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Senate bill · S8363 (2025-26)

Enacts the individual counseling rate enhancement act

New York State Senate

Same as A8734, the matching bill in the Assembly.

Latest action Jun 3, 2026

Sponsor: Nathalia Fernandez (State Senator, District 34, Democratic)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 20, 2026. About our data

Summary

Requires a rate enhancement for reimbursement of individual psychotherapy services provided by a mental health counselor, a clinical social worker, or a psychologist where such services are provided in an outpatient substance use disorder clinic.

Summary from NY Open Legislation. How we handle summaries

Amends the Mental Hygiene Law.

Purpose, from the sponsor's memo

Extends an existing rate enhancement for group counseling so that it applies to individual counseling provided by certain licensed practi- tioners authorized to diagnosis and develop assessment-based treatment plans to expand access to integrated care provided by clinics licensed under Article 32 of the MHL

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Alcoholism and Drug Abuse · New York State Assembly

Also referred to Alcoholism And Substance Use Disorders · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate, Ways and Means · New York State Assembly.

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Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic3

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Nathalia Fernandez says this is needed

There are critical barriers to accessing integrated health care and treatment when individuals are suffering from both a mental illness and substance use disorder. There is a need to ensure that programs and services providing addiction and mental health services are encouraged to hire enough qualified staff who are licensed to diagnose and treat those presenting with co-occurring disorders. Currently, outpatient substance use disorder clinics licensed by the Office of Addiction Services and Supports can receive an enhanced rate for group therapy when provided by a licensed mental health practitioner who is licensed to diagnose and develop assessment-based treatment plans. Yet the indi- vidual therapy rates are not enhanced and are based on services provided by certified, but not licensed staff. To ensure that individuals are properly diagnosed and provided with a treatment plan to address their mental health and substance use disorder needs without having to be admitted for care at 2 separate clinics, the appropriate staff need to be integrated into substance use disorder treatment settings. Diagnosis and treatment plans can only be provided by certain practitioners licensed under Art 153, Art 154 or Art 163 of State Education Law. Yet the rate paid at Art 32 outpatient clinics is based upon the outdated assumption that the counseling will be provided by a Credentialed Alcoholism and Substance Abuse Counselor (CASAC). While this certification allows professionals to work in jobs related to addiction counseling, it does not allow for diagnosing, providing psychotherapy or developing assessment-based treatment plans. If access to integrated mental health and substance use services is to be expanded, rates that cover the cost of employing master's level licensed mental health practitioners must become commonplace at outpa- tient substance use disorder clinics licensed by OASAS. Authorizing an enhanced rate for certain services can encourage the delivery of inte- grated care. This bill incentivizes having appropriate licensed practitioners at OASAS outpatient clinics. The bill will ensure those with co-occurring disorders do not need to seek treatment in separate locations. The bill is necessary because: 1)0ASAS individual counseling is assumed to be provided by CASACs not Master's level professionals and the rate is therefore too low to support hiring the Master's level professionals. 2)To routinely treat patients with a dual diagnosis, the individual therapists who can diag- nose and develop treatment plans are Masters level licensed mental health counselors, licensed marriage and family therapists, licensed psychotherapists, and licensed clinical social workers 3)When a licensed therapist provides the individual service, the rate enhancement would be added to cover the cost of the professional provid- ing the service 4)Assessment based treatment plans can only be developed by certain licensed practitioners and adding group therapy to a treatment plan without an initial diagnostic individual session, it is not best prac- tice.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 3, 2026Result: passed

    (60) (1) (0) (2)
  • Vote: Committee vote · Rules

    Senate RulesMay 28, 2026Result: passed

    (21) (0) (0) (0)
  • Vote: Committee vote · Alcoholism And Substance Use Disorders

    Senate Alcoholism And Substance Use DisordersApr 29, 2026Result: passed

    (6) (0) (0) (1)

Full history

  1. Jun 3, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Jun 3, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 3, 2026

    Referred to committee

    REFERRED TO WAYS AND MEANS

    NY Assembly

  4. May 28, 2026

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

  5. May 28, 2026

    Ordered to Third Reading CAL.1377

    ORDERED TO THIRD READING CAL.1377

    NY Senate

Show full history (8 earlier events)
  1. May 18, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  2. Apr 29, 2026

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  3. Feb 25, 2026

    Amend and Recommit to Alcoholism and Drug Abuse

    AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE

    NY Assembly

  4. Feb 24, 2026

    Amend and Recommit to Alcoholism and Substance Use Disorders

    AMEND AND RECOMMIT TO ALCOHOLISM AND SUBSTANCE USE DISORDERS

    NY Senate

  5. Jan 7, 2026

    Referred to committee

    REFERRED TO ALCOHOLISM AND DRUG ABUSE

    NY Assembly

  6. Jan 7, 2026

    Referred to committee

    REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS

    NY Senate

  7. Jun 5, 2025

    Referred to committee

    REFERRED TO RULES

    NY Senate

  8. Jun 2, 2025

    Referred to committee

    REFERRED TO ALCOHOLISM AND DRUG ABUSE

    NY Assembly

Read the record