S07889 Summary:

BILL NOS07889
 
SAME ASSAME AS A11197
 
SPONSORHUNTLEY
 
COSPNSRMORAHAN, BRESLIN, LIBOUS, PADAVAN, ADAMS, DUANE, HANNON, MCDONALD, MONTGOMERY, ONORATO, STAVISKY, STEWART-COUSINS, VOLKER, ADAMS, DUANE, HANNON, MCDONALD
 
MLTSPNSR
 
Rpld S29.29 sub 6, amd Ment Hyg L, generally; amd S1, Chap 455 of 2007
 
Relates to persons with developmental disabilities; renames the office of mental retardation and developmental disabilities to the New York state office for people with developmental disabilities; and relates to the language to be used in reference to persons with development disabilities.
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S07889 Actions:

BILL NOS07889
 
05/20/2010REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
05/26/2010REPORTED AND COMMITTED TO FINANCE
06/15/2010REPORTED AND COMMITTED TO RULES
06/18/2010ORDERED TO THIRD READING CAL.1055
06/18/2010SUBSTITUTED BY A11197
 A11197 AMEND= Ortiz
 05/25/2010referred to mental health
 06/03/2010reported referred to ways and means
 06/15/2010reported referred to rules
 06/16/2010reported
 06/16/2010rules report cal.201
 06/16/2010ordered to third reading rules cal.201
 06/16/2010passed assembly
 06/16/2010delivered to senate
 06/16/2010REFERRED TO RULES
 06/18/2010SUBSTITUTED FOR S7889
 06/18/20103RD READING CAL.1055
 06/18/2010PASSED SENATE
 06/18/2010RETURNED TO ASSEMBLY
 07/08/2010delivered to governor
 07/13/2010signed chap.168
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S07889 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7889
 
                    IN SENATE
 
                                      May 20, 2010
                                       ___________
 
        Introduced  by  Sens. HUNTLEY, MORAHAN, BRESLIN, LIBOUS, PADAVAN, ADAMS,
          DUANE, HANNON, McDONALD, MONTGOMERY, ONORATO, STAVISKY, VOLKER --  (at
          request  of  the Governor) -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities
 
        AN ACT to amend the mental hygiene law, in relation to changing the name

          of the office of mental retardation and developmental disabilities  to
          the  New York state office for people with developmental disabilities;
          to amend chapter 455 of the laws  of  2007  relating  to  the  use  of
          certain  language and terminology when dealing with certain issues, in
          relation to the language to be  used  in  reference  to  persons  with
          developmental  disabilities;  and  to  repeal subdivision 6 of section
          29.29 of the mental hygiene law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  2,  11 and 28 of section 1.03 of the mental
     2  hygiene law, subdivision 2 as amended by chapter  223  of  the  laws  of
     3  1992,  subdivision  11  as  added by chapter 978 of the laws of 1977 and

     4  subdivision 28 as amended by chapter 1024  of  the  laws  of  1981,  are
     5  amended to read as follows:
     6    2. "Commissioner" means the commissioner of mental health, the commis-
     7  sioner  of  [mental  retardation and] developmental disabilities and the
     8  commissioner of alcoholism and substance abuse services as used in  this
     9  chapter.  Any  power  or duty heretofore assigned to the commissioner of
    10  mental hygiene or to the department of mental hygiene pursuant  to  this
    11  chapter shall hereafter be assigned to the commissioner of mental health
    12  in  the case of facilities, programs, or services for [the mentally ill]
    13  individuals with mental illness, to the commissioner of [mental retarda-
    14  tion  and]  developmental  disabilities  in  the  case  of   facilities,

    15  programs,  or  services  for  [the mentally retarded and developmentally
    16  disabled] individuals with developmental disabilities,  to  the  commis-
    17  sioner of alcoholism and substance abuse services in the case of facili-
    18  ties,  programs,  or  services  for alcoholism, alcohol abuse, substance
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12219-02-0

        S. 7889                             2
 
     1  abuse, substance dependence, and chemical dependence in accordance  with
     2  the provisions of titles D and E of this chapter.
     3    11. "School" means the in-patient service of a developmental center or

     4  other  residential  facility  for  [the  mentally  retarded and develop-
     5  mentally disabled] individuals with developmental disabilities under the
     6  jurisdiction of the office [of mental retardation and] for  people  with
     7  developmental  disabilities  or  a  facility  for  the residential care,
     8  treatment, training, or education of [the mentally retarded and develop-
     9  mentally disabled] individuals with developmental disabilities which has
    10  been issued an operating certificate  by  the  commissioner  of  [mental
    11  retardation and] developmental disabilities.
    12    28. "Community residence" means any facility operated by or subject to
    13  licensure by the office of mental health or the office [of mental retar-

    14  dation  and] for people with developmental disabilities which provides a
    15  supervised residence or residential respite services for [mentally disa-
    16  bled persons] individuals with mental disabilities and a homelike  envi-
    17  ronment and room, board and responsible supervision for the habilitation
    18  or rehabilitation of [mentally disabled persons] individuals with mental
    19  disabilities  as part of an overall service delivery system. A community
    20  residence shall include an intermediate care facility with  fourteen  or
    21  fewer  residents that has been approved pursuant to law, and a community
    22  residential facility as that term is used in section 41.36 of this chap-
    23  ter. Such term does not include family care homes.
    24    § 2. Section 5.01 of the mental hygiene law, as added by  chapter  978

    25  of the laws of 1977, is amended to read as follows:
    26  § 5.01 Department of mental hygiene.
    27    There  shall  continue  to  be in the state government a department of
    28  mental hygiene. Within the  department  there  shall  be  the  following
    29  autonomous offices:
    30    (1) office of mental health;
    31    (2)  office  [of mental retardation and] for people with developmental
    32  disabilities;
    33    (3) office of alcoholism and substance abuse.
    34    § 3. Section 5.03 of the mental hygiene law, as amended by chapter 223
    35  of the laws of 1992, is amended to read as follows:
    36  § 5.03 Commissioners.
    37    The head of the office of mental health shall be the  commissioner  of
    38  mental  health;  the  head of the office [of mental retardation and] for
    39  people with developmental disabilities  shall  be  the  commissioner  of

    40  [mental retardation and] developmental disabilities; and the head of the
    41  office  of  alcoholism and substance abuse services shall be the commis-
    42  sioner of alcoholism and substance  abuse  services.  Each  commissioner
    43  shall  be  appointed by the governor, by and with the advice and consent
    44  of the senate, to serve at the pleasure of the governor.
    45    § 4. Subdivision (a) and paragraph 1 of  subdivision  (b)  of  section
    46  5.05  of the mental hygiene law, subdivision (a) as added by chapter 978
    47  of the laws of 1977 and paragraph 1 of subdivision  (b)  as  amended  by
    48  chapter 294 of the laws of 2007, are amended to read as follows:
    49    (a)  The  commissioners  of  the [offices] office of mental health and
    50  [mental retardation and developmental disability of the department]  the

    51  office  for  people with developmental disabilities, as the [head] heads
    52  of the department, shall jointly visit  and  inspect,  or  cause  to  be
    53  visited  and inspected, all facilities either public or private used for
    54  the care, treatment and rehabilitation of [persons suffering from] indi-
    55  viduals with mental  illness[,  mental  retardation]  and  developmental

        S. 7889                             3
 
     1  [disability] disabilities in accordance with the requirements of section
     2  four of article seventeen of the New York state constitution.
     3    (1)  The  commissioners  of  the  [offices]  office  of mental health,
     4  [mental retardation and] the office for people with developmental  disa-

     5  bilities and the office of alcoholism and substance abuse services shall
     6  constitute  an  inter-office coordinating council which, consistent with
     7  the autonomy of each office for matters within its  jurisdiction,  shall
     8  ensure  that  the  state  policy for the prevention, care, treatment and
     9  rehabilitation of individuals with mental illness[, mental  retardation]
    10  and  developmental [disability] disabilities, alcoholism, alcohol abuse,
    11  substance  abuse,  substance  dependence,  and  chemical  dependence  is
    12  planned,   developed  and  implemented  comprehensively;  that  gaps  in
    13  services to [the multiply disabled] individuals with multiple  disabili-
    14  ties  are eliminated and that no person is denied treatment and services

    15  because he or she [suffers from] has  more  than  one  disability;  that
    16  procedures for the regulation of programs which offer care and treatment
    17  for more than one class of [mentally disabled] persons with mental disa-
    18  bilities  be  coordinated  between  the offices having jurisdiction over
    19  such programs; and that research projects of the institutes, as  identi-
    20  fied  in section 7.17 or 13.17 of this chapter, are coordinated to maxi-
    21  mize the success and cost effectiveness of such projects and  to  elimi-
    22  nate wasteful duplication.
    23    §  5.  The  opening  paragraph  of  paragraph  1 of subdivision (b) of
    24  section 5.07 of the mental hygiene law, as amended by chapter 223 of the
    25  laws of 1992, is amended to read as follows:

