Establishes the statewide group home families working group; provides that duties include informing and advising the commissioner as to matters of importance for persons with developmental disabilities residing in group homes and their families and guardians, providing recommendations for statewide and regional priorities and goals for individuals residing in group homes and families and guardians of individuals residing in group homes, advising the commissioner on such other matters related to group homes as the statewide group home families working group deems relevant, holding regional public meetings to solicit and receive input from residents of group homes and family members and guardians of residents of group homes, and any matter relating to the performance of their duties with relation to individuals in group homes and on policies, goals, budget and operation of group homes.
STATE OF NEW YORK
________________________________________________________________________
9162
IN ASSEMBLY
January 31, 2022
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to establishing the
statewide group home families working group
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13.03 of the mental hygiene law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. "group home" means a community residence serving people with devel-
4 opmental disabilities.
5 § 2. The mental hygiene law is amended by adding a new section 13.05-a
6 to read as follows:
7 § 13.05-a Statewide group home families working group.
8 (a) There is hereby established a statewide group home families work-
9 ing group. The statewide group home families working group shall consist
10 of twenty members selected, in consultation with the commissioner, from
11 among qualified applicants or nominees as follows:
12 1. Seven members selected by the temporary president of the senate;
13 2. Seven members selected by the speaker of the assembly;
14 3. Three members selected by the minority leader of the senate; and
15 4. Three members selected by the minority leader of the assembly.
16 (b) One representative of the applicable regional developmental disa-
17 bilities services office shall sit as an ex officio member of the state-
18 wide group home families working group at each regional meeting pursuant
19 to subdivision (i) of this section.
20 (c) Members shall be persons with developmental disabilities residing
21 in group homes or family members or guardians of persons with develop-
22 mental disabilities residing in group homes. The commissioner shall
23 provide for an appropriate and timely application process to facilitate
24 selection of members.
25 (d) The statewide group home families working group shall have a
26 chairperson, who shall be elected by a majority vote of the members of
27 the statewide group home families working group.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13164-03-1
A. 9162 2
1 (e) Members shall be appointed for terms of three years. Vacancies
2 shall be filled in the same manner as original appointments for the
3 remainder of the unexpired term. The designation of a member as chair
4 shall be made biannually.
5 (f) The statewide group home families working group shall have no
6 executive, administrative or appointive duties. The duties of the state-
7 wide group home families working group shall include, but not be limit-
8 ed to:
9 1. Informing and advising the commissioner as to matters of importance
10 for persons with developmental disabilities residing in group homes and
11 their families and guardians;
12 2. Providing recommendations for statewide and regional priorities and
13 goals for individuals residing in group homes and families and guardians
14 of individuals residing in group homes;
15 3. Advising the commissioner on such other matters related to group
16 homes as the statewide group home families working group deems relevant;
17 and
18 4. Holding regional public meetings in accordance with subdivision (i)
19 of this section to solicit and receive input from residents of group
20 homes and family members and guardians of residents of group homes
21 regarding the operation of group homes, including but not limited to
22 care provided and financial matters.
23 (g) The statewide group home families working group shall establish
24 such committees as deemed necessary by the chair.
25 (h) The statewide group home families working group shall meet at
26 least four times in each full calendar year and at least once during
27 each calendar quarter in addition to the regional public meetings held
28 in accordance with subdivision (i) of this section at the request of its
29 chair within ten days of receiving written notice of such meeting. In
30 addition, the statewide group home families working group may hold
31 special meetings at the request of its chair or the commissioner within
32 ten days of receiving written notice of such meeting.
33 (i) 1. In addition to the regular meetings as provided for by subdivi-
34 sion (h) of this section, the statewide group home families working
35 group shall hold at least one public regional meeting annually in each
36 city, town or village where a developmental disabilities services office
37 is located, pursuant to subdivision (b) of section 13.17 of this arti-
38 cle, for the purposes of providing a forum for persons with develop-
39 mental disabilities who are residing in group homes, family and guardi-
40 ans of persons with developmental disabilities residing in group homes,
41 persons representing group homes, advocates for persons with develop-
42 mental disabilities residing in group homes and other interested parties
43 to comment and advise regarding the operation of group homes, including
44 but not limited to care provided and financial matters.
45 2. Notice of a public regional meeting and a printed agenda, which may
46 be subject to later amendment, shall be made available to the public at
47 least fifteen days in advance of such regional meeting, including by
48 publication by the commissioner on the office's website.
49 3. At such public regional meetings, interested parties shall be
50 provided reasonable opportunity, both orally and in writing, to comment
51 regarding the operation of group homes, including but not limited to
52 care provided and financial matters.
53 4. The statewide group home families working group and each applicable
54 developmental disabilities services office shall collaborate in the
55 fulfillment of the duties set forth in this subdivision.
A. 9162 3
1 (j) Members of the statewide group home families working group shall
2 receive no compensation for their services but shall be reimbursed for
3 all expenses actually and necessarily incurred by them in the perform-
4 ance of their duties.
