Establishes a temporary epilepsy task force to develop eligibility guidelines for the office of metal retardation and developmental disabilities services for persons with epilepsy; requires such task force to report to the governor, commissioner of mental retardation and developmental disabilities, and the legislature within 18 months and such guidelines shall be implemented within 6 months of the filing of such report.
STATE OF NEW YORK
________________________________________________________________________
3804
2009-2010 Regular Sessions
IN ASSEMBLY
January 28, 2009
___________
Introduced by M. of A. LIFTON, SCHROEDER -- read once and referred to
the Committee on Mental Health, Mental Retardation and Developmental
Disabilities
AN ACT to establish a temporary epilepsy task force 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 epilepsy. The legislature further finds
6 that this advisory guideline conflicts with the mental hygiene law,
7 which includes epilepsy in its definition of a "developmental disabili-
8 ty". To correct this inconsistency and to adequately address the needs
9 of consumers substantially handicapped by epilepsy, the legislature
10 finds that a temporary epilepsy task force should be established.
11 § 2. A temporary epilepsy task force is hereby established to develop
12 eligibility guidelines that are sensitive to the disabling effects of
13 epilepsy. Such task force shall develop a definition of "substantial
14 handicap due to epilepsy", determine measurement instruments or mech-
15 anisms that could be used to establish substantial handicap due to
16 epilepsy, consider the potential progressive nature of epilepsy and
17 address the "age of onset" requirement in qualifying for office of
18 mental retardation and developmental disabilities services.
19 § 3. The temporary epilepsy task force shall consist of 15 members.
20 The commissioner of mental retardation and developmental disabilities
21 shall be the chair of such task force and a non-voting member. The
22 remaining 14 members shall be appointed as follows: two members by the
23 governor, two members by the temporary president of the senate, two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02558-02-9
A. 3804 2
1 members by the speaker of the assembly, two members by the minority
2 leader of the senate, two members by the minority leader of the assem-
3 bly, one member by the New York State Epilepsy Coalition, one member by
4 the Epilepsy Foundation of New York City, one member by the National
5 Epilepsy Foundation of America, and one member by the American Epilepsy
6 Society. All members shall be appointed only if they have demonstrated
7 an active interest in the treatment of persons with epilepsy or in the
8 field of mental retardation and developmental disabilities generally,
9 with at least one of the two members appointed by the governor, tempo-
10 rary president of the senate, speaker of the assembly, minority leader
11 of the senate and minority leader of the assembly being actively engaged
12 in the treatment of people with epilepsy. Vacancies in the membership of
13 such task force shall be filled in the manner provided for original
14 appointments.
15 § 4. The members of the temporary epilepsy task force shall receive no
16 compensation for their services, but shall be allowed their actual and
17 necessary expenses incurred in performing their duties pursuant to this
18 act.
19 § 5. To the maximum extent feasible, the temporary epilepsy task force
20 shall be entitled to request and receive, and shall utilize and be
21 provided with such facilities, resources and data of any court, depart-
22 ment, division, board, bureau, commission or agency of the state or any
23 political subdivision thereof as it may reasonably request to properly
24 carry out its powers and duties.
25 § 6. The temporary epilepsy task force shall report its findings,
26 conclusions and recommendations to the governor, commissioner of mental
27 retardation and developmental disabilities and legislature within eigh-
28 teen months of the effective date of this act. These recommendations
29 shall be implemented as the eligibility standards for services provided
30 by the office of mental retardation and developmental disabilities to
31 people substantially handicapped by epilepsy within six months from the
32 date of the filing of such report.
33 § 7. This act shall take effect immediately and shall expire and be
34 deemed repealed two years after such effective date.
