Requires a residential transition conference when a person with developmental disabilities transfers from one program run by a covered operator to another program run by a covered operator; defines terms; specifies certain persons who shall attend such conference; requires covered operators to complete a form summarizing such conference and to file the form with the office for people with developmental disabilities.
STATE OF NEW YORK
________________________________________________________________________
8982
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring a resi-
dential transition conference when a person with developmental disa-
bilities transfers from one program run by a covered operator to
another program run by a covered operator
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 16.39 to read as follows:
3 § 16.39 Residential transition conferences.
4 (a) Definitions. For the purposes of this section, the following terms
5 shall have the following meanings:
6 (1) "covered operator" shall mean any holder of an operating certif-
7 icate issued pursuant to this article that provides residential
8 services, any organization providing residential services whose incorpo-
9 ration or activities require the approval of the commissioner, or any
10 program funded or administered by the office that provides residential
11 services.
12 (2) "individualized service plan" or "life plan" shall mean a written
13 document that outlines a person with developmental disabilities': goals
14 and desired outcomes; habilitation goals; strengths and preferences;
15 assessed clinical and support needs (whether paid or unpaid); services
16 and providers; and safeguards, including back-up plans and strategies.
17 (b) It shall be the duty of every covered operator to participate in a
18 residential transition conference before a person with developmental
19 disabilities enters such covered operator's residential program from a
20 program run by another covered operator or leaves their residential
21 program for a program run by another covered operator. Attendance at
22 such conference shall include:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13418-01-5
A. 8982 2
1 (1) the covered operator who currently serves a person with develop-
2 mental disabilities;
3 (2) the covered operator who will serve such person with developmental
4 disabilities after the transition;
5 (3) the person with developmental disabilities who is entering or
6 leaving such residential program, unless such person's attendance is
7 contraindicated for reasons of health or safety;
8 (4) the person with developmental disabilities' family, unless such
9 person objects to their family's attendance;
10 (5) the person with developmental disabilities' guardian or legal
11 representative; and
12 (6) the person with developmental disabilities' care manager.
13 (c) (1) The purpose of the residential transition conference shall be
14 for the covered operator who currently serves the person with develop-
15 mental disabilities to review and discuss such person's life plan with
16 the covered operator who will be serving the individual after the
17 completion of the transition, as well as to provide the other attendees
18 of such conference with an opportunity to ask questions or provide addi-
19 tional information regarding such life plan to the covered operator who
20 will be serving the individual after the completion of the transition.
21 (2) At the conclusion of the residential transition conference, both
22 covered operators shall complete and sign a form promulgated by the
23 commissioner summarizing the contents of the conference. The completed
24 form and any relevant accompanying documents shall be transmitted to the
25 office in a manner specified by the office. Copies of the completed form
26 and any accompanying materials shall be provided to the person with
27 developmental disabilities, such person's legal representative, and both
28 covered operators. The copies received by the covered operators shall be
29 retained as part of the person with developmental disabilities' records.
30 § 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law. Effective immediately, the addition, amend-
32 ment, and/or repeal of any rule or regulation necessary for the imple-
33 mentation of this act on its effective date are authorized to be made
34 and completed on or before such effective date.
