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A01130 Summary:

BILL NOA01130A
 
SAME ASSAME AS S07794
 
SPONSORSantabarbara
 
COSPNSRShimsky, Burdick, Zinerman, Colton
 
MLTSPNSR
 
Amd §§13.03 & 5.07, add §13.05-a, Ment Hyg L
 
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, 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 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.
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A01130 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1130--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by  M. of A. SANTABARBARA, SHIMSKY -- read once and referred
          to the Committee on People with Disabilities -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        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 as defined in section 1.03
     4  of this chapter, serving people with developmental 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 eleven members to be appointed as follows:
    11    1. one member shall be the commissioner of the office for people  with
    12  developmental disabilities, or their designee;
    13    2. four members appointed by the governor;
    14    3. two members selected by the temporary president of the senate;
    15    4. two members selected by the speaker of the assembly;
    16    5. one member selected by the minority leader of the senate; and
    17    6. one member selected by the minority leader of the assembly;
    18    (b)  Members  shall  be  persons  with developmental disabilities with
    19  lived experience residing in group homes or family members or  guardians
    20  of  persons with developmental disabilities with lived experience resid-
    21  ing in group homes.
    22    (c) The governor shall designate  one  of  the  appointed  members  as
    23  chair.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01472-02-5

        A. 1130--A                          2
 
     1    (d)  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    (e)  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. Soliciting and receiving input from current and former residents of
    19  group homes and family members and guardians of residents of group homes
    20  regarding the operation of group homes, including  but  not  limited  to
    21  care provided and financial matters.
    22    (f)  The  statewide  group home families working group shall establish
    23  such committees as deemed necessary by the chair.
    24    (g) The statewide group home families  working  group  shall  meet  at
    25  least  four  times  in  each full calendar year and at least once during
    26  each calendar quarter. In addition, the statewide  group  home  families
    27  working  group  may hold special meetings at the request of its chair or
    28  the commissioner within ten days of receiving  written  notice  of  such
    29  meeting.
    30    1.  Notice  of  a  public  meeting  and a printed agenda, which may be
    31  subject to later amendment, shall be made available  to  the  public  at
    32  least  fifteen days in advance of such meeting, including by publication
    33  by the commissioner on the office's website.
    34    2. At such meetings, interested parties shall be  provided  reasonable
    35  opportunity, both orally and in writing, to comment regarding the opera-
    36  tion  of  group  homes,  including  but not limited to care provided and
    37  financial matters.
    38    (h)  Members of the statewide group home families working group  shall
    39  receive  no  compensation for their services but shall be reimbursed for
    40  all expenses  actually and necessarily incurred by them in the  perform-
    41  ance of their duties.
    42    (i)  The  statewide  group home families working group shall submit by
    43  January  thirtieth, two thousand  twenty-seven, and annually thereafter,
    44  reports to the commissioner, the governor and the legislature  reviewing
    45  and  analyzing  matters  of concern related to group homes. Such reports
    46  shall include, but not be   limited to, a review  of  comments  made  at
    47  meetings  of  the  statewide  group  home  families working group, other
    48  matters of importance deemed  relevant  to  persons  with  developmental
    49  disabilities residing in group homes and family and guardians of persons
    50  with   developmental   disabilities  residing  in  group  homes;  and  a
    51  description of recommendations for future action by the state.
    52    (j) The statewide group home families working  group  shall  regularly
    53  communicate  with  the commissioner regarding its actions and duties and
    54  shall fulfill its obligations under this section in  collaboration  with
    55  the  commissioner.  The  commissioner  shall  provide  assistance to the
    56  statewide group home families working group in the  fulfillment  of  its