    26    The [offices] office of mental health [and  mental  retardation  and],
    27  the  office for people with developmental disabilities and the office of
    28  alcoholism and substance abuse services shall each formulate a statewide
    29  comprehensive five-year plan for the provision of all  state  and  local
    30  services  for  [the  mentally ill, mentally retarded and developmentally
    31  disabled] persons with mental illness  and  developmental  disabilities,
    32  and  those  suffering from alcoholism and substance abuse, respectively.
    33  Each plan shall be formulated from local comprehensive  plans  developed
    34  by  each  local  governmental  unit,  with  participation  of consumers,
    35  consumer groups,  providers  of  services  and  departmental  facilities

    36  furnishing  services  to [the mentally disabled] individuals with mental
    37  disabilities of the area in conformance with statewide goals and  objec-
    38  tives  established  by  the  advisory  council of each office. Each plan
    39  shall:
    40    § 6. Subdivisions (a), (b), (j) and (o) of section 10.03 of the mental
    41  hygiene law, as added by chapter 7 of the laws of 2007, are  amended  to
    42  read as follows:
    43    (a) "Agency with jurisdiction" as to a person means that agency which,
    44  during  the  period  in  question,  would  be the agency responsible for
    45  supervising or releasing such person, and can include the department  of
    46  correctional  services,  the  office  of  mental  health, the office [of
    47  mental retardation and] for people with developmental disabilities,  and
    48  the division of parole.

    49    (b)  "Commissioner"  means  the  commissioner  of mental health or the
    50  commissioner of [mental retardation and] developmental disabilities.
    51    (j)  "Psychiatric  examiner"  means  a  qualified  psychiatrist  or  a
    52  licensed psychologist who has been designated to examine a person pursu-
    53  ant  to this article; such designee may, but need not, be an employee of
    54  the office of mental health or the office [of  mental  retardation  and]
    55  for people with developmental disabilities.

        S. 7889                             4
 
     1    (o)  "Secure  treatment  facility"  means a facility or a portion of a
     2  facility, designated by the commissioner, that may  include  a  facility
     3  located  on the grounds of a correctional facility, that is staffed with

     4  personnel from the office of mental health  or  the  office  [of  mental
     5  retardation  and]  for  people  with  developmental disabilities for the
     6  purposes of providing care and treatment to persons confined under  this
     7  article,  and  persons  defined  in paragraph five of subdivision (g) of
     8  this section. Personnel from these same agencies  may  provide  security
     9  services,  provided  that  such staff are adequately trained in security
    10  methods and so equipped as to minimize the risk or danger of escape.
    11    § 7. Subdivision (a) of section 10.05 of the mental  hygiene  law,  as
    12  added by chapter 7 of the laws of 2007, is amended to read as follows:
    13    (a)  The  commissioner  of  mental  health,  in  consultation with the
    14  commissioner of the department of correctional services and the  commis-

    15  sioner  of  [mental  retardation  and] developmental disabilities, shall
    16  establish a case review panel consisting of at  least  fifteen  members,
    17  any  three  of  whom  may  sit as a team to review a particular case. At
    18  least two members of each team shall be professionals in  the  field  of
    19  mental  health  or  the  field of [mental retardation and] developmental
    20  disabilities, as appropriate, with experience in the treatment,  diagno-
    21  sis, risk assessment or management of sex offenders. To the extent prac-
    22  ticable, the workload of the case review panel should be evenly distrib-
    23  uted among its members. Members of the case review panel and psychiatric
    24  examiners  should  be free to exercise independent professional judgment
    25  without pressure or retaliation for the exercise of that  judgment  from
    26  any source.

    27    §  8.  The article heading of article 13 of the mental hygiene law, as
    28  added by chapter 978 of the laws of 1977, is amended to read as follows:
    29              OFFICE [OF MENTAL RETARDATION AND] FOR PEOPLE WITH
    30                         DEVELOPMENTAL DISABILITIES
    31    § 9. The closing paragraph of section 13.01 of the mental hygiene law,
    32  as amended by chapter 353 of the laws of 2004, is  amended  to  read  as
    33  follows:
    34    To  accomplish  these  goals and meet the particular needs of [persons
    35  with mental retardation and] individuals  with  developmental  disabili-
    36  ties,  a  new  autonomous  agency  to  be known as the office [of mental
    37  retardation and] for people with  developmental  disabilities  has  been
    38  established.  The  office  and its commissioner shall plan and work with

    39  local governments and  voluntary  organizations  and  all  providers  of
    40  services,  and  [persons  with  mental retardation and] individuals with
    41  developmental disabilities and their families  and  representatives,  to
    42  develop  an effective, integrated, comprehensive system for the delivery
    43  of all necessary supports and  services  to  all  [persons  with  mental
    44  retardation  and]  individuals  with  developmental  disabilities and to
    45  create financing procedures and mechanisms to support such a  system  of
    46  supports and services to ensure that all individuals with [mental retar-
    47  dation  and] developmental disabilities in need of supports and services
    48  receive appropriate and timely supports  and  services  close  to  their
    49  families  and  community.  In  carrying  out these responsibilities, the

    50  office and its commissioner shall make full use of existing services  in
    51  the  community,  including those provided by voluntary and other service
    52  organizations, and  within  annual  amounts  made  available  shall  add
    53  in-home,  residential  and  day service and support capacity, to address
    54  the needs of [persons with  mental  retardation  and]  individuals  with
    55  developmental disabilities.

        S. 7889                             5
 
     1    Any  provisions  of  this article which explicitly or implicitly apply
     2  to, or reference, persons who are mentally retarded, shall be deemed  to
     3  apply to, or reference, persons with developmental disabilities.
     4    § 10. Section 13.03 of the mental hygiene law, as added by chapter 978
     5  of the laws of 1977, is amended to read as follows:

     6  § 13.03 Definitions.
     7    As used in this title:
     8    1. "office"  means  the  office [of mental retardation and] for people
     9  with developmental disabilities.
    10    2. "commissioner" means the head of the office [of mental  retardation
    11  and] for people with developmental disabilities.
    12    § 11. The opening paragraph of subdivision (c) of section 13.05 of the
    13  mental  hygiene  law,  as  amended by chapter 55 of the laws of 1992, is
    14  amended to read as follows:
    15    The mental retardation and developmental disabilities advisory council
    16  shall have no executive, administrative or appointive duties.  The coun-
    17  cil shall have the duty to foster public understanding and acceptance of
    18  [mental retardation and] developmental disabilities. It shall, in  coop-

    19  eration  with the commissioner of [mental retardation and] developmental
    20  disabilities, establish statewide goals and objectives for services  for
    21  [persons  with  mental  retardation  and] individuals with developmental
    22  disabilities and shall advise the commissioner  on  matters  related  to
    23  development  and implementation of the [OMRDD's] OPWDD's triennial state
    24  developmental disabilities comprehensive plan as  required  under  para-
    25  graph  two of subdivision (b) of section 5.07 of this chapter. The advi-
    26  sory council shall have the power to consider any matter relating to the
    27  improvement of the state [mental retardation and] developmental disabil-
    28  ities program and shall advise the commissioner of  [mental  retardation

    29  and]  developmental  disabilities  thereon and on any matter relating to
    30  the performance of their duties with relation to  [persons  with  mental
    31  retardation  and]  individuals  with  developmental  disabilities and on
    32  policies, goals, budget  and  operation  of  developmental  disabilities
    33  services.
    34    §  12. The section heading and subdivision (a) of section 13.07 of the
    35  mental hygiene law, the section heading as added by chapter 978  of  the
    36  laws  of  1977 and subdivision (a) as amended by chapter 676 of the laws
    37  of 1994, are amended to read as follows:
    38    Office [of mental retardation and] for people with developmental disa-
    39  bilities; scope of responsibilities.
    40    (a) The office [of mental retardation and] for  people  with  develop-

    41  mental disabilities shall assure the development of comprehensive plans,
    42  programs,  and  services in the areas of research, prevention, and care,
    43  treatment, habilitation, rehabilitation, vocational and other education,
    44  and training of [persons with mental retardation and]  individuals  with
    45  developmental  disabilities. Such plans, programs, and services shall be
    46  developed by the cooperation of the office, other offices of the depart-
    47  ment where appropriate, other  state  departments  and  agencies,  local
    48  governments,  community organizations and agencies providing services to
    49  [persons with mental retardation  and]  individuals  with  developmental
    50  disabilities,  [and  persons  with  mental retardation and developmental
    51  disabilities,] their families  and  representatives.  It  shall  provide

    52  appropriate  facilities,  programs,  supports and services and encourage
    53  the provision of facilities, programs, supports and  services  by  local
    54  government and community organizations and agencies.

