision ten 45 of section 1.03 of the mental hygiene law, which benefits may be limited 46 to not less than thirty days of active treatment in any contract year, 47 plan year or calendar year, and benefits for outpatient care provided in 48 a facility issued an operating certificate by the commissioner of mental 49 health pursuant to the provisions of article thirty-one of the mental 50 hygiene law, or in a facility operated by the office of mental health, 51 which benefits may be limited to not less than twenty visits in any 52 contract year, plan year or calendar year. Benefits for partial hospi- 53 talization program services shall be provided as an offset to covered 54 inpatient days at a ratio of two partial hospitalization visits to one 55 inpatient day of treatment. BENEFITS REGARDING DETOXIFICATION AND REHA- S. 6361 4 1 BILITATION CARE AND TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPENDENCE 2 SHALL BE PROVIDED IN ACCORDANCE WITH PARAGRAPH SIX OF THIS SUBSECTION. 3 (ii) where the policy provides coverage for physician services, it 4 shall include benefits for outpatient care provided by a psychiatrist or 5 psychologist licensed to practice in this state, a licensed clinical 6 social worker who meets the requirements of subparagraph (D) of para- 7 graph four of this subsection, or a professional corporation or univer- 8 sity faculty practice corporation thereof[. Such benefits may be limited 9 to not less than twenty visits in any contract year, plan year, or 10 calendar year]; PROVIDED, HOWEVER, THAT BENEFITS REGARDING DETOXIFICA- 11 TION AND REHABILITATION CARE AND TREATMENT OF CHEMICAL ABUSE AND CHEMI- 12 CAL DEPENDENCE SHALL BE PROVIDED IN ACCORDANCE WITH PARAGRAPH SIX OF 13 THIS SUBSECTION. 14 (iii) Coverage required by this paragraph may be provided on a 15 contract year, plan year or calendar year basis and shall be consistent 16 with the provision of other benefits under the policy. Such coverage may 17 be subject to annual deductibles, co-pays and coinsurance as may be 18 deemed appropriate by the superintendent and shall be consistent with 19 those imposed on other benefits under the policy. In the event that a 20 policy provides coverage for both inpatient hospital care and physician 21 services, the aggregate of the benefits for outpatient care obtained 22 under this paragraph may be limited to not less than twenty visits in 23 any contract year, plan year or calendar year. 24 [(iv) In this paragraph, "active treatment" means treatment furnished 25 in conjunction with inpatient confinement for mental, nervous or 26 emotional disorders or ailments that meet standards prescribed pursuant 27 to the regulations of the commissioner of mental health.] 28 S 4. Paragraphs 6 and 7 of subsection (l) of section 3221 of the 29 insurance law, paragraph 6 as amended by chapter 558 of the laws of 1999 30 and paragraph 7 as amended by chapter 565 of the laws of 2000, are 31 amended to read as follows: 32 (6) (A) Every insurer delivering a group or school blanket policy or 33 issuing a group or school blanket policy for delivery, in this state, 34 which provides coverage for inpatient hospital care [must make available 35 and, if requested by the policyholder,] SHALL provide AS PART OF SUCH 36 POLICY coverage for the diagnosis and treatment of chemical abuse and 37 chemical dependence, however defined in such policy, provided, however, 38 that the term chemical abuse shall mean and include alcohol and 39 substance abuse and chemical dependence shall mean and include alcohol- 40 ism and substance dependence, however defined in such policy. Written 41 notice of the availability of such coverage shall be delivered to the 42 policyholder prior to inception of such group policy and annually there- 43 after, except that this notice shall not be required where a policy 44 covers two hundred or more employees or where the benefit structure was 45 the subject of collective bargaining affecting persons who are employed 46 in more than one state. 47 (B) Such coverage shall be at least equal to [the following] COVERAGE 48 PROVIDED FOR OTHER HEALTH CONDITIONS AND SHALL INCLUDE: 49 (i) [with respect to] benefits for detoxification as a consequence of 50 chemical dependence, inpatient benefits in a hospital or a detoxifica- 51 tion facility [may not be limited to less than seven days of active 52 treatment in any calendar year]; and 53 (ii) [with respect to] benefits for rehabilitation services, [such 54 benefits may not be limited to less than thirty days of] AND inpatient 55 care in [any calendar year] A HOSPITAL OR REHABILITATION FACILITY. S. 6361 5 1 (C) Such coverage may be limited to facilities in New York state which 2 are certified by the office of alcoholism and substance abuse services 3 and, in other states, to those which are accredited by the joint commis- 4 sion on accreditation of hospitals as alcoholism, substance abuse or 5 chemical dependence treatment programs. 