Requires a residential transition conference when a person with developmental disabilities transfers from one program run by a covered operator to another program run by a covered operator; defines terms; specifies certain persons who shall attend such conference; requires covered operators to complete a form summarizing such conference and to file the form with the office for people with developmental disabilities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8982
SPONSOR: Giglio TITLE OF BILL:
An act to amend the mental hygiene law, in relation to requiring a resi-
dential transition conference when a person with developmental disabili-
ties transfers from one program run by a covered operator to another
program run by a covered operator
PURPOSE OR GENERAL IDEA OF BILL:
This bill aims to improve the continuity, quality, and transparency of
care for individuals with developmental disabilities by mandating resi-
dential transition conferences when a person moves between certified
residential programs. Transitions in residential settings can be complex
and stressful, both for the individuals receiving services and for their
families. Without proper coordination, there is a risk of critical
information being lost, miscommunicated, or delayed which potentially
leads to gaps in care, unmet needs, or avoidable trauma. By requiring
structured communication between the outgoing and incoming service
providers, as well as the involvement of the individual, their care
manager, and legal representatives, this legislation ensures that all
relevant parties are informed and aligned before a transition occurs.
The bill is rooted in a person-centered approach that respects the voice
and needs of the individual with developmental disabilities, while also
promoting stronger systems of accountability across residential provid-
ers. Ultimately, this measure supports more stable transitions, better
health and safety outcomes, and a stronger, more collaborative service
network across New Yor k State.
SUMMARY OF PROVISIONS:
Section 1: Amends the mental hygiene law by adding a new Section 16.39,
which establishes a mandatory residential transition conference whenever
a person with developmental disabilities moves from one certified resi-
dential program to another. Covered operators - defined as any certi-
fied provider of residential services under the Office for People With
Developmental Disabilities (OPWDD), including those with operating
certificates or funded programs - are required to participate in these
conferences prior to the transition. The law specifies that these
conferences must include the current provider, the receiving provider,
the individual (unless medically or psychologically contraindicated),
the individual's family (unless the individual objects), the individ-
ual's guardian or legal representative, and the individual's care manag-
er. The conference will focus on reviewing and discussing the individ-
ual's life plan - a detailed document outlining goals, needs,
preferences, and service arrangements - to ensure the incoming provider
has a complete and up-to-date understanding of the individual. At the
conclusion of the meeting, both providers must complete and sign a
standardized form, created by the commissioner, t hat summarizes the
contents of the conference. This form, along with any relevant support-
ing materials, must be submitted to the state and shared with the indi-
vidual, their legal representative, and both providers. These documents
will also be included in the individual's official records.
Section 2: Establishes that the act shall take effect one hundred eight-
ieth days after becoming law and authorizes the adoption of any neces-
sary rules and regulations prior to that effective date.
JUSTIFICATION:
Transitions between residential programs are among the most vulnerable
moments in the lives of individuals with developmental disabilities.
Without formal planning, structured communication, and shared account-
ability between service providers, these transitions can lead to serious
harm, confusion, and gaps in care. Families are often left to coordinate
complex and deeply personal needs across disconnected agencies, while
individuals are moved between settings without proper support or conti-
nuity. These systemic failures are not hypothetical - they are happening
now, with devastating consequences. Daniel Safian's story is a deeply
troubling example. After transitioning from The Center for Discovery to
a Citizens Options Unlimited residence in early two thousand twenty
three, Daniel was placed in a home without an approved day program,
despite promises that one would be ready on Day one. For over a year, he
has gone without the structured, therapeutic environment he requires. He
is regularly overstimulated by last-minute changes to his schedule,
becomes too exhausted to engage in activities, and is uncomfortable in
the vans used to transport him - once being left restrained and unat-
tended. In the most alarming incident, Daniel eloped from his residence,
triggering a police search. Despite his family's tireless efforts -
including applying to over thirty day programs and seeking Self-Direc-
tion - the lack of coordinated planning and accountability has left him
without consistent care. This bill would require a formal residential
transition conference before any such move, bringing together both
providers, the individual, family members, and care managers to share
the individual's life plan and ensure their needs are understood and
met. By mandating clear documentation and OPWDD oversight, the bill
creates a system of transpare ncy, safeguards continuity of care, and
helps prevent stories like Daniel's from being repeated across New York
State.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8982
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring a resi-
dential transition conference when a person with developmental disa-
bilities transfers from one program run by a covered operator to
another program run by a covered operator
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 16.39 to read as follows:
3 § 16.39 Residential transition conferences.
4 (a) Definitions. For the purposes of this section, the following terms
5 shall have the following meanings:
6 (1) "covered operator" shall mean any holder of an operating certif-
7 icate issued pursuant to this article that provides residential
8 services, any organization providing residential services whose incorpo-
9 ration or activities require the approval of the commissioner, or any
10 program funded or administered by the office that provides residential
11 services.
12 (2) "individualized service plan" or "life plan" shall mean a written
13 document that outlines a person with developmental disabilities': goals
14 and desired outcomes; habilitation goals; strengths and preferences;
15 assessed clinical and support needs (whether paid or unpaid); services
16 and providers; and safeguards, including back-up plans and strategies.
17 (b) It shall be the duty of every covered operator to participate in a
18 residential transition conference before a person with developmental
19 disabilities enters such covered operator's residential program from a
20 program run by another covered operator or leaves their residential
21 program for a program run by another covered operator. Attendance at
22 such conference shall include:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13418-01-5
A. 8982 2
1 (1) the covered operator who currently serves a person with develop-
2 mental disabilities;
3 (2) the covered operator who will serve such person with developmental
4 disabilities after the transition;
5 (3) the person with developmental disabilities who is entering or
6 leaving such residential program, unless such person's attendance is
7 contraindicated for reasons of health or safety;
8 (4) the person with developmental disabilities' family, unless such
9 person objects to their family's attendance;
10 (5) the person with developmental disabilities' guardian or legal
11 representative; and
12 (6) the person with developmental disabilities' care manager.
13 (c) (1) The purpose of the residential transition conference shall be
14 for the covered operator who currently serves the person with develop-
15 mental disabilities to review and discuss such person's life plan with
16 the covered operator who will be serving the individual after the
17 completion of the transition, as well as to provide the other attendees
18 of such conference with an opportunity to ask questions or provide addi-
19 tional information regarding such life plan to the covered operator who
20 will be serving the individual after the completion of the transition.
21 (2) At the conclusion of the residential transition conference, both
22 covered operators shall complete and sign a form promulgated by the
23 commissioner summarizing the contents of the conference. The completed
24 form and any relevant accompanying documents shall be transmitted to the
25 office in a manner specified by the office. Copies of the completed form
26 and any accompanying materials shall be provided to the person with
27 developmental disabilities, such person's legal representative, and both
28 covered operators. The copies received by the covered operators shall be
29 retained as part of the person with developmental disabilities' records.
30 § 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law. Effective immediately, the addition, amend-
32 ment, and/or repeal of any rule or regulation necessary for the imple-
33 mentation of this act on its effective date are authorized to be made
34 and completed on or before such effective date.
