Establishes a temporary task force on developmental disabilities to develop eligibility guidelines for the office of mental retardation and developmental disabilities services for persons with cerebral palsy, epilepsy, neurological impairment, familial dysautonomia or autism; requires such task force to report to the governor, and such guidelines shall be implemented within 6 months of the filing of such report.
STATE OF NEW YORK
________________________________________________________________________
2758--A
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
___________
Introduced by M. of A. P. RIVERA, WEISENBERG -- read once and referred
to the Committee on Mental Health, Mental Retardation and Develop-
mental Disabilities -- reported and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to establish a temporary task force on developmental disabilities
and establishing the powers and duties thereof; and providing for the
repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds that the office
2 of mental retardation and developmental disabilities promulgated an
3 advisory guideline (August 10, 2001) that includes an eligibility stand-
4 ard for the services of such office that excludes many persons who are
5 substantially handicapped by certain developmental disabilities. The
6 legislature further finds that this advisory guideline conflicts with
7 the mental hygiene law, which includes cerebral palsy, epilepsy, neuro-
8 logical impairment, familial dysautonomia or autism in its definition of
9 a "developmental disability". To correct this inconsistency and to
10 adequately address the needs of consumers substantially handicapped by
11 such developmental disabilities, the legislature finds that a temporary
12 task force on developmental disabilities should be established.
13 § 2. A temporary task force on developmental disabilities is hereby
14 established to develop eligibility guidelines that are sensitive to the
15 disabling effects of cerebral palsy, epilepsy, neurological impairment,
16 familial dysautonomia or autism. Such task force shall develop a defi-
17 nition of "substantial handicap due to cerebral palsy, epilepsy, neuro-
18 logical impairment, familial dysautonomia or autism", determine measure-
19 ment instruments or mechanisms that could be used to establish
20 substantial handicap due to cerebral palsy, epilepsy, neurological
21 impairment, familial dysautonomia or autism, consider the potential
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02558-03-9
A. 2758--A 2
1 progressive nature of some of these conditions and address the "age of
2 onset" requirement in qualifying for office of mental retardation and
3 developmental disabilities services.
4 § 3. The temporary task force on developmental disabilities shall
5 consist of 15 members. The commissioner of mental retardation and devel-
6 opmental disabilities shall be the chair of such task force and a non-
7 voting member. The remaining 14 members shall be appointed as follows:
8 eight members by the governor, two members by the temporary president of
9 the senate, two members by the speaker of the assembly, one member by
10 the minority leader of the senate, and one member by the minority leader
11 of the assembly. All members shall be appointed only if they have
12 demonstrated an active interest in the treatment of persons with mental
13 retardation and developmental disabilities generally, with at least four
14 of the eight members appointed by the governor, one of two members
15 appointed by the temporary president of the senate, and speaker of the
16 assembly, being actively engaged in the treatment of people with cere-
17 bral palsy, epilepsy, neurological impairment, familial dysautonomia and
18 autism. Vacancies in the membership of such task force shall be filled
19 in the manner provided for original appointments.
20 § 4. The members of the temporary task force on developmental disabil-
21 ities shall receive no compensation for their services, but may be
22 allowed their actual and necessary expenses incurred in performing their
23 duties pursuant to this act.
24 § 5. To the maximum extent feasible, the temporary task force on
25 developmental disabilities shall be entitled to request and receive, and
26 shall utilize and be provided with such facilities, resources and data
27 of any court, department, division, board, bureau, commission or agency
28 of the state or any political subdivision thereof as it may reasonably
29 request to properly carry out its powers and duties.
30 § 6. The temporary task force on developmental disabilities shall
31 report its findings, conclusions and recommendations to the governor and
32 legislature no later than March 1, 2010. These recommendations shall be
33 taken into consideration when establishing eligibility standards for
34 services provided by the office of mental retardation and developmental
35 disabilities to people substantially handicapped by cerebral palsy,
36 epilepsy, neurological impairment, familial dysautonomia and autism
37 within six months from the date of the filing of such report.
38 § 7. This act shall take effect immediately and shall expire and be
39 deemed repealed September 1, 2010.