6 (D) Such coverage shall be [made available] PROVIDED at the inception 7 of all new policies and with respect to all other policies at any anni- 8 versary date of the policy [subject to evidence of insurability]. 9 (E) Such coverage may be subject to annual deductibles and co-insu- 10 rance as may be deemed appropriate by the superintendent and are 11 consistent with those imposed on other benefits within a given policy. 12 [Further, each insurer shall report to the superintendent each year the 13 number of contract holders to whom it has issued policies for the inpa- 14 tient treatment of chemical dependence, and the approximate number of 15 persons covered by such policies.] 16 (F) Such coverage shall not replace, restrict or eliminate existing 17 coverage provided by the policy. 18 (7) Every insurer delivering a group or school blanket policy or issu- 19 ing a group or school blanket policy for delivery in this state which 20 provides coverage for inpatient hospital care [must] SHALL provide AS 21 PART OF SUCH POLICY, coverage for [at least sixty] outpatient [visits in 22 any calendar year] CARE for the diagnosis and treatment of chemical 23 dependence [of which up to twenty may be for family members, except 24 that] AT BEST EQUAL TO THE COVERAGE PROVIDED FOR OTHER HEALTH CONDI- 25 TIONS. HOWEVER, this provision shall not apply to a policy which covers 26 persons employed in more than one state or the benefit structure of 27 which was the subject of collective bargaining affecting persons who are 28 employed in more than one state. Such coverage may be limited to facili- 29 ties in New York state certified by the office of alcoholism and 30 substance abuse services or licensed by such office as outpatient clin- 31 ics or medically supervised ambulatory substance abuse programs and, in 32 other states, to those which are accredited by the joint commission on 33 accreditation of hospitals as alcoholism or chemical dependence treat- 34 ment programs. Such coverage may be subject to annual deductibles and 35 co-insurance as may be deemed appropriate by the superintendent and are 36 consistent with those imposed on other benefits within a given policy. 37 Such coverage shall not replace, restrict, or eliminate existing cover- 38 age provided by the policy. Except as otherwise provided in the applica- 39 ble policy or contract, no insurer delivering a group or school blanket 40 policy or issuing a group or school blanket policy providing coverage 41 for alcoholism or substance abuse services pursuant to this section 42 shall deny coverage to a family member who identifies themself as a 43 family member of a person suffering from the disease of alcoholism, 44 substance abuse or chemical dependency and who seeks treatment as a 45 family member who is otherwise covered by the applicable policy or 46 contract pursuant to this section. The coverage required by this para- 47 graph shall include treatment as a family member pursuant to such family 48 members' own policy or contract provided such family member [(i) does 49 not exceed the allowable number of family visits provided by the appli- 50 cable policy or contract pursuant to this section, and (ii)] is other- 51 wise entitled to coverage pursuant to this section and such family 52 members' applicable policy or contract. 53 S 5. Paragraphs 18 and 19 of subsection (b) of section 4322 of the 54 insurance law, as added by chapter 504 of the laws of 1995, are amended 55 to read as follows: S. 6361 6 1 (18) Inpatient diagnosis and treatment of alcoholism and alcohol abuse 2 and substance abuse and [substance] CHEMICAL dependence [up to thirty 3 days per calendar year] AND for detoxification [combined with inpatient 4 treatment of mental, nervous or emotional disorders or ailments]. 5 (19) Outpatient diagnosis and treatment of mental, nervous or 6 emotional disorders or ailments [up to thirty non-emergency and three 7 emergency visits per calendar year] AND DISORDERS OF ALCOHOLISM AND 8 ALCOHOL ABUSE AND SUBSTANCE ABUSE AND CHEMICAL DEPENDENCE. 9 S 6. Severability. If any clause, sentence, paragraph, section or part 10 of any provision of this act be adjudged by any court of competent 11 jurisdiction to be invalid, such judgment shall not affect, impair or 12 invalidate the remainder thereof, but shall be confined in its operation 13 to the clause, sentence, paragraph, section or part of the provision 14 directly involved in the controversy in which such judgment shall have 15 been rendered. 16 S 7. This act shall take effect on the first of January next succeed- 17 ing the date on which it shall have become a law; provided, however, 18 that this act shall apply to all policies and contracts issued, renewed, 19 modified, altered or amended on or after such effective date; and 20 provided further, however, that any rules and regulations necessary for 21 the implementation of the provisions of this act on its effective date 22 are authorized and directed to be promulgated on or before such date.

Courtesy of: http://open.nysenate.gov

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