Vote: Floor vote
NY SenateJun 3, 2026Result: passed
Senate bill · S8363 (2025-26)
New York State Senate
Same as A8734, the matching bill in the Assembly.
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
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.
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)
Passed one of the two chambers; it still needs the other.
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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The sponsor's argument
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.
NY SenateJun 3, 2026Result: passed
Senate RulesMay 28, 2026Result: passed
Senate Alcoholism And Substance Use DisordersApr 29, 2026Result: passed
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Passed a chamber
PASSED SENATE
NY Senate
Referred to committee
REFERRED TO WAYS AND MEANS
NY Assembly
In committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
NY Senate
Ordered to Third Reading CAL.1377
ORDERED TO THIRD READING CAL.1377
NY Senate
Reported out of committee
REPORTED REFERRED TO WAYS AND MEANS
NY Assembly
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
Amend and Recommit to Alcoholism and Drug Abuse
AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
NY Assembly
Amend and Recommit to Alcoholism and Substance Use Disorders
AMEND AND RECOMMIT TO ALCOHOLISM AND SUBSTANCE USE DISORDERS
NY Senate
Referred to committee
REFERRED TO ALCOHOLISM AND DRUG ABUSE
NY Assembly
Referred to committee
REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS
NY Senate
Referred to committee
REFERRED TO RULES
NY Senate
Referred to committee
REFERRED TO ALCOHOLISM AND DRUG ABUSE
NY Assembly