        S. 7889                             6
 
     1    §  13.  Subdivision (f) of section 13.09 of the mental hygiene law, as
     2  added by chapter 491 of the laws of 2008, is relettered subdivision  (g)
     3  and amended to read as follows:
     4    (g) The commissioner, in cooperation with other applicable state agen-
     5  cies,  shall be authorized to collect, retain or modify data or records,
     6  or to transmit such data or records to the division of criminal  justice
     7  services,  or  to  the criminal justice information services division of
     8  the federal bureau of investigation, for the purposes of  responding  to

     9  queries to the national instant criminal background check system regard-
    10  ing  attempts  to  purchase or otherwise take possession of firearms, as
    11  defined in 18 USC 921(a)(3), in accordance with applicable federal  laws
    12  or  regulations.  Such  records  shall include only names and other non-
    13  clinical identifying information of persons  who  have  had  a  guardian
    14  appointed  for  them  pursuant to any provision of state law, based on a
    15  determination that as a result of marked subnormal intelligence,  mental
    16  illness, incapacity, condition or disease, they lack the mental capacity
    17  to  contract  or  manage  their  own  affairs, and persons who have been
    18  involuntarily committed to a facility pursuant  to  article  fifteen  of
    19  this  chapter,  or article seven hundred thirty or section 330.20 of the
    20  criminal procedure law or sections 322.2 or 353.4 of  the  family  court

    21  act.  The  commissioner  shall  establish  within  the office [of mental
    22  retardation and] for people with developmental disabilities an  adminis-
    23  trative  process  to permit a person who has been or may be disqualified
    24  from possessing such a firearm pursuant to 18 USC 922(4)(d) to  petition
    25  for  relief  from that disability where such person's record and reputa-
    26  tion are such that such person will not be likely to  act  in  a  manner
    27  dangerous  to  public  safety and where the granting of the relief would
    28  not be contrary to public  safety.  The  commissioner  shall  promulgate
    29  regulations  to  establish  the  relief from disabilities program, which
    30  shall include, but not be limited to, provisions providing for:  (i)  an
    31  opportunity for a disqualified person to petition for relief in writing;

    32  (ii) the authority for the agency to require that the petitioner undergo
    33  a  clinical evaluation and risk assessment; and (iii) a requirement that
    34  the agency issue a decision in writing  explaining  the  reasons  for  a
    35  denial  or  grant  of  relief.  The denial of a petition for relief from
    36  disabilities may be reviewed de novo pursuant to the  proceedings  under
    37  article seventy-eight of the civil practice law and rules.
    38    §  14. The section heading of section 13.11 of the mental hygiene law,
    39  as added by chapter 978 of the laws of  1977,  is  amended  to  read  as
    40  follows:
    41    Organization  and  administration of the office [of mental retardation
    42  and] for people with developmental disabilities and its facilities.
    43    § 15. The section heading of section 13.15 of the mental hygiene  law,

    44  as  added  by  chapter  978  of  the laws of 1977, is amended to read as
    45  follows:
    46    Programs of the office [of mental retardation  and]  for  people  with
    47  developmental disabilities.
    48    §  16. The section heading of section 13.17 of the mental hygiene law,
    49  as added by chapter 978 of the laws of  1977,  is  amended  to  read  as
    50  follows:
    51    Programs,  services,  and  operations  of facilities in the office [of
    52  mental retardation and] for people with developmental disabilities.
    53    § 17. Subdivisions (a) and (d) of section 13.19 of the mental  hygiene
    54  law,  subdivision  (a) as amended by chapter 307 of the laws of 1979 and
    55  subdivision (d) as added by chapter 978 of the laws of 1977, are amended
    56  to read as follows:

        S. 7889                             7
 

     1    (a) The commissioner may, within the  amounts  appropriated  therefor,
     2  appoint  and  remove  in accordance with law and applicable rules of the
     3  state civil service commission,  such  officers  and  employees  of  the
     4  office  [of  mental retardation and] for people with developmental disa-
     5  bilities  and  school and facility officers and employees who are desig-
     6  nated managerial or confidential pursuant to  article  fourteen  of  the
     7  civil service law as are necessary for efficient administration.
     8    (d)  The  use  of  volunteers  at  facilities in the office [of mental
     9  retardation and] for people with  developmental  disabilities  shall  be
    10  encouraged.  The  commissioner  may establish regulations governing such
    11  volunteer services.
    12    § 18. The section heading and subdivisions  (a)  and  (c)  of  section

    13  13.21 of the mental hygiene law, the section heading and subdivision (c)
    14  as  added  by  chapter  978  of  the laws of 1977 and subdivision (a) as
    15  amended by chapter 538 of the laws of  1987,  are  amended  to  read  as
    16  follows:
    17    Directors  of  schools  in  the office [of mental retardation and] for
    18  people with developmental disabilities.
    19    (a) The director of a school in the office [of mental retardation and]
    20  for people with developmental disabilities shall  be  appointed  by  the
    21  commissioner and shall be its chief executive officer. The director of a
    22  school  shall be the director of the developmental disabilities services
    23  office serving the areas designated by the commissioner  in  regulation,
    24  and in such context, the term facility shall also refer to such develop-

    25  mental  disabilities services office. Each such director shall be in the
    26  non-competitive class and  designated  as  confidential  as  defined  by
    27  subdivision  two-a  of  section  forty-two  of the civil service law and
    28  shall serve at the pleasure of the commissioner. Except for  school  and
    29  facility  officers  and  employees  for which subdivision (a) of section
    30  13.19 of this article makes the commissioner the appointing and removing
    31  authority, the director of a school shall have the power, within amounts
    32  appropriated therefor, to appoint and remove in accordance with law  and
    33  applicable rules of the state civil service commission such officers and
    34  employees  of  the facility of which he or she is director as are neces-
    35  sary for its efficient administration. He or she shall in exercising his

    36  or her appointing authority take, consistent with article twenty-three-A
    37  of the correction law, all reasonable and necessary steps to insure that
    38  any such person so appointed has not previously engaged in  any  act  in
    39  violation  of  any  law  which could compromise the health and safety of
    40  patients in the facility of which he or she is  director.    He  or  she
    41  shall  manage the facility, and administer its personnel system, subject
    42  to applicable law, the regulations of the commissioner, and the rules of
    43  the state civil service commission. Before the commissioner shall  issue
    44  any  such  regulation  or  any  amendment or revision thereof, he or she
    45  shall consult with the directors of schools in the office regarding  its
    46  suitability.  The  director  shall maintain effective supervision of all

    47  parts of the facility and over all persons employed  therein  or  coming
    48  thereon  and  shall generally direct the care and treatment of patients.
    49  Directors presently serving at facilities of the office  shall  continue
    50  to serve under the terms of their original appointment.
    51    (c)  In  any  investigation into the treatment and care of patients or
    52  the conduct, performance, or neglect of duty of officers  or  employees,
    53  the  director  of a school in the office [of mental retardation and] for
    54  people with developmental disabilities shall be authorized  to  subpoena
    55  witnesses, compel their attendance, administer oaths to witnesses, exam-
    56  ine  witnesses  under  oath,  and require the production of any books or

        S. 7889                             8
 

     1  papers deemed relevant to  the  inquiry  or  investigation.  A  subpoena
     2  issued  under  this section shall be regulated by the civil practice law
     3  and rules.
     4    §  19. Subdivisions (b) and (d) of section 13.27 of the mental hygiene
     5  law, as added by chapter 978 of the laws of 1977, are amended to read as
     6  follows:
     7    (b) Fire mutual aid. In cooperation with the development and operation
     8  of plans for mutual aid in cases of fire and other  public  emergencies,
     9  the director of a facility in the office [of mental retardation and] for
    10  people with developmental disabilities, with the approval of the commis-
    11  sioner, may authorize the fire department of the facility to furnish aid
    12  to  such territory surrounding the facility as may be practical in cases
    13  of fire and such emergencies, having due regard to  the  safety  of  the

    14  patients  and  property  of  the  facility and to engage in practice and
    15  training programs in connection with the development  and  operation  of
    16  such mutual aid plans.
    17    (d)  Laboratory  services.  Subject to the commissioner's regulations,
    18  the director may agree to make the laboratory service of a  facility  in
    19  the  office  [of  mental  retardation and] for people with developmental
    20  disabilities available to adjacent local governments  and  may  receive,
    21  apply, and spend money for the extension of laboratory service according
    22  to the terms of the agreement as approved by the commissioner.
    23    §  20. Subdivisions (a) and (c) of section 13.29 of the mental hygiene
    24  law, as added by chapter 978 of the laws of 1977, are amended to read as
    25  follows:
    26    (a) The commissioner, on behalf of the state  and  if  in  the  public

