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A07443 Summary:

A07443 Actions:

A07443 Committee Votes:

Committee:SOCIAL SERVICES   Chair:Rosenthal L      
DATE:01/25/2022AYE/NAY:16/0  Action: Favorable         
Rosenthal L 
Aye
Simpson
Aye
Aubry
Aye
Walczyk
Aye
Solages
Aye
Goodell
Aye
Davila
Aye
Smullen
Aye
Hunter
Aye
Brown
Aye
Rosenthal D 
Aye
Fernandez
Aye
Eichenstein
Aye
Reyes
Aye
Forrest
Aye
Gonzalez-Rojas
Aye

A07443 Floor Votes:

A07443 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7443--C
                                                                Cal. No. 310
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  ABINANTI,  BICHOTTE HERMELYN,  SAYEGH, OTIS,
          WEPRIN, BUTTENSCHON, SANTABARBARA -- read once  and  referred  to  the
          Committee  on  Social  Services  --  again  amended  on third reading,
          ordered reprinted, retaining its place on the order of  third  reading
          --  passed  by Assembly and delivered to the Senate, recalled from the
          Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
          its place on the order of third reading
 
        AN  ACT  to  amend  the  social  services  law, in relation to replacing
          certain instances of the term "mentally retarded" with the term "indi-
          viduals with developmental disabilities"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (c) of subdivision 5 of section 62 of the social
     2  services law, as amended by chapter 344 of the laws of 1973, is  amended
     3  to read as follows:
     4    (c)  When  a  [mentally  ill,  mentally  retarded or epileptic person]
     5  person with a mental illness or developmental disability is in  need  of
     6  public  assistance  or  care  while  on convalescent status or community
     7  status from a state hospital or  institution  under  the  provisions  of
     8  section  29.15  of  the mental hygiene law, the public welfare district,
     9  town or city from which he was admitted to such hospital or  institution
    10  shall  be  responsible  for  providing and paying for such assistance or
    11  care as in the case of other persons  requiring  public  assistance  and
    12  care,  except  that such responsibility shall continue during any period
    13  such person is on convalescent status or community  status  outside  the
    14  territory  of  such  public  welfare  district,  town  or city and shall
    15  continue thereafter in accordance with the provisions of this  paragraph
    16  and  paragraph  (b)  of this subdivision if such person was receiving or
    17  should have been receiving public assistance or care  from  such  public
    18  welfare  district, town or city outside its territory at the time he was
    19  discharged from such convalescent status or community status.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10591-06-2
        A. 7443--C                          2
 
     1    § 2. The opening paragraph of subdivision 1 of section  131-o  of  the
     2  social services law, as amended by section 45 of part C of chapter 58 of
     3  the laws of 2005, is amended to read as follows:
     4    Each  individual  receiving family care, residential care or care in a
     5  school for [the mentally retarded] individuals with developmental  disa-
     6  bilities,  or  enhanced  residential  care as those terms are defined in
     7  section two hundred nine of this chapter, and who is receiving  benefits
     8  under  the program of additional state payments pursuant to this chapter
     9  while receiving such care, shall  be  entitled  to  a  monthly  personal
    10  allowance out of such benefits in the following amount:
    11    § 3. Section 199 of the social services law, as amended by chapter 322
    12  of the laws of 2021, is amended to read as follows:
    13    §  199.  Power  of  commissioner  of  public welfare to detain certain
    14  incarcerated individuals. The commissioner of public welfare shall  have
    15  power to detain in the public home, pending a vacancy for such person in
    16  a  state  institution,  a  person  over  the age of sixteen who has been
    17  certified as [mentally retarded  or  epileptic]  an  individual  with  a
    18  developmental disability in accordance with the provisions of the mental
    19  hygiene  law and for whom an application for admission to a state insti-
    20  tution has been made. Whenever  the  commissioner  shall  so  detain  an
    21  incarcerated individual in the public home he or she shall at once noti-
    22  fy the state department of mental hygiene.
    23    §  4.  Paragraph  (e)  of  subdivision  3 of section 209 of the social
    24  services law, as amended by chapter 672 of the laws of 2019, is  amended
    25  to read as follows:
    26    (e)  "Receiving  enhanced  residential  care" shall mean residing in a
    27  privately operated school for [the mentally retarded and developmentally
    28  disabled] individuals with developmental disabilities which is certified
    29  by the office for people with developmental disabilities of the  depart-
    30  ment  of mental hygiene, in accordance with applicable provisions of law
    31  and regulations or an adult home, or enriched housing program  certified
    32  by the department of health in accordance with applicable law, rules and
    33  regulations to the extent permitted by federal law and regulations.
    34    §  5.  Subdivision  1  of  section  210 of the social services law, as
    35  amended by chapter 515 of the laws  of  2006,  is  amended  to  read  as
    36  follows:
    37    1. Any inconsistent provisions of this title or any other law notwith-
    38  standing, but subject to the provisions of subdivisions two and three of
    39  this  section,  an  individual who is deemed to have met the eligibility
    40  criteria for additional state payments  pursuant  to  paragraph  (c)  of
    41  subdivision  one  of  section  two  hundred nine of this title, shall be
    42  entitled to receive for each  month  after  December,  nineteen  hundred
    43  seventy-three an additional state payment in an amount which, when added
    44  to  the supplemental security income benefit and other countable income,
    45  is equal to such individual's December, nineteen  hundred  seventy-three
    46  cash  grant  of  assistance under the state's program of old age assist-
    47  ance, assistance to the blind, aid  to  the  disabled  or  the  combined
    48  program  of  aid  to  aged,  blind and disabled persons, plus income not
    49  excluded under such state program, plus an amount equal to the  January,
    50  nineteen hundred seventy-two bonus value of food stamps as determined in
    51  accordance with the regulations of the office of temporary and disabili-
    52  ty  assistance plus, for any month after June, nineteen hundred seventy-
    53  five, an amount reflecting the federal supplemental  security  increases
    54  resulting  from July first, nineteen hundred seventy-five cost of living
    55  increases in such benefits, plus for  any  month  after  June,  nineteen
    56  hundred  eighty-two, an amount equal to the July first, nineteen hundred
        A. 7443--C                          3
 
