§ 365-m. Administration and management of behavioral health services.\n1. The commissioners of the office of mental health and the office of\nalcoholism and substance abuse services, in consultation with the\ncommissioner of health, the impacted local governmental units and with\nthe approval of the division of the budget, shall have responsibility\nfor jointly designating regional entities to provide administrative and\nmanagement services for the purposes of prior approving and coordinating\nthe provision of behavioral health services, facilitating the continuity\nof post-hospitalization behavioral health and the integration of\nbehavioral health services with other services available under this\ntitle, for recipients of medical assistance who are not enrolled in\nmanaged care, and for such approval, coordination, facilitating\ncontinuity and integration of behavioral health services that are not\nprovided through managed care programs under this title for individuals\nregardless of whether or not such individuals are enrolled in managed\ncare programs. Such regional entities shall also be responsible for\npromoting appropriate care and service utilization while safeguarding\nagainst unnecessary utilization of such care and services and assuring\nthat payments are consistent with the efficient and economical delivery\nof quality care.\n 2. In exercising this responsibility, the commissioners of the office\nof mental health and the office of alcoholism and substance abuse\nservices are authorized to contract, after consultation with the\ncommissioner of health and the impacted local governmental units, with\nregional behavioral health organizations or other entities. Such\ncontracts may include responsibility for receipt, review, and\ndetermination of prior authorization requests for behavioral health care\nand services under subdivision one of this section, consistent with\ncriteria established or approved by the commissioners of mental health\nand alcoholism and substance abuse services, and authorization of\nappropriate care and services based on documented patient medical need.\n 3. Notwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law\nto the contrary, the commissioners of the office of mental health and\nthe office of alcoholism and substance abuse services are authorized to\nenter into a contract or contracts under subdivisions one and two of\nthis section without a competitive bid or request for proposal process,\nprovided, however, that:\n (a) the office of mental health and the office of alcoholism and\nsubstance abuse services shall post on their websites, for a period of\nno less than thirty days:\n (i) a description of the proposed services to be provided pursuant to\nthe contractor contracts;\n (ii) the criteria for selection of a contractor or contractors;\n (iii) the period of time during which a prospective contractor may\nseek selection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n (iv) the manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n (b) all reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioners; and\n (c) the commissioners of the office of mental health and the office of\nalcoholism and substance abuse services, in consultation with the\ncommissioner of health and the impacted local governmental units, shall\nselect such contractor or contractors that, in their discretion, have\ndemonstrated the ability to effectively, efficiently, and economically\nintegrate behavioral health and health services; have the requisite\nexpertise and financial resources; have demonstrated that their\ndirectors, sponsors, members, managers, part
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