    27  interest,  shall  accept,  hold in trust, administer, apply, execute, or
    28  use gifts, devises, bequests, grants, powers, or trusts of  personal  or
    29  real  property made to the state, the office [of mental retardation and]
    30  for people  with  developmental  disabilities,  a  facility  within  the
    31  office,  the  commissioner,  or  the directors or visitors of facilities
    32  which are to be used or may be used  for  purposes  of  the  office  [of
    33  mental  retardation  and]  for  people  with developmental disabilities,
    34  including, but not limited to, the maintenance, support, or  benefit  of
    35  one or more patients in a facility.
    36    (c)  Subdivisions (a) and (b) of this section apply to gifts, devises,
    37  bequests, grants, powers, or trusts given to, received,  or  applied  by

    38  the  state, the commissioner, the office [of mental retardation and] for
    39  people with developmental disabilities, or facilities thereof and prede-
    40  cessor officers, agencies, or facilities prior to as well as  subsequent
    41  to the enactment of this section.
    42    §  21.  The  opening  paragraph  and paragraph 1 of subdivision (a) of
    43  section 13.31 of the mental hygiene law, as added by chapter 978 of  the
    44  laws of 1977, are amended to read as follows:
    45    The  commissioner, or the officer or employee of the office designated
    46  by him or her, shall:
    47    1. Receive and turn over to the comptroller for liquidation all bonds,
    48  notes, mortgages, trust funds,  and  other  securities  and  obligations
    49  belonging  to  the  office  [of  mental retardation and] for people with

    50  developmental disabilities or any subdivision thereof,  except  such  as
    51  may  have come into the possession of the said office or any subdivision
    52  thereof on account of or for the payment of charges for the care,  main-
    53  tenance,  and treatment after January first, nineteen hundred sixty-four
    54  of patients at those mental hygiene facilities  as  defined  in  section
    55  three  of the facilities development corporation act which are under his
    56  or her jurisdiction, in which case the same shall be turned over to  the

        S. 7889                             9
 
     1  commissioner  of taxation and finance as agent for the facilities devel-
     2  opment corporation for liquidation, and he or she shall have the author-
     3  ity to transfer all such securities and evidences of indebtedness and to

     4  execute  on  behalf of the office [of mental retardation and] for people
     5  with developmental disabilities or any of its facilities or the  facili-
     6  ties development corporation a satisfaction and release thereof.
     7    §  22.  Paragraph  2 of subdivision (i) and subdivision (m) of section
     8  13.33 of the mental hygiene law,  paragraph  2  of  subdivision  (i)  as
     9  amended by chapter 14 of the laws of 1990 and subdivision (m) as amended
    10  by chapter 118 of the laws of 1991, are amended to read as follows:
    11    (2)  Any member or members of the board may visit and inspect a commu-
    12  nity residence operated by the office [of mental  retardation  and]  for
    13  people  with  developmental  disabilities, which is within the catchment
    14  area of the school on the board of which such member or  members  serve.

    15  Such  member  or members shall be granted access to such facility and to
    16  all books, records and data pertaining to such facility deemed necessary
    17  for carrying out the purposes of such visit and inspection. Information,
    18  books, records or data which are confidential as provided by  law  shall
    19  be  kept confidential and any limitations on the release thereof imposed
    20  by law upon the party furnishing the information, books, records or data
    21  shall apply to such member or members of the  board.    After  any  such
    22  visits  or  inspection, a report containing findings and recommendations
    23  shall be submitted promptly to the commissioner and to the  chairman  of
    24  the  state commission on quality of care [for the mentally disabled] and
    25  advocacy for persons with disabilities.
    26    (m) Members of the boards of visitors shall be considered officers  of

    27  the  office  [of  mental  retardation and] for people with developmental
    28  disabilities for the purposes of sections seventy-three, to  the  extent
    29  provided  therein,  and seventy-four of the public officers law relating
    30  to business or professional activities by state officers  and  employees
    31  and the code of ethics.
    32    §  23.  Subdivision (a) of section 13.39 of the mental hygiene law, as
    33  added by chapter 800 of the laws of 1986, is amended to read as follows:
    34    (a) Notwithstanding any other law, rule or regulation,  the  executive
    35  director, chairperson or president of a voluntary, not-for-profit corpo-
    36  ration  or  facility  which is subject to the jurisdiction of the office
    37  [of mental retardation and] for people with  developmental  disabilities
    38  shall  furnish  annually  to  the  commissioner  a list of the names and

    39  addresses of the current members of the board of directors  or  trustees
    40  of  such  facility  or  corporation. Failure to furnish such annual list
    41  shall remove such facility or corporation from consideration for  recer-
    42  tification.
    43    §  24.  Paragraph  3 of subdivision (b) of section 15.07 of the mental
    44  hygiene law, as amended by chapter 789 of the laws of 1985,  is  amended
    45  to read as follows:
    46    3.  the  right  of  the resident to communicate with the director, the
    47  board of visitors, the commissioner of [mental retardation and] develop-
    48  mental disabilities, and the mental hygiene legal service.
    49    § 25. Section 16.00 of the mental hygiene law, as added by chapter 786
    50  of the laws of 1983, is amended to read as follows:
    51  § 16.00 Regulation and quality control of  services  for  [the  mentally

    52            retarded and developmentally disabled] individuals with devel-
    53            opmental disabilities.
    54    This  article  sets  forth provisions enabling the commissioner of the
    55  office [of mental retardation and] for people with  developmental  disa-
    56  bilities  to regulate and assure the consistent high quality of services

        S. 7889                            10
 
     1  provided within the state to its [mentally retarded and  developmentally
     2  disabled citizens] citizens with developmental disabilities. The commis-
     3  sioner  may  adopt and promulgate any regulation reasonably necessary to
     4  implement  and  effectively  exercise  the powers and perform the duties
     5  conferred by this article. This article shall govern  the  operation  of

     6  programs, provision of services and the facilities hereinafter described
     7  and  the  commissioner's  powers and authority with respect thereto, and
     8  shall supersede, as to such matters, sections of article thirty-one that
     9  are inconsistent with the provisions of this chapter.
    10    Any provisions of this article which explicitly  or  implicitly  apply
    11  to,  or reference, persons who are mentally retarded, shall be deemed to
    12  apply to, or reference, persons with developmental disabilities.
    13    § 26. Paragraph 4 of subdivision (b) of section 16.17  of  the  mental
    14  hygiene  law,  as amended by chapter 169 of the laws of 1992, is amended
    15  to read as follows:
    16    (4) The facility operator, within ten days of the date when the  emer-
    17  gency  suspension or limitation pursuant to paragraph one of this subdi-

    18  vision is first imposed, may request an evidentiary hearing  to  contest
    19  the  validity of the emergency suspension or limitation. Such an eviden-
    20  tiary hearing shall commence within ten days of the facility  operator's
    21  request  and  no request for an adjournment shall be granted without the
    22  concurrence of the facility operator, office [of mental retardation and]
    23  for people with developmental disabilities, and the hearing officer. The
    24  evidentiary hearing shall be limited to those violations of federal  and
    25  state  law  and  regulations  that  existed at the time of the emergency
    26  suspension or limitation and which gave rise to the emergency suspension
    27  or limitation. The emergency suspension or limitation  shall  be  upheld
    28  upon  a  determination  that  the office [of mental retardation and] for

    29  people with developmental disabilities had reasonable cause  to  believe
    30  that  a  client's  health  or safety was in imminent danger. A record of
    31  such hearing shall be made  available  to  the  facility  operator  upon
    32  request.   Should the commissioner determine to revoke, suspend or limit
    33  the facility's operating certificate pursuant to subdivision (a) of this
    34  section, no administrative hearing on that action shall  commence  prior
    35  to  the  conclusion  of  the evidentiary hearing. The commissioner shall
    36  issue a ruling within ten days after the receipt of  the  hearing  offi-
    37  cer's report.
    38    §  27.  Subdivision (d) of section 16.27 of the mental hygiene law, as
    39  added by chapter 611 of the laws of 1981 and such section as  renumbered
    40  by chapter 786 of the laws of 1983, is amended to read as follows:

    41    (d)  This  section shall apply only to the facilities under the juris-
    42  diction of the office [of mental retardation and] for people with devel-
    43  opmental disabilities. Reference to the  commissioner  in  this  section
    44  shall  mean  the  commissioner of [the office of mental retardation and]
    45  developmental disabilities.
    46    § 28. Subparagraphs (I) and (II) of paragraph 2 of subdivision (i)  of
    47  section  29.15  of  the mental hygiene law, as amended by chapter 534 of
    48  the laws of 2006, are amended to read as follows:
    49    (I) A patient about to be discharged or conditionally released from  a
    50  department facility licensed or operated by the office [of mental retar-
    51  dation  and] for people with developmental disabilities or from an inpa-

