Here’s a Text version – a copy of the original follows:
Document Title: Concerns Regarding Proposed Local Law #7
Date: August 7, 2023
To: Village of Menands, Village Legislature
From: Trishia Allen, General Counsel, OASAS
Subject: Local Law #7 Amending Chapter 169 of Village Zoning Law
Dear Legislatures,
The New York State Office of Addiction Services and Supports (OASAS) submits the following comments on the proposed “Local Law No. 7 for 2023” (hereinafter referred to as the Proposed Law) by the Village of Menands.
OASAS is the single state agency in New York State responsible for overseeing the provision of prevention, treatment, harm reduction, and recovery services for substance use disorder (SUD) and problem gambling pursuant to Articles 19 and 32 of the Mental Hygiene Law. OASAS oversees a substantial network of over 1,700 statewide providers. We have spearheaded efforts to expand access to addiction services in New York and have worked collaboratively with other state agencies to ensure individuals in need obtain services in a person-centered and effective manner.
We are currently facing an overdose epidemic. Overdose deaths are at an all-time high nationwide, largely due to harmful additives like fentanyl and xylazine in the illicit drug supply.
Albany County’s overdose rates have continually exceeded those for the rest of the State. In 2020, Albany’s opioid burden was 236.4 per 100,000 people, compared to 217.8 for the rest of the State. Additionally, Albany County had 22.3 opioid-related deaths per 100,000 people (69 deaths in total) compared to 21.8 per 100,000 people in the rest of the State. Albany County also exceeded the number of emergency department visits per 100,000 people.
Furthermore, between 2010 and 2020, overdose death rates among Black or African Americans increased about five-fold, and quadrupled among Hispanic or Latino New Yorkers.
Given these alarming statistics and the impact on our most vulnerable citizens, OASAS has significant concerns with the Proposed Law. This law seems designed to delay or outright prevent the placement of essential treatment facilities, which will exacerbate increasing rates while simultaneously worsening health disparities in communities of color.
Attempts to circumvent or stall the placement of facilities may conflict with the State’s preexisting legislative and regulatory framework. The existing framework requires prior approval from the Commissioner of OASAS before establishing, incorporating, constructing a facility, or offering a service. Local laws that create an inconsistent patchwork throughout the State are contrary to the State’s intent, statutory obligation, and more importantly, harmful to the needs of our residents.
We also note that the Proposed Law may violate the Americans with Disabilities Act (ADA). Under the ADA, substance use addiction is a qualifying disability. The Proposed Law seeks to treat addiction differently than any other disease or disability, which may be deemed discriminatory and thus a violation of the ADA.
Due to the aforementioned issues, OASAS has serious concerns about the enactment of such a law. We will continue to work closely with the County of Albany to ensure proper addiction services options are available. However, we strongly caution against attempts to circumvent access to treatment at the peril of people in dire need of services and supports.
Sincerely,
Trishia Allen
General Counsel
OASAS
501 7th Avenue, New York, New York 10018-5903
Phone: 646-728-4760
1450 Western Avenue, Albany, New York 12203-3526
Website: oasas.ny.gov
Phone: 518-473-3460
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