STATE OF NEW YORK
________________________________________________________________________
7199
2019-2020 Regular Sessions
IN ASSEMBLY
April 12, 2019
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the suspension of
service of state-operated individualized residential alternatives
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (d) of section 13.17 of the mental hygiene law,
2 as added by section 1 of part Q of chapter 59 of the laws of 2016, para-
3 graph 1 as amended by section 1 of part II of chapter 57 of the laws of
4 2018, is amended to read as follows:
5 (d) In the event of a closure [or], transfer, or suspension of service
6 of a state-operated individualized residential alternative (IRA), the
7 commissioner shall:
8 1. provide appropriate and timely notification to the temporary presi-
9 dent of the senate, and the speaker of the assembly, and to appropriate
10 representatives of impacted labor organizations. Such notification to
11 the representatives of impacted labor organizations shall be made as
12 soon as practicable, but no less than ninety days prior to such closure
13 [or], transfer, or suspension of service except in the case of exigent
14 circumstances impacting the health, safety, or welfare of the residents
15 of the IRA as determined by the office. Provided, however, that nothing
16 herein shall limit the ability of the office to effectuate such closure
17 [or], transfer, or suspension of service; and
18 2. make reasonable efforts to confer with the affected workforce and
19 any other party he or she deems appropriate to inform such affected
20 workforce, the residents of the IRA, and their family members, where
21 appropriate, of the proposed closure [or], transfer, or suspension of
22 service plan.
23 § 2. This act shall take effect immediately; provided, however, that
24 the amendments to subdivision (d) of section 13.17 of the mental hygiene
25 law made by section one of this act shall not affect the repeal of such
26 subdivision and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11049-01-9