    52  tient facility operated or licensed by the office of [alcohol]  alcohol-
    53  ism  and  substance  abuse services or the office of mental health to an
    54  adult home or residence for adults, as defined in  section  two  of  the
    55  social  services  law,  shall be referred only to such home or residence
    56  that is consistent with that patient's needs and that operates  pursuant

        S. 7889                            11
 
     1  to  section  four  hundred  sixty  of  the social services law, provided
     2  further that: (A) for a department facility licensed or operated by  the
     3  office  [of  mental retardation and] for people with developmental disa-
     4  bilities  or  for an inpatient facility operated by the office of [alco-

     5  hol] alcoholism and substance abuse services or  the  office  of  mental
     6  health, the facility director retains authority to determine whether the
     7  home,  program  or residence is consistent with that patient's needs and
     8  (B) such referral shall be made to the patient's  home  county  whenever
     9  possible or appropriate.
    10    (II)  No patient about to be discharged or conditionally released from
    11  a department facility licensed or operated  by  the  office  [of  mental
    12  retardation  and]  for people with developmental disabilities or from an
    13  inpatient facility operated or licensed by the office of [alcohol] alco-
    14  holism and substance abuse services or the office of mental health shall
    15  be referred to any adult home or residence for  adults,  as  defined  in

    16  section  two  of the social services law, which has received an official
    17  written notice from the department of health of: (A) the proposed  revo-
    18  cation, suspension or denial of its operating certificate; (B) the limi-
    19  tation  of its operating certificate with respect to new admissions; (C)
    20  the issuance of a department of health order or commissioner of health's
    21  order or the seeking  of  equitable  relief  pursuant  to  section  four
    22  hundred  sixty-d of the social services law; (D) the proposed assessment
    23  of civil penalties for violations of the provisions of subparagraph  two
    24  of paragraph (b) of subdivision seven of section four hundred sixty-d of
    25  the  social services law; or placement on the "do not refer list" pursu-
    26  ant to subdivision fifteen of section four hundred sixty-d of the social
    27  services law.  Referrals may resume when such  enforcement  actions  are
    28  resolved.

    29    § 29. Section 29.20 of the mental hygiene law, as added by chapter 425
    30  of the laws of 1991, is amended to read as follows:
    31  § 29.20 In-patient nasogastric feeding procedures.
    32    The commissioners of the [offices] office of mental health and [mental
    33  retardation  and]  the office for people with developmental disabilities
    34  of the department shall each promulgate and administer  regulations  and
    35  policies  governing  the  maximum size of nasogastric feeding tubes with
    36  the principal purposes of protecting patients from undue discomfort, for
    37  the benefit of any patient in a facility subject to the jurisdiction  of
    38  the commissioners.
    39    §  30. The opening paragraph and subdivision 4 of section 29.29 of the
    40  mental hygiene law, as amended by chapter 24 of the laws  of  2007,  are
    41  amended to read as follows:

    42    The commissioners of the [offices] office of mental health and [mental
    43  retardation  and]  the office for people with developmental disabilities
    44  of the department shall establish policies and  uniform  procedures  for
    45  their respective offices for the reporting, compilation, and analysis of
    46  incident reports. Incident reports shall, for the purposes of this chap-
    47  ter, mean reports of accidents and injuries affecting patient health and
    48  welfare  at  facilities. These policies and procedures shall include but
    49  shall not be limited to:
    50    4. Each facility shall aggregate its data monthly for the director and
    51  that aggregated information shall be submitted, at  least  semi-annually
    52  to  the  commissioner  of the office of mental health and to the commis-

    53  sioner of the office [of mental retardation and] for people with  devel-
    54  opmental disabilities.
    55    §  31.  Subdivision  6  of  section 29.29 of the mental hygiene law is
    56  REPEALED.

        S. 7889                            12
 
     1    § 32. The section heading, the opening paragraph  of  subdivision  (a)
     2  and subdivisions (b) and (c) of section 33.02 of the mental hygiene law,
     3  the  section  heading  as  added by chapter 325 of the laws of 1985, the
     4  opening paragraph of subdivision (a) as amended by chapter  401  of  the
     5  laws  of  2006 and subdivisions (b) and (c) as amended by chapter 306 of
     6  the laws of 1995, are amended to read as follows:
     7    Notice of rights of [the mentally disabled]  individuals  with  mental
     8  disabilities.

     9    In  order  to ensure that residents of facilities or programs operated
    10  or licensed by the office of mental health and  facilities  or  programs
    11  operated  or  certified  by  the  office [of mental retardation and] for
    12  people with developmental disabilities are treated consistently with the
    13  laws and regulations assuring quality  care,  the  commissioner  of  the
    14  office  of  mental  health and the commissioner of the office [of mental
    15  retardation  and]  for  people  with  developmental  disabilities  shall
    16  promulgate  regulations  informing  residents of their rights under law.
    17  Such regulations shall include, but not be limited to,  informing  resi-
    18  dents that they have the right to:
    19    (b) The foregoing rights may not be limited as a punishment or for the

    20  convenience  of  staff. Any limitation on the rights enumerated shall be
    21  permitted for an individual resident of a hospital operated or  licensed
    22  by  the  office of mental health or developmental center operated by the
    23  office [of mental retardation and] for people with  developmental  disa-
    24  bilities  only upon written order of a physician in the resident's clin-
    25  ical record stating the clinical justification for such  limitation  and
    26  the  specific period of time such limitation shall remain in effect. Any
    27  limitation on the rights enumerated shall be permitted for an individual
    28  resident of any  other  residential  facility  or  program  operated  or
    29  licensed  by the office of mental health or operated or certified by the
    30  office [of mental retardation and] for people with  developmental  disa-

    31  bilities  only  upon  written  order  by the director or chief executive
    32  officer of such facility or program upon receipt of a recommendation  by
    33  the  treating  practitioner as defined by paragraph seven of subdivision
    34  (a) of section 33.16 of this article with such order to be placed in the
    35  resident's clinical record stating the clinical justification  for  such
    36  limitation  and the specific period of time such limitation shall remain
    37  in effect.
    38    (c) The commissioners and the facility director shall  ensure  that  a
    39  notice  of  the  rights  included in regulations promulgated pursuant to
    40  this section is posted in each ward or living  area  of  every  hospital
    41  operated  or  licensed by the office of mental health and every develop-
    42  mental center operated by the office [of  mental  retardation  and]  for

    43  people with developmental disabilities, and that such notice is provided
    44  to  every  individual  resident  of  any  other  residential facility or
    45  program operated or licensed by the respective offices upon admission to
    46  such facility or program, upon limitation on any right, or at the  indi-
    47  vidual's  request.  The  notice  shall include the address and telephone
    48  numbers of the office of the facility director or such person's designee
    49  responsible for receiving questions or complaints, the board of visitors
    50  if applicable, the mental hygiene legal service and  the  commission  on
    51  quality  of  care  [for  the mentally disabled] and advocacy for persons
    52  with disabilities.
    53    § 33. Subdivision (e) of section 33.07 of the mental hygiene  law,  as
    54  added by chapter 709 of the laws of 1986, is amended to read as follows:

    55    (e)  A  mental  hygiene facility which is a representative payee for a
    56  patient pursuant to designation by the social security administration or

        S. 7889                            13
 
     1  which assumes management responsibility over the  funds  of  a  patient,
     2  shall  maintain  such  funds in a fiduciary capacity to the patient. The
     3  commissioners of mental health and  [mental  retardation  and]  develop-
     4  mental  disabilities shall develop standards regarding the management of
     5  patient funds.
     6    § 34. Subdivision (c) of section 33.09 of the mental hygiene  law,  as
     7  amended  by  chapter  690  of  the  laws  of 1989, is amended to read as
     8  follows:
     9    (c) The provisions of the workers' compensation law, the  unemployment
    10  insurance  law, and articles thirteen, nineteen, and twenty of the labor

    11  law shall not apply to any patient in a facility  with  respect  to  his
    12  participation  in  a sheltered workshop program, provided, however, that
    13  participants in sheltered workshop programs operated by  the  office  of
    14  mental  health,  the  office [of mental retardation and] for people with
    15  developmental disabilities or voluntary agencies or institutional worker
    16  programs operated by the office of mental health shall be  eligible  for
    17  workers'  compensation benefits (excluding benefits provided pursuant to
    18  article nine of the workers' compensation law) if such offices or  agen-
    19  cies  elect  to  provide  such benefits. Sheltered workshops operated at
    20  department facilities shall be  subject  to  the  laws  and  regulations
    21  applicable to sheltered workshops operated by voluntary agencies.
    22    §  35.  Section 33.11 of the mental hygiene law, as amended by chapter

