N.Y. Mental Hyg. Law § 36.08

* § 36.08 Integrated behavioral health services.\n (a) For the purpose of this section "integrated behavioral health\nservices" means the systematic coordination of evidence-based health\ncare services, to include the preventative, diagnostic, therapeutic and\nrehabilitative care and treatment of mental illness, addiction and the\nprovision of physical health services, otherwise provided by a mental\nhealth program licensed pursuant to article thirty-one of this title, or\naddiction disorder services provided by a provider certified pursuant to\narticle thirty-two of this title to any individual, including children\nand youth, seeking services regardless of their primary diagnosis;\nprovided, however, that the scope of such services may be restricted\npursuant to regulation.\n (b) (i) The commissioners of the office of mental health and the\noffice of addiction services and supports are authorized to jointly\nestablish a single license and set of regulations, standards and\nrequirements for the construction, operation, reporting and oversight of\nintegrated behavioral health services. Such regulations, standards, and\nrequirements shall include, but not be limited to:\n (A) scope of integrated behavioral health services;\n (B) a joint application review process for integrated behavioral\nhealth services;\n (C) facilitation of integrated treatment records that comply with\napplicable federal and state confidentiality requirements;\n (D) staffing standards and qualifications for integrated behavioral\nhealth services consistent with applicable scope of practice\nrequirements under title eight of the education law;\n (E) development of billing and reimbursement structures to enable the\nprovision of integrated behavioral health services to individuals\nregardless of their primary diagnosis or healthcare complaint, provided\nhowever, that reimbursement for integrated behavioral health services\nshall not be less than the applicable reimbursement pursuant to the\nambulatory patient group methodology for the same or similar services\nwhen provided by a program licensed pursuant to article thirty-one or\ncertified pursuant to article thirty-two of this title;\n (F) physical plant standards;\n (G) standards for incident reporting and remediation pursuant to\narticle eleven of the social services law;\n (H) patient protections and related safeguards including:\n (1) patient rights;\n (2) mandatory reporting of child abuse and maltreatment;\n (3) reporting of crimes alleged to have occurred against patients;\n (4) consent to treatment;\n (5) confidentiality of, access to, and sealing of treatment records;\n (6) incident notification to parents or guardians of patients; and\n (7) any additional standards deemed necessary by the commissioners to\nensure the rights and safety of patients are met;\n (I) corporate structure and governance;\n (J) the suspension, revocation, or limitation of a license issued\npursuant to this section; and\n (K) utilization review.\n (ii) The regulations, standards and requirements for integrated\nbehavioral health services shall, to the extent possible, be in\naccordance with standards required under article nineteen, twenty-two,\nthirty-one, thirty-two, and thirty-three of this chapter which would\notherwise apply to patients in facilities operated, licensed, or\ncertified as applicable. The commissioners shall be authorized to\nresolve inconsistencies or conflicts among such regulations, standards,\nor requirements by regulation.\n (c) No provider shall be licensed to provide integrated behavioral\nhealth services unless they have sufficiently demonstrated, consistent\nwith the standards and requirements set forth by the commissioners,\nexperience in the delivery of mental health and addiction services.\n * NB Effective on the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n