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A 11003

Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals

2025 Regular Session Introduced by Phil Steck

New construction of chemical dependence facilities funded by OASAS or non-MHSFIP sources must be designed to maximize privacy in bathing, sleeping, restrooms, and counseling.

REFERRED TO ALCOHOLISM AND DRUG ABUSE
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Bill Summary · A 11003

Summary of Bill A. 11003 (2025-2026 Session) – New York

Overview

  • Jurisdiction: New York
  • Bill: A. 11003
  • Introduced: April 16, 2026
  • Sponsor: Assembly Member Steck (Co-sponsor: Phil Steck)
  • Committee: Alcoholism and Drug Abuse
  • Purpose: Amend the Mental Hygiene Law to ensure that new construction of facilities for chemical dependence services funded by the Office of Addiction Services and Supports (OASAS) or other funding sources adheres to privacy considerations for individuals; clarify when privacy requirements apply (only to new construction) and maintain ability to maximize facility use.

Main Purpose and Intent

  • Improve and codify privacy requirements in the construction of facilities serving individuals with chemical dependence.
  • Ensure facilities funded by OASAS and/or funded through sources other than the Mental Health Services Facilities Improvement Program (MHSFIP) or its successor are designed to protect privacy during bathing, sleeping, restroom use, and individual counseling.
  • Balance privacy design standards with the practical goal of maximizing the functional use of the facility.

Key Provisions and Changes

Section 1: Amendments to Mental Hygiene Law, Section 32.29 (Subdivision (b))

  • The opening paragraph of subdivision (b) is amended to add a new paragraph 4, establishing that:
    • Prior approval from the required commissioner is needed for construction of a facility if the service provider:
    • Receives funding from OASAS, and/or
    • Seeks funding for the construction project from any source other than the MHSFIP (or its successor agency), directly or indirectly through a closely related entity.
    • Privacy Design Requirements:
    • New construction must be designed and constructed to promote privacy in the following areas:
      • Bathing
      • Sleeping
      • Using restrooms
      • Receiving individual counseling services
    • At the same time, designs must maximize the use of the facility (i.e., do not overly restrict capacity or functionality).
  • Privacy determinations under this subdivision apply only to new construction.
  • If existing (pre-existing) construction fails to meet privacy considerations, that failure shall not impede the commissioner’s approval of new construction.

Section 2: Effective Date

  • The act takes effect immediately upon enactment.

Who Would Be Affected

  • Facilities providing chemical dependence services that:
    • Receive funding from OASAS, and/or
    • Seek funding for construction from sources other than the Mental Health Services Facilities Improvement Program (MHSFIP) or its successor
  • This includes developers, service providers, and operators engaged in constructing new facilities or adding new construction financed through the above channels.
  • The policy applies to new construction projects, not to renovations or existing buildings with privacy non-compliance.

Procedural and Timeline Aspects

  • Before construction begins and funding is secured for new projects meeting the cited criteria, the commissioner must grant prior approval (as currently required for such facilities).
  • The new paragraph 4 clarifies when privacy-related determinations must be considered (only for new construction).
  • The requirement emphasizes alignment with privacy design standards while allowing project proponents to maximize facility utilization.
  • Effective date: immediate upon enactment.

Practical Implications

  • Projects funded by OASAS or other non-MHSFIP sources must incorporate privacy-focused design features in new construction.
  • Privacy standards are not retroactive to existing facilities; improvements to existing structures remain subject to separate processes and are not restricted by privacy determinations for new builds.
  • Could influence project planning, architectural design, cost considerations, and approval timelines for eligible facilities.

Compiled from official sources — confirm details with the bill’s official record.

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