    23  345 of the laws of 1985, is amended to read as follows:
    24  § 33.11 Education for [mentally disabled] children with mental disabili-
    25            ties.
    26    The office of mental health and the office [of mental retardation and]
    27  for people with developmental disabilities shall provide the same educa-
    28  tion for patients in office of mental health hospitals and residents  in
    29  office  [of  mental retardation and] for people with developmental disa-
    30  bilities schools who are between the ages of five and  twenty-one  which
    31  they  would  otherwise  be  entitled  to  receive  in their local school
    32  districts pursuant to article eighty-nine of the education law. The cost
    33  of such education shall be a charge upon and shall be paid by the office

    34  of mental health or the office [of mental retardation  and]  for  people
    35  with  developmental disabilities when received within such a hospital or
    36  school by a patient or resident therein. Such education shall be adapted
    37  to the mental attainments of such children. Provided, however, that such
    38  children as can benefit therefrom shall be admitted to  the  schools  of
    39  the  school  district  in  which  such  hospital or school is located in
    40  accordance with regulations of the commissioner of  education  developed
    41  in  consultation  with  the  commissioners  of mental health and [mental
    42  retardation and] developmental disabilities. The cost of  such  instruc-
    43  tion  less  the  [State]  state aid attributed to such child, shall be a
    44  charge upon the school district in which the child resided at  the  time

    45  of  admission  to  the [State] state hospital or school, except in those
    46  cases as provided in paragraph c of subdivision five of section  thirty-
    47  two hundred two of the education law.
    48    § 36. Section 33.12 of the mental hygiene law, as added by chapter 345
    49  of the laws of 1985, is amended to read as follows:
    50  § 33.12 Hearing evaluation.
    51    The  office  [of mental retardation and] for people with developmental
    52  disabilities shall provide suitable hearing evaluations periodically for
    53  the residents in state schools. Upon the ascertainment that any resident
    54  so evaluated is deaf or hard of hearing, it shall be  the  duty  of  the
    55  office  to  provide  suitable  remedial  efforts, to include, but not be
    56  limited to, hearing aids, alternative forms of communication and audito-


        S. 7889                            14
 
     1  ry training to overcome this handicap and to ascertain the true level of
     2  intelligence of such residents.
     3    §  37.  Subdivision (a) and paragraph 10 of subdivision (c) of section
     4  33.13 of the mental hygiene law, subdivision (a) as amended  by  chapter
     5  571  of  the laws of 2005 and paragraph 10 of subdivision (c) as amended
     6  by chapter 230 of the laws of 2008, are amended to read as follows:
     7    (a) A clinical record for each patient or client shall  be  maintained
     8  at  each facility licensed or operated by the office of mental health or
     9  the office [of mental retardation and]  for  people  with  developmental
    10  disabilities,  hereinafter  referred to as the offices. For the purposes
    11  of this section, the term "facility" shall mean "facility" as such  term

    12  is defined in section 1.03 of this chapter, provided, however, such term
    13  shall  also  include  any provider of services for [persons] individuals
    14  with mental illness[, mental retardation] or developmental  disabilities
    15  which  is operated by, under contract with, receives funding from, or is
    16  otherwise approved to  render  services  by,  a  director  of  community
    17  services pursuant to article forty-one of this chapter or one or both of
    18  the  offices,  including  any  such  provider  which  is exempt from the
    19  requirement for an operating certificate under article sixteen or  arti-
    20  cle  thirty-one of this chapter. The record shall contain information on
    21  all matters relating to the admission, legal status, care, and treatment
    22  of the patient or client  and  shall  include  all  pertinent  documents

    23  relating to the patient or client. The commissioners of such offices, by
    24  regulation,  each  shall  determine  the  scope  and method of recording
    25  information, including  data  pertaining  to  admission,  legal  matters
    26  affecting  the patient or client, records and notation of course of care
    27  and treatment, therapies, restrictions on patient's or client's  rights,
    28  periodic  examinations,  and  such  other  information  as he or she may
    29  require.
    30    10. to a correctional facility, when the chief administrative  officer
    31  has  requested  such  information with respect to a named inmate of such
    32  correctional facility as defined by subdivision three of  section  forty
    33  of  the  correction  law or to the division of parole, when the division
    34  has requested such information with respect to a person under its juris-
    35  diction or an inmate of a state correctional facility, when such  inmate

    36  is  within  four weeks of release from such institution to the jurisdic-
    37  tion of the division of parole. Information released  pursuant  to  this
    38  paragraph  may  be limited to a summary of the record, including but not
    39  limited to: the basis for referral to the facility; the  diagnosis  upon
    40  admission and discharge; a diagnosis and description of the patient's or
    41  client's  current  mental  condition;  the  current course of treatment,
    42  medication and therapies; and the facility's recommendation  for  future
    43  mental  hygiene  services,  if any. Such information may be forwarded to
    44  the department of correctional services staff in need of  such  informa-
    45  tion  for  the  purpose  of making a determination regarding an inmate's
    46  health care, security, safety or ability to participate in programs.  In
    47  the  event  an  inmate is transferred, the sending correctional facility

    48  shall forward, upon request, such summaries to the chief  administrative
    49  officer of any correctional facility to which the inmate is subsequently
    50  incarcerated.  The  office  of  mental  health and the office [of mental
    51  retardation and] for people with developmental disabilities, in  consul-
    52  tation  with  the  commission  of correction and the division of parole,
    53  shall promulgate rules and regulations to implement  the  provisions  of
    54  this paragraph.

        S. 7889                            15
 
     1    §  38.  Subdivision (d) of section 33.16 of the mental hygiene law, as
     2  amended by chapter 223 of the laws  of  1992,  is  amended  to  read  as
     3  follows:
     4    (d)  Clinical  records  access  review committees. The commissioner of
     5  mental health, the commissioner of  [mental  retardation  and]  develop-

     6  mental  disabilities  and  the  commissioner of alcoholism and substance
     7  abuse services shall appoint clinical record access review committees to
     8  hear appeals of the denial of access to patient  or  client  records  as
     9  provided  in  paragraph four of subdivision (c) of this section. Members
    10  of such committees shall be appointed by the  respective  commissioners.
    11  Such  clinical  record access review committees shall consist of no less
    12  than three nor more than five persons. The commissioners  shall  promul-
    13  gate  rules  and  regulations  necessary to effectuate the provisions of
    14  this subdivision.
    15    § 39. Paragraph 1 of subdivision (a) and paragraph  2  of  subdivision
    16  (e)  of section 41.34 of the mental hygiene law, paragraph 1 of subdivi-
    17  sion (a) as amended by chapter 1025 of the laws of 1981 and paragraph  2

    18  of  subdivision  (e)  as  added  by chapter 823 of the laws of 1992, are
    19  amended to read as follows:
    20    (1) "Community residential facility for the disabled" means a support-
    21  ive living facility with four to  fourteen  residents  or  a  supervised
    22  living  facility  subject to licensure by the office of mental health or
    23  the office [of mental retardation and]  for  people  with  developmental
    24  disabilities  which  provides  a  residence for up to fourteen [mentally
    25  disabled persons] individuals with mental disabilities, including  resi-
    26  dential treatment facilities for children and youth.
    27    (2)  The office of mental health and the office [of mental retardation
    28  and] for people with developmental disabilities shall not issue an oper-

    29  ating certificate for the operation of a supportive living facility or a
    30  supervised living facility of more than fourteen residents if the agency
    31  or unit of government, voluntary agency or any other person or organiza-
    32  tion which intends to establish or operate  such  a  facility  does  not
    33  notify  the  chief  executive  officer of the municipality in which that
    34  facility is to be established in writing of the intention  to  establish
    35  such  facility  and  include  in such notice the specific address of the
    36  site, the type of residence, the number of residents and  the  community
    37  support  requirements  of  the  program; provided, however, that nothing
    38  contained in this paragraph shall either be construed to require facili-
    39  ties of more than fourteen beds to meet any other  requirement  of  this
    40  section,  or  to  deem  such facilities family units for the purposes of

    41  local laws and ordinances.
    42    § 40. Paragraphs 1, 2 and 5 of subdivision (a) of section 41.36 of the
    43  mental hygiene law, paragraphs 1 and 5 as added by chapter  809  of  the
    44  laws  of  1980  and paragraph 2 as amended by chapter 262 of the laws of
    45  1992, are amended to read as follows:
    46    1. "Community residential facility"  means  any  facility  subject  to
    47  licensure  by  the  office  [of  mental retardation and] for people with
    48  developmental disabilities which  provides  a  supervised  residence  or
    49  residential respite services for [mentally disabled persons] individuals
    50  with mental disabilities.  Such term does not include family care homes.
    51    2. "Reimbursable  services"  means  services,  other than intermediate
    52  care services, comprehensive medicaid case management and personal  care

    53  services  for  which funding is available under Title XIX of the federal
    54  social security  act,  provided  at  a  community  residential  facility
    55  described by regulations of the commissioner of [mental retardation and]