     1  eighty-two federal supplemental security income cost of  living  adjust-
     2  ment,  providing  such  individual  was  eligible to receive a mandatory
     3  state supplement for the month of December, nineteen hundred eighty-one,
     4  plus  for any month after June, nineteen hundred eighty-three, an amount
     5  equal to $17.70 for individuals, $26.55 for couples who are living alone
     6  or living with others and $35.40  for  couples  receiving  family  care,
     7  residential care or care in schools for [the mentally retarded] individ-
     8  uals with developmental disabilities, plus for any month after December,
     9  nineteen hundred eighty-three, an amount equal to $9.70 for individuals,
    10  $15.60 for couples who are living alone or living with others and $19.40
    11  for  couples  receiving family care, residential care or care in schools
    12  for [the mentally retarded] individuals with developmental disabilities,
    13  plus for any month after  December,  nineteen  hundred  eighty-four,  an
    14  amount  equal  to  $11.00  for  individuals,  $16.00 for couples who are
    15  living alone or living with others  and  $22.00  for  couples  receiving
    16  family  care,  residential  care  or  care  in schools for [the mentally
    17  retarded] individuals with  developmental  disabilities,  plus  for  any
    18  month  after  December, nineteen hundred eighty-five, an amount equal to
    19  $11.00 for individuals, $16.00 for  couples  who  are  living  alone  or
    20  living  with  others and $22.00 for couples receiving family care, resi-
    21  dential care or care in schools for [the mentally retarded]  individuals
    22  with  developmental  disabilities,  plus  for  any month after December,
    23  nineteen hundred eighty-six an amount equal to  $4.00  for  individuals,
    24  $6.00  for  couples who are living alone or living with others and $8.00
    25  for couples receiving family care, residential care or care  in  schools
    26  for [the mentally retarded] individuals with developmental disabilities,
    27  plus  for  any  month  after  December, nineteen hundred eighty-seven an
    28  amount equal to $14.00 for  individuals,  $22.00  for  couples  who  are
    29  living  alone  or  living  with  others and $28.00 for couples receiving
    30  family care, residential care or  care  in  schools  for  [the  mentally
    31  retarded]  individuals  with  developmental  disabilities,  plus for any
    32  month after December, nineteen hundred eighty-eight an amount  equal  to
    33  $14.00  for  individuals,  $21.00  for  couples  who are living alone or
    34  living with others and $28.00 for couples receiving family  care,  resi-
    35  dential  care or care in schools for [the mentally retarded] individuals
    36  with developmental disabilities, plus for any other month  after  Decem-
    37  ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
    38  uals,  $27.00 for couples who are living alone or living with others and
    39  $36.00 for couples receiving family care, residential care  or  care  in
    40  schools for [the mentally retarded] individuals with developmental disa-
    41  bilities,  plus for any month after December, nineteen hundred ninety an
    42  amount equal to $21.00 for  individuals,  $31.00  for  couples  who  are
    43  living  alone  or  living  with  others and $42.00 for couples receiving
    44  family care, residential care or  care  in  schools  for  [the  mentally
    45  retarded]  individuals  with  developmental  disabilities,  plus for any
    46  month after December, nineteen hundred ninety-one  an  amount  equal  to
    47  $15.00  for  individuals,  $23.00  for  couples  who are living alone or
    48  living with others and $30.00 for couples receiving family  care,  resi-
    49  dential  care or care in schools for [the mentally retarded] individuals
    50  with developmental disabilities, plus  for  any  month  after  December,
    51  nineteen  hundred ninety-two, an amount equal to $12.00 for individuals,
    52  $19.00 for couples who are living alone or living with others and $24.00
    53  for couples receiving family care, residential care or care  in  schools
    54  for [the mentally retarded] individuals with developmental disabilities,
    55  plus  for  any  month  after  December, nineteen hundred ninety-three an
    56  amount equal to $12.00 for  individuals,  $17.00  for  couples  who  are
        A. 7443--C                          4
 
