Response to Proposed Local Law #7 Comments

Date: August 10, 2023

To: Village of Menands, Mayor & Trustees

From: Menands United for a Safe Community

Subject: Addressing OASAS Concerns on Local Law No. 7 for 2023

Dear Mayor & Trustees,

I am writing in response to the comments submitted by the New York State Office of Addiction Services and Supports (OASAS) concerning the proposed “Local Law No. 7 for 2023”. As a concerned citizen of Menands, I would like to address some of the concerns raised by OASAS and offer a different perspective on the matter.

1. Understanding the Overdose Epidemic: There’s no denying the overdose epidemic, and its devastating consequences resonate deeply with our community. However, we must be careful in our response. Addressing this crisis requires not only the establishment of treatment centers but also ensuring their strategic and thoughtful placement to achieve the desired outcome without causing additional community issues.
2. Placement of Treatment Facilities: The main concern of the Proposed Law is not to deny the need for addiction services, but to ensure they’re placed in areas that are conducive to both the community and the patients they serve. A bad placement can result in unforeseen challenges and inadvertently affect the community’s holistic health.

3. The Imbalance in OTP Distribution

   While Albany County has made strides in addressing opioid addiction by housing several OTPs, surrounding counties lag significantly. This disparity creates several unforeseen challenges:

   1. Skyrocketing Medicaid Transportation Costs: Due to the scarcity of OTPs in neighboring counties, numerous patients have to travel into Albany County for treatment. This shift leads to a significant surge in tax-payer funded Medicaid transportation expenses. In essence, these costs arise mainly from poor facility placement and distribution.
   2. Extended Waitlists & Limited Accessibility: With limited OTP facilities in their home counties, many patients from neighboring areas turn to Albany County’s existing OTPs for care. This influx has consequently led to elongated waitlists at centers like Whitney Young and Camino Nuevo. Intriguingly, a large portion of their patients aren’t even Albany residents. If OTPs were distributed more evenly across the counties, it would not only lighten the load on these centers but also make treatment more accessible and timely for all patients.

   A Call for In-Depth Analysis

   What could be revelatory is a detailed examination of the patient demographics at centers like Whitney Young and Camino Nuevo. Specifically, understanding the ratio of local Albany County patients versus those from neighboring counties would be enlightening. Moreover, assessing the daily transportation costs for out-of-county patients can shed light on the financial strain caused by the current OTP placement strategy.

4. State’s Preexisting Legislative and Regulatory Framework: While OASAS emphasizes the state’s framework, it is vital to understand that local concerns, intricacies, and dynamics are not always adequately represented in state-wide regulations. Local laws aim to address these unique challenges and not to undermine state intentions.
5. ADA and Discrimination:OASAS claims that the Proposed Law may violate the Americans with Disabilities Act (ADA) because it seeks to treat addiction differently than any other disease or disability. However, this claim is unfounded. The ADA does not require that all disabilities be treated identically. In fact, the ADA specifically allows for different treatment of disabilities that have different impacts on individuals and society.In the case of addiction, the impact on individuals and society is significant. Addiction is a chronic and relapsing disease that can lead to a number of negative consequences, including overdose deaths, health problems, job loss, and homelessness. Addiction also disproportionately affects marginalized communities, such as people of color and people who live in poverty.The Proposed Law is designed to address the specific impact of addiction on these communities. By restricting the placement of addiction treatment facilities in certain areas, the Proposed Law aims to protect residents from the negative consequences of addiction, such as crime and violence.

   OASAS argues that the Proposed Law is discriminatory because it treats addiction differently than other diseases or disabilities. However, this argument ignores the unique impact of addiction on individuals and society. Addiction is not just a personal problem; it is a public health crisis that requires a comprehensive approach.

   The Proposed Law is a reasonable and necessary step to address the opioid epidemic in Albany County. It is not discriminatory, and it does not violate the ADA.

   In addition to the above, I would like to add the following points:

   • The Proposed Law does not prevent people with addiction from accessing treatment. It simply restricts the placement of addiction treatment facilities in certain areas. People with addiction can still access treatment in other areas of the county.
   • The Proposed Law has broad support among residents in the Village of Menands.
   • The Proposed Law is consistent with the State’s existing legislative and regulatory framework. The State already requires prior approval from the Commissioner of OASAS before establishing, incorporating, constructing a facility, or offering a service. The Proposed Law simply adds additional safeguards to ensure that addiction treatment facilities are located in appropriate areas.

   We urge you to reject OASAS’s claim that the Proposed Law violates the ADA. The Proposed Law is a reasonable and necessary step to address the opioid epidemic in Albany County. It is not discriminatory, and it does not violate the ADA.

6. Community Voices: While the state agency has an overarching view of the situation, it’s crucial to ensure that the voices, concerns, and insights of Menands residents aren’t overshadowed. After all, the community will experience the direct implications of any decision made.

In conclusion, our community deeply respects and acknowledges the critical role OASAS plays in our state. However, we firmly believe in establishing a harmonious environment where the needs of those battling addiction are catered to, without undermining the well-being and security of our existing communities. We expect the Village to respond assertively to OASAS’s claims, upholding the values and concerns of Menands’ residents. We strongly suggest that the Village communicate to OASAS our unwavering stance on this matter.

Together, let’s ensure that in our quest to tackle one crisis, we do not inadvertently lay the groundwork for others.

Menands United for a Safe Community