        S. 7889                            16
 
     1  developmental  disabilities  for  which  fees  or rates may be paid to a
     2  provider of services pursuant to this section.
     3    5. "Commissioner"  means  the commissioner of [mental retardation and]
     4  developmental disabilities.
     5    § 41. The opening paragraph of subdivision (a) of section 41.39 of the
     6  mental hygiene law, as added by chapter 515 of  the  laws  of  1992,  is
     7  amended to read as follows:
     8    The  commissioner  of  mental  health  and the commissioner of [mental

     9  retardation and] developmental disabilities shall, consistent  with  the
    10  state  integrated  employment  implementation plan developed pursuant to
    11  subdivision two of section one thousand four-b of the education law, and
    12  subject to appropriations made therefor, to develop and support services
    13  that provide individuals with mental  disabilities  the  opportunity  to
    14  learn and develop employment related skills and work experience, includ-
    15  ing  but  not  limited  to sheltered workshops and integrated employment
    16  opportunities, including supported employment, as provided  pursuant  to
    17  sections  one  thousand  four-a and one thousand four-b of the education
    18  law. Such programs shall, to the extent possible:
    19    § 42. Subdivisions (a) and (c) of section 41.43 of the mental  hygiene
    20  law,  as amended by chapter 552 of the laws of 1992, are amended to read
    21  as follows:

    22    (a) The commissioner of the office [of  mental  retardation  and]  for
    23  people  with  developmental  disabilities, directly or through contract,
    24  and within amounts made available therefor, shall establish a family-di-
    25  rected, statewide system of comprehensive family support  services.  The
    26  purpose of family support services will be to enhance a family's ability
    27  to  provide  in-home  care  to their family members with a developmental
    28  disability.
    29    (c) For purposes of this section, family supports are goods, services,
    30  and subsidies, determined by the family  and  the  commissioner  of  the
    31  office  [of  mental retardation and] for people with developmental disa-
    32  bilities, which are provided to meet the goals of: (i) providing a qual-
    33  ity of life comparable, to the extent practicable, to that of  similarly

    34  situated  families  without a family member having a developmental disa-
    35  bility; (ii) maintaining family unity;  (iii)  preventing  premature  or
    36  inappropriate   out-of-home  placement;  (iv)  reuniting  families;  (v)
    37  enhancing parenting skills; and (vi) maximizing  the  potential  of  the
    38  family member with a developmental disability.
    39    §  43.  Section 41.46 of the mental hygiene law, as amended by chapter
    40  669 of the laws of 1995, is amended to read as follows:
    41  § 41.46 Disclosure by members, officers and employees.
    42    In the event that an agency licensed by the office [of mental retarda-
    43  tion and] for people with  developmental  disabilities,  the  office  of
    44  mental  health  or the office of alcoholism and substance abuse services
    45  enters into an agreement or  has  entered  into  an  agreement  for  the

    46  purchase,  lease,  rehabilitation  or  improvement of real property or a
    47  cooperative share in real property, any employee who receives an  annual
    48  salary  in  excess  of  thirty thousand dollars, or any board member, or
    49  officer of such agency who has a  direct  or  indirect  interest  either
    50  financial  or  beneficial in such property including the interest of any
    51  person for whom he or she is related by consanguinity or affinity, shall
    52  disclose such interest prior to the making of such agreement or  at  the
    53  time  of  acquisition  of  such  interest.   Disclosure pursuant to this
    54  section shall be made in writing to the board of directors of such agen-
    55  cy and shall indicate the material facts as to the member's,  officer's,
    56  employee's or relative's interest in such property or cooperative share.

        S. 7889                            17
 

     1  Such disclosure shall be filed with the secretary of the corporation and
     2  entered  on the minutes of a meeting of the board. Such disclosure shall
     3  also be forwarded in writing to the appropriate commissioner and to  the
     4  director  of  community  services  of the local governmental unit within
     5  which the property or cooperative share is located prior to the approval
     6  of public funding related to the property or cooperative share which  is
     7  the  subject  of disclosure made pursuant to this section or at the time
     8  of the acquisition of such interest, whichever occurs later.
     9    § 44. Subdivisions (a) and (c) of section 41.48 of the mental  hygiene
    10  law, as added by chapter 365 of the laws of 1987, are amended to read as
    11  follows:
    12    (a)  Notwithstanding  any  inconsistent  provision of this article and
    13  within appropriations made therefor, the commissioners of the  [offices]

    14  office  of  mental  health  and  [mental retardation and] the office for
    15  people with developmental disabilities are authorized upon the  applica-
    16  tion of voluntary agencies, to make payments for the reasonable price of
    17  options  to  acquire  an  interest  in real property, for the purpose of
    18  establishing a community  mental  hygiene  facility.  Such  applications
    19  shall  be  made in the manner and on forms prescribed by the appropriate
    20  commissioner. Sellers of real property  who  are  required  to  disclose
    21  financial  or  other beneficial interests in such property under section
    22  41.46 of this article shall not be eligible to  receive  payments  under
    23  this section.
    24    (c)  As used in this section the term "reasonable price" shall mean an
    25  amount that is not in excess of guidelines developed by the commissioner

    26  of the office of mental health or [mental retardation and]  the  commis-
    27  sioner  of  the  office  for  people with developmental disabilities and
    28  approved by the director of the budget and the state comptroller.
    29    § 45. Section 43.02 of the mental hygiene law, as amended  by  chapter
    30  558 of the laws of 1999, is amended to read as follows:
    31  §  43.02  Rates or methods of payment for services at facilities subject
    32              to licensure  or  certification  by  the  office  of  mental
    33              health,  the  office  [of mental retardation and] for people
    34              with developmental disabilities or the office of  alcoholism
    35              and substance abuse services.
    36    (a) Notwithstanding any inconsistent provision of law, payment made by

    37  government  agencies  pursuant  to  title  eleven of article five of the
    38  social services law for services provided by any  facility  licensed  by
    39  the office of mental health pursuant to article thirty-one of this chap-
    40  ter  or  licensed  or operated by the office [of mental retardation and]
    41  for people with developmental disabilities pursuant to  article  sixteen
    42  of  this  chapter or certified by the office of alcoholism and substance
    43  abuse services pursuant to this chapter to  provide  inpatient  chemical
    44  dependence  services,  as defined in section 1.03 of this chapter, shall
    45  be at rates or fees certified by  the  commissioner  of  the  respective
    46  office  and  approved  by  the  director  of the division of the budget,
    47  provided, however, the commissioner  of  mental  health  shall  annually
    48  certify  such  rates  or  fees  which may vary for distinct geographical

    49  areas of the state and,  provided,  further,  that  rates  or  fees  for
    50  service for inpatient psychiatric services or inpatient chemical depend-
    51  ence services, at hospitals otherwise licensed pursuant to article twen-
    52  ty-eight  of  the  public  health law shall be established in accordance
    53  with section two thousand eight hundred seven of the public health law.
    54    (b) Operators of facilities licensed by the office  of  mental  health
    55  pursuant  to  article thirty-one of this chapter, licensed by the office
    56  [of mental retardation and] for people with  developmental  disabilities

        S. 7889                            18
 
     1  pursuant  to  article sixteen of this chapter or certified by the office
     2  of alcoholism and substance abuse services pursuant to this  chapter  to

     3  provide  inpatient  chemical  dependence  services  shall provide to the
     4  commissioner  of  the  respective office such financial, statistical and
     5  program information as the commissioner may determine to  be  necessary.
     6  The  commissioner  of  the  appropriate  office  shall have the power to
     7  conduct on-site audits of books and records of such facilities.
     8    (c) The commissioner of the office of mental health, the  commissioner
     9  of  the office [of mental retardation and] for people with developmental
    10  disabilities and the  commissioner  of  the  office  of  alcoholism  and
    11  substance abuse services shall adopt rules and regulations to effectuate
    12  the  provisions  of  this  section.  Such  rules  and  regulations shall
    13  include, but not be limited to, provisions relating to:
    14    (i) the establishment of a uniform statewide  system  of  reports  and

    15  audits  relating  to  the quality of care provided, facility utilization
    16  and costs of providing services; such a  uniform  statewide  system  may
    17  provide  for  appropriate  variation in the application of the system to
    18  different classes or subclasses of facilities licensed by the office  of
    19  mental health pursuant to article thirty-one of this chapter or licensed
    20  or  operated  by  the office [of mental retardation and] for people with
    21  developmental disabilities pursuant to article sixteen of this  chapter,
    22  or  certified  by  the office of alcoholism and substance abuse services
    23  pursuant to  this  chapter  to  provide  inpatient  chemical  dependence
    24  services; and
    25    (ii) methodologies used in the establishment of the schedules of rates
    26  or fees pursuant to this section.
    27    §  46.  Subdivision  1  and  paragraph (c) of subdivision 2 of section