     1  living  alone  or  living  with  others and $24.00 for couples receiving
     2  family care, residential care or  care  in  schools  for  [the  mentally
     3  retarded]  individuals  with  developmental  disabilities,  plus for any
     4  month  after  December,  nineteen hundred ninety-four an amount equal to
     5  $12.00 for individuals, $18.00 for  couples  who  are  living  alone  or
     6  living  with  others and $24.00 for couples receiving family care, resi-
     7  dential care or care in schools for [the mentally retarded]  individuals
     8  with  developmental  disabilities,  plus  for  any month after December,
     9  nineteen hundred ninety-five an amount equal to $12.00 for  individuals,
    10  $18.00 for couples who are living alone or living with others and $24.00
    11  for  couples  receiving family care, residential care or care in schools
    12  for [the mentally retarded] individuals with developmental disabilities,
    13  plus for any month  after  December,  nineteen  hundred  ninety-six,  an
    14  amount  equal  to $14.00 for individuals and $21.00 for couples plus for
    15  any month after December, nineteen hundred ninety-seven an amount  equal
    16  to  $10.00  for  individuals  and  $15.00 for couples plus for any month
    17  after December, nineteen hundred ninety-eight an amount equal  to  $6.00
    18  for  individuals  and $11.00 for couples plus for any month after Decem-
    19  ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ-
    20  uals and $18.00 for couples plus for any month after December, two thou-
    21  sand an amount equal to $18.00 for individuals and  $27.00  for  couples
    22  plus  for  any month after December, two thousand one an amount equal to
    23  $15.00 for individuals and $21.00 for couples plus for any  month  after
    24  December,  two thousand two an amount equal to $7.00 for individuals and
    25  $12.00 for couples plus for any month after December, two thousand three
    26  an amount equal to $12.00 for individuals and $17.00  for  couples  plus
    27  for  any  month  after  December,  two  thousand four an amount equal to
    28  $15.00 for individuals and $23.00 for couples plus for any  month  after
    29  December,  two  thousand  five an amount equal to $24.00 for individuals
    30  and $35.00 for couples plus for any month after December,  two  thousand
    31  six  an  amount  equal to the amount of any increases in federal supple-
    32  mental security income benefits for individuals or couples  pursuant  to
    33  section  1617  of  the Social Security Act (42 USC § 1382f) which become
    34  effective on or after January first, two thousand seven.
    35    § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4
    36  of section 365 of the social services law, paragraph (c) of  subdivision
    37  2  as  amended  by  chapter 516 of the laws of 1973 and paragraph (a) of
    38  subdivision 4 as amended by chapter 170 of the laws of 1994, are amended
    39  to read as follows:
    40    (c) who are patients in that part of a public institution operated for
    41  the care of [the mentally retarded] individuals with developmental disa-
    42  bilities that has been approved pursuant to law as a hospital or nursing
    43  home;
    44    (a) who are patients in that part of a public institution operated for
    45  the care of [the mentally retarded] individuals with developmental disa-
    46  bilities that has been approved pursuant to law as an intermediate  care
    47  facility  or  who are participating in a program operated by the depart-
    48  ment of mental hygiene or by a voluntary agency under an agreement  with
    49  such  department, in that part of such a facility that has been approved
    50  as a day treatment program in accordance with  the  regulations  of  the
    51  state commissioner of mental hygiene;
    52    § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1,
    53  clauses  (vii),  (viii)  and (ix) of subparagraph 1 of paragraph (d) and
    54  clauses (vii), (viii) and (ix) of subparagraph 1  of  paragraph  (e)  of
    55  subdivision 5 of section 366 of the social services law, clause (iii) of
    56  subparagraph  2  of paragraph (e) of subdivision 1 as added by section 1
        A. 7443--C                          5
 