        A. 1130--A                          3
 
     1  duties  upon the reasonable request of the statewide group home families
     2  working group.
     3    §  3.  Paragraph  1  of  subdivision (b) of section 5.07 of the mental
     4  hygiene law, as amended by section 3 of part N of chapter 56 of the laws
     5  of 2012, subparagraphs f and g as amended and subparagraph h as added by
     6  section 3 of part V of chapter 57 of the laws of  2021,  is  amended  to
     7  read as follows:
     8    (1)  The  office of mental health, the office for people with develop-
     9  mental disabilities and the office of [alcoholism  and  substance  abuse
    10  services]  addiction  services  and supports shall formulate a statewide
    11  comprehensive five-year plan for the provision of all  state  and  local
    12  services  for  persons  with mental illness, developmental disabilities,
    13  and/or those with substance use or compulsive  gambling  disorders.  The
    14  statewide  comprehensive  plan  shall be based upon an analysis of local
    15  services plans developed by each local governmental unit,  in  consulta-
    16  tion  with consumers, consumer groups, providers of services and depart-
    17  mental facilities that furnish behavioral health services in conformance
    18  with statewide priorities and goals established with recommendations  of
    19  the  behavioral  health  services  advisory  council [and], the advisory
    20  council on developmental disabilities and the statewide group home fami-
    21  lies working group. The plan shall:
    22    a. identify statewide priorities;
    23    b. specify statewide goals that reflect the statewide  priorities  and
    24  are focused on obtaining positive measurable outcomes;
    25    c.  propose  strategies  and initiatives to address the priorities and
    26  facilitate achievement of statewide goals;
    27    d. identify services and supports, which may include programs  run  or
    28  led  by  peers,  that are designed to promote the health and wellness of
    29  persons  with  mental  illness,   developmental   disabilities,   and/or
    30  substance use or compulsive gambling disorders;
    31    e.  provide  analysis  of current and anticipated utilization of state
    32  and local, and public and private facilities, programs, services, and/or
    33  supports;
    34    f. encourage and  promote  person-centered,  culturally  and  linguis-
    35  tically  competent community-based programs, services, and supports that
    36  reflect the partnership between state and local governmental units;
    37    g. include progress reports on the implementation of  both  short-term
    38  and  long-term  recommendations of the children's plan required pursuant
    39  to section four hundred eighty-three-f of the social services law; [and]
    40    h. include  final  reports  for  time-limited  demonstration  programs
    41  pursuant to subdivision (d) of section 41.35 of this chapter; and
    42    i.  include a discussion of the recommendations made by the behavioral
    43  health services advisory council, the advisory council on  developmental
    44  disabilities and the statewide group home families working group.
    45    §  4.  Paragraph  4  of  subdivision (b) of section 5.07 of the mental
    46  hygiene law, as amended by chapter 412 of the laws of 2021,  is  amended
    47  to read as follows:
    48    (4)  The commissioners of each of the offices shall be responsible for
    49  the development of such statewide five-year plan for services within the
    50  jurisdiction of their respective offices and  after  giving  due  notice
    51  shall  conduct  one or more public hearings on such plan. The behavioral
    52  health services advisory council [and], the advisory council on develop-
    53  mental disabilities and the statewide group home families working  group
    54  shall  review  the  statewide  five year comprehensive plan developed by
    55  such office or offices and report its recommendations  thereon  to  such
    56  commissioner  or commissioners. Each commissioner shall submit the plan,

        A. 1130--A                          4
 
     1  with appropriate modifications, to the governor no later than the  first
     2  day  of  November of each year in order that such plan may be considered
     3  with the estimates of the offices for the preparation of  the  executive
     4  budget  of  the  state  of New York for the next succeeding state fiscal
     5  year. Such comprehensive plan shall be submitted to the legislature  and
     6  also  be  posted  to  the  website of each office. Statewide plans shall
     7  ensure responsiveness to changing needs and goals and shall reflect  the
     8  development  of  new  information  and  the completion of program evalu-
     9  ations. An  interim  report  detailing  the  commissioner's  actions  in
    10  fulfilling  the  requirements of this section in preparation of the plan
    11  and modifications in the  plan  of  services  being  considered  by  the
    12  commissioner  shall  be submitted to the governor and the legislature on
    13  or before the fifteenth day of March of each year.  Such interim  report
    14  shall include, but need not be limited to:
    15    (a)  actions  to  include participation of consumers, consumer groups,
    16  providers of services and departmental facilities, as required  by  this
    17  subdivision; and
    18    (b)  any modifications in the plan of services being considered by the
    19  commissioner, to include:  (i)  compelling  budgetary,  programmatic  or
    20  clinical  justifications  or  other  major  appropriate  reason  for any
    21  significant new statewide  programs  or  policy  changes  from  a  prior
    22  (approved)  five year comprehensive plan; and (ii) procedures to involve
    23  or inform local governmental units of such actions or plans.
    24    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    25  have become a law.
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