    28  43.04 of the mental hygiene law, subdivision 1 as amended by section 187
    29  of part A of chapter 389 of the laws of 1997, paragraph (c) of  subdivi-
    30  sion  2 as amended by section 108 of part A of chapter 56 of the laws of
    31  1998 and subparagraph (iii) of paragraph (c) of subdivision 2  as  added
    32  by section 3 of part D of chapter 58 of the laws of 2007, are amended to
    33  read as follows:
    34    1.  For  purposes of this section, provider of services shall refer to
    35  (i) those providers as defined by subdivision five of  section  1.03  of
    36  this  chapter  which  are  licensed by the office [of mental retardation
    37  and] for people with  developmental  disabilities  pursuant  to  article
    38  sixteen of this chapter as intermediate care facilities for [persons who
    39  are  developmentally  disabled] individuals with developmental disabili-

    40  ties, providers of day treatment services or specialty hospitals, except
    41  that on and after December first, nineteen hundred ninety-seven, provid-
    42  er of services shall not include  specialty  hospitals,  and  (ii),  for
    43  purposes  of  paragraph (c) of subdivision two of this section only, the
    44  term provider of services, shall mean, and for purposes of this subdivi-
    45  sion shall include, the office [of mental retardation  and]  for  people
    46  with  developmental  disabilities  as  the operator of intermediate care
    47  facilities for [persons who are  developmentally  disabled]  individuals
    48  with  developmental  disabilities.    Providers  of services are charged
    49  assessments on their gross receipts  received  from  services  and  care
    50  related  to  intermediate  care  facilities,  day treatment services, or

    51  specialty hospitals until November thirtieth, nineteen  hundred  ninety-
    52  seven,  for  [persons who are developmentally disabled] individuals with
    53  developmental disabilities and other  operating  income,  less  personal
    54  needs  allowances and refunds, on a cash basis in the percentage amounts
    55  and for the periods specified in subdivision two of this  section.  Such
    56  assessments  shall  be  submitted  by  or on behalf of such providers of

        S. 7889                            19
 
     1  services to the commissioner of the office [of mental  retardation  and]
     2  for people with developmental disabilities or his or her designee.
     3    (c)  (i)  For  the provider of services as set forth in clause (ii) of
     4  subdivision one of this section in the  category  of  intermediate  care

     5  facilities  for  [persons  who are developmentally disabled] individuals
     6  with developmental disabilities operated by the office [of mental retar-
     7  dation and] for people with developmental disabilities,  the  assessment
     8  shall  be  six-tenths  of one percent of the gross receipts received for
     9  all services rendered within such  service  category  on  a  cash  basis
    10  beginning  April  first,  nineteen  hundred ninety-five and ending March
    11  thirty-first, two thousand one.
    12    (ii) For the provider of services as  set  forth  in  clause  (ii)  of
    13  subdivision  one  of  this  section in the category of intermediate care
    14  facilities for [persons who are  developmentally  disabled]  individuals
    15  with developmental disabilities operated by the office [of mental retar-

    16  dation  and]  for  people with developmental disabilities, an additional
    17  assessment shall be two and four-tenths percent of  the  gross  receipts
    18  for  all  services rendered within such service category on a cash basis
    19  beginning April first, nineteen hundred ninety-five; provided,  however,
    20  such  additional assessment shall be five and four-tenths percent of the
    21  gross receipts received for all services rendered  within  such  service
    22  category  on  a cash basis beginning April first, nineteen hundred nine-
    23  ty-six and ending March thirty-first, two thousand one.
    24    (iii) For each provider of services as set forth  in  clause  (ii)  of
    25  subdivision  one  of  this  section in the category of intermediate care
    26  facilities for [persons who are  developmentally  disabled]  individuals

    27  with developmental disabilities operated by the office [of mental retar-
    28  dation  and] for people with developmental disabilities, notwithstanding
    29  any other provision of this paragraph, the total assessment shall be six
    30  percent of the provider's gross receipts received on a  cash  basis  for
    31  all services rendered, beginning April first, two thousand one, and five
    32  and  five-tenths  percent of the provider's gross receipts received on a
    33  cash basis for all services rendered, beginning January first, two thou-
    34  sand eight.
    35    § 47. Section 43.12 of the mental hygiene law, as added by chapter 305
    36  of the laws of 2007, is amended to read as follows:
    37  § 43.12 Electronic submission of periodic cost reports to the office [of
    38            mental retardation and] for people with developmental disabil-

    39            ities.
    40    Notwithstanding any provision  of  law,  rule  or  regulation  to  the
    41  contrary,  every  operator of a facility which is licensed by the office
    42  [of mental retardation and] for people with  developmental  disabilities
    43  (hereinafter  "office")  and every provider of services which is subject
    44  to the regulation or control of the office shall submit  electronically,
    45  via the internet, any annual cost report which is required to be submit-
    46  ted  to  the  office pursuant to the provisions of section 43.02 of this
    47  article and any rules and regulations  promulgated  thereunder  and  any
    48  other   required  periodic  cost  report  or  accounting  which  may  be
    49  prescribed by the commissioner of [mental retardation and] developmental
    50  disabilities as subject to such electronic submission. The office  shall

    51  publish  and make available at all times on its website instructions for
    52  the submission of such reports or accountings via the internet,  includ-
    53  ing  instructions  relating to the use of an electronic signature as may
    54  be required by the commissioner of  [mental  retardation  and]  develop-
    55  mental  disabilities  which signature shall be subject to, and submitted
    56  in accordance with, the provisions of the state technology law  and  any

        S. 7889                            20
 
     1  rules  and  regulations promulgated thereunder. Any operator or provider
     2  of services that is unable to submit such cost report or  accounting  in
     3  accordance  with  this  section  may apply for a waiver of such required
     4  submission  from  the  commissioner of [mental retardation and] develop-

     5  mental disabilities. The commissioner of [mental retardation and] devel-
     6  opmental disabilities may grant a waiver for  any  given  submission  to
     7  such operator or provider of services for good cause shown and may grant
     8  a  general waiver to all operators or providers of services with respect
     9  to any required submission. On and after  the  effective  date  of  this
    10  section,  any contract entered into between the office and a provider of
    11  services which involves  the  provision  of  services  to  persons  with
    12  [mental  retardation  and] developmental disabilities and which contains
    13  provisions that  require  the  submission  of  any  periodic  report  or
    14  accounting  may  also  contain provisions that require the submission of
    15  any periodic cost report or accounting required under such  contract  to
    16  be submitted electronically as set forth in this section.

    17    §  48. Paragraphs (a) and (b) of subdivision 2 of section 1 of chapter
    18  455 of the laws of 2007 relating to the  use  of  certain  language  and
    19  terminology  when  dealing  with  certain issues, are amended to read as
    20  follows:
    21    (a) avoid language that (i) implies that a person as a whole is  disa-
    22  bled  (e.g.,  the  mentally  ill or the learning disabled), (ii) equates
    23  persons with their condition (e.g., epileptics, autistics or quadrapleg-
    24  ics, (iii) has negative overtones (e.g., afflicted with cerebral  palsy,
    25  suffering  from  multiple  sclerosis, confined to a wheelchair or wheel-
    26  chair bound) or (iv) is regarded as derogatory or demeaning (e.g., hand-
    27  icapped  [or],  mentally  deficient,  mental  retardation  or   mentally
    28  retarded,  unless  such term is used for clinical purposes as defined in

    29  section 1.03 of the mental hygiene law); and
    30    (b) replace non-respectful language by referring to persons with disa-
    31  bilities as persons first (e.g., individuals with disabilities, individ-
    32  uals with developmental disabilities, individuals with  mental  illness,
    33  or individuals with autism [or individuals with mental retardation]).
    34    § 49. Terms occurring in laws, contracts and other documents.  Whenev-
    35  er  the functions, powers, obligations, duties and officials relating to
    36  the office of mental retardation and  development  disabilities  or  the
    37  commissioner  of  the office of mental retardation and development disa-
    38  bilities is referred to or designated  in  any  other  law,  regulation,
    39  contract  or  document, such reference or designation shall be deemed to
    40  refer to the appropriate functions, powers, obligations,  duties,  offi-

    41  cials and commissioner of the office for people with developmental disa-
    42  bilities, as designated by this act.
    43    §  50.  Existing  rights  and remedies preserved. No existing right or
    44  remedy of any character shall be lost, impaired or affected by reason of
    45  this act.
    46    § 51. Severability. If any clause, sentence,  paragraph,  subdivision,
    47  section  or  part contained in any part of this act shall be adjudged by
    48  any court of competent jurisdiction to be invalid, such  judgment  shall
    49  not  affect,  impair,  or invalidate the remainder thereof, but shall be
    50  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    51  sion, section or part contained in any part thereof directly involved in
    52  the  controversy  in which such judgment shall have been rendered. It is
    53  hereby declared to be the intent of the legislature that this act  would

    54  have  been enacted even if such invalid provisions had not been included
    55  herein.
    56    § 52. This act shall take effect immediately.
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