     1  of part D of chapter 56 of the laws of 2013, clauses (vii),  (viii)  and
     2  (ix)  of  subparagraph  1  of paragraph (d) of subdivision 5 as added by
     3  chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para-
     4  graph (e) of subdivision 5 as amended by section 51 of part C of chapter
     5  58  of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1 of
     6  paragraph (e) of subdivision 5 as added by section 26-a  of  part  C  of
     7  chapter 109 of the laws of 2006, are amended to read as follows:
     8    (iii)  a  patient  in  a public institution operated primarily for the
     9  care of [the mentally retarded] individuals with developmental disabili-
    10  ties who is receiving medical care or treatment in  that  part  of  such
    11  institution  that  has  been  approved  pursuant to law as a hospital or
    12  nursing home;
    13    (vii) "institutionalized individual" means any individual  who  is  an
    14  in-patient in a nursing facility, including an intermediate care facili-
    15  ty  for [the mentally retarded] individuals with developmental disabili-
    16  ties, or who is an in-patient in a medical facility and is  receiving  a
    17  level  of care provided in a nursing facility, or who is receiving care,
    18  services or supplies pursuant to a waiver granted pursuant to subsection
    19  (c) of section 1915 of the federal social security act.
    20    (viii) "intermediate care facility for [the mentally  retarded]  indi-
    21  viduals  with  developmental  disabilities"  means  a facility certified
    22  under article sixteen of the mental hygiene law and which  has  a  valid
    23  agreement  with  the department for providing intermediate care facility
    24  services and receiving payment therefor under title XIX of  the  federal
    25  social security act.
    26    (ix)  "nursing  facility"  means  a nursing home as defined by section
    27  twenty-eight hundred one of the public health law  and  an  intermediate
    28  care facility for [the mentally retarded] individuals with developmental
    29  disabilities.
    30    (vii)  "institutionalized  individual"  means any individual who is an
    31  in-patient in a nursing facility, including an intermediate care facili-
    32  ty for [the mentally retarded] individuals with developmental  disabili-
    33  ties,  or  who is an in-patient in a medical facility and is receiving a
    34  level of care provided in a nursing facility, or  who  is  described  in
    35  section 1902(a)(10)(A)(ii)(VI) of the federal social security act.
    36    (viii)  "intermediate  care facility for [the mentally retarded] indi-
    37  viduals with developmental  disabilities"  means  a  facility  certified
    38  under  article  sixteen  of the mental hygiene law and which has a valid
    39  agreement with the department for providing intermediate  care  facility
    40  services  and  receiving payment therefor under title XIX of the federal
    41  social security act.
    42    (ix) "nursing facility" means a nursing home  as  defined  by  section
    43  twenty-eight  hundred  one  of the public health law and an intermediate
    44  care facility for [the mentally retarded] individuals with developmental
    45  disabilities.
    46    § 8. The opening paragraph of subparagraph (ii) of  paragraph  (a)  of
    47  subdivision  2  of section 369 of the social services law, as amended by
    48  section 62 of part C of chapter 60 of the laws of 2014,  is  amended  to
    49  read as follows:
    50    with respect to the real property of an individual who is an inpatient
    51  in  a  nursing  facility,  intermediate  care facility for [the mentally
    52  retarded] individuals with developmental disabilities, or other  medical
    53  institution,  who  is  not reasonably expected to be discharged from the
    54  medical institution and to return home, and who is required, as a condi-
    55  tion of receiving services in such institution under the state plan  for
    56  medical assistance, to spend for costs of medical care all but a minimal
        A. 7443--C                          6
 
     1  amount  of  his  or  her  income  required for personal needs; provided,
     2  however, any such lien will dissolve  upon  the  individual's  discharge
     3  from  the medical institution and return home; in addition, no such lien
     4  may  be imposed on the individual's home if one of the following persons
     5  is lawfully residing in the home:
     6    § 9. Paragraph (f) of subdivision 2 of section  473-e  of  the  social
     7  services law, as added by chapter 395 of the laws of 1995, is amended to
     8  read as follows:
     9    (f)  a  person  named  as  a  court-appointed evaluator or guardian in
    10  accordance with article eighty-one of  the  mental  hygiene  law,  or  a
    11  person  named as a guardian for [the mentally retarded] individuals with
    12  developmental disabilities in accordance with article seventeen-A of the
    13  surrogate's court procedure act; or
    14    § 10. Section 2 of the social services law is amended  by  adding  two
    15  new subdivisions 39 and 40 to read as follows:
    16    39. "Mental illness" shall have the same meaning as defined in section
    17  1.03 of the mental hygiene law.
    18    40.  "Developmental disability" shall have the same meaning as defined
    19  in section 1.03 of the mental hygiene law.
    20    § 11. This act shall take effect immediately.