5 (k) The statewide group home families working group shall submit by
6 January thirtieth, two thousand twenty-three, and annually thereafter,
7 reports to the commissioner, the governor and the legislature reviewing
8 and analyzing matters of concern related to group homes. Such reports
9 shall include, but not be limited to, a review of comments made at
10 regional meetings of the statewide group home families working group,
11 other matters of importance deemed relevant to persons with develop-
12 mental disabilities residing in group homes and family and guardians of
13 persons with developmental disabilities residing in group homes; and a
14 description of recommendations for future action by the state.
15 (l) The statewide group home families working group shall regularly
16 communicate with the commissioner regarding its actions and duties and
17 shall fulfill its obligations under this section in collaboration with
18 the commissioner. The commissioner shall provide assistance to the
19 statewide group home families working group in the fulfillment of its
20 duties upon the reasonable request of the statewide group home families
21 working group.
22 § 3. Paragraph 1 of subdivision (b) of section 5.07 of the mental
23 hygiene law, as amended by section 3 of part N of chapter 56 of the laws
24 of 2012, subparagraphs f and g as amended and subparagraph h as added by
25 section 3 of part V of chapter 57 of the laws of 2021, is amended to
26 read as follows:
27 (1) The office of mental health, the office for people with develop-
28 mental disabilities and the office of [alcoholism and substance abuse
29 services] addiction services and supports shall formulate a statewide
30 comprehensive five-year plan for the provision of all state and local
31 services for persons with mental illness, developmental disabilities,
32 and/or those with substance use or compulsive gambling disorders. The
33 statewide comprehensive plan shall be based upon an analysis of local
34 services plans developed by each local governmental unit, in consulta-
35 tion with consumers, consumer groups, providers of services and depart-
36 mental facilities that furnish behavioral health services in conformance
37 with statewide priorities and goals established with recommendations of
38 the behavioral health services advisory council [and], the advisory
39 council on developmental disabilities and the statewide group home fami-
40 lies working group. The plan shall:
41 a. identify statewide priorities;
42 b. specify statewide goals that reflect the statewide priorities and
43 are focused on obtaining positive measurable outcomes;
44 c. propose strategies and initiatives to address the priorities and
45 facilitate achievement of statewide goals;
46 d. identify services and supports, which may include programs run or
47 led by peers, that are designed to promote the health and wellness of
48 persons with mental illness, developmental disabilities, and/or
49 substance use or compulsive gambling disorders;
50 e. provide analysis of current and anticipated utilization of state
51 and local, and public and private facilities, programs, services, and/or
52 supports;
53 f. encourage and promote person-centered, culturally and linguis-
54 tically competent community-based programs, services, and supports that
55 reflect the partnership between state and local governmental units;
A. 9162 4
1 g. include progress reports on the implementation of both short-term
2 and long-term recommendations of the children's plan required pursuant
3 to section four hundred eighty-three-f of the social services law; [and]
4 h. include final reports for time-limited demonstration programs
5 pursuant to subdivision (d) of section 41.35 of this chapter; and
6 i. include a discussion of the recommendations made by the behavioral
7 health services advisory council, the advisory council on developmental
8 disabilities and the statewide group home families working group.
9 § 4. Paragraph 4 of subdivision (b) of section 5.07 of the mental
10 hygiene law, as amended by chapter 412 of the laws of 2021, is amended
11 to read as follows:
12 (4) The commissioners of each of the offices shall be responsible for
13 the development of such statewide five-year plan for services within the
14 jurisdiction of their respective offices and after giving due notice
15 shall conduct one or more public hearings on such plan. The behavioral
16 health services advisory council [and], the advisory council on develop-
17 mental disabilities and the statewide group home families working group
18 shall review the statewide five year comprehensive plan developed by
19 such office or offices and report its recommendations thereon to such
20 commissioner or commissioners. Each commissioner shall submit the plan,
21 with appropriate modifications, to the governor no later than the first
22 day of November of each year in order that such plan may be considered
23 with the estimates of the offices for the preparation of the executive
24 budget of the state of New York for the next succeeding state fiscal
25 year. Such comprehensive plan shall be submitted to the legislature and
26 also be posted to the website of each office. Statewide plans shall
27 ensure responsiveness to changing needs and goals and shall reflect the
28 development of new information and the completion of program evalu-
29 ations. An interim report detailing the commissioner's actions in
30 fulfilling the requirements of this section in preparation of the plan
31 and modifications in the plan of services being considered by the
32 commissioner shall be submitted to the governor and the legislature on
33 or before the fifteenth day of March of each year. Such interim report
34 shall include, but need not be limited to:
35 (a) actions to include participation of consumers, consumer groups,
36 providers of services and departmental facilities, as required by this
37 subdivision; and
38 (b) any modifications in the plan of services being considered by the
39 commissioner, to include: (i) compelling budgetary, programmatic or
40 clinical justifications or other major appropriate reason for any
41 significant new statewide programs or policy changes from a prior
42 (approved) five year comprehensive plan; and (ii) procedures to involve
43 or inform local governmental units of such actions or plans.
44 § 5. This act shall take effect on the sixtieth day after it shall
45 have become a law; provided, however, that if chapter 412 of the laws of
46 2021 shall not have taken effect on or before such date then section
47 four of this act shall take effect on the same date and in the same
48 manner as such chapter of the laws of 2021, takes effect.
