New York State Assembly

 
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A07490 Summary:

A07490 Actions:

A07490 Committee Votes:

Committee:MENTAL HEALTH   Chair:Gunther      
DATE:05/16/2017AYE/NAY:12/0  Action: Favorable refer to committee Ways and Means        
Gunther
Aye
Miller ML
Excused
Jaffee
Aye
Errigo
Aye
Rodriguez
Aye
Walsh
Aye
Barrett
Aye
Jean-Pierre
Aye
Richardson
Aye
Sepulveda
Aye
Santabarbara
Aye
Miller MG
Aye
De La Rosa
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/06/2017AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Excused
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

Committee:RULES   Chair:Heastie      
DATE:06/12/2017AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Excused
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Excused
Hawley
Aye
Ortiz
Excused
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A07490 Floor Votes:

A07490 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7490--A
                                                                Cal. No. 522
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 27, 2017
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Mental Health --  ordered  to  a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
 
        AN  ACT  to amend the election law, the executive law, the state finance
          law, the transportation law, the public authorities  law,  the  public
          health  law,  the  public lands law, the education law, the retirement
          and social security law, the  social  services  law,  the  cooperative
          corporations  law,  the  elder  law,  the correction law, the criminal
          procedure law, the family court act, the facilities development corpo-
          ration act, the medical care facilities agency act and the administra-
          tive code of the city of New York, in  relation  to  making  technical
          corrections  to references to the office for people with developmental
          disabilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of section 5-211 of the election law,
     2  as  amended  by  chapter  265 of the laws of 2013, is amended to read as
     3  follows:
     4    Each agency designated as a participating agency under the  provisions
     5  of this section shall implement and administer a program of distribution
     6  of  voter registration forms pursuant to the provisions of this section.
     7  The following offices which provide  public  assistance  and/or  provide
     8  state funded programs primarily engaged in providing services to persons
     9  with  disabilities are hereby designated as voter registration agencies:
    10  designated as the state agencies which provide public assistance are the
    11  office of children and family services,  the  office  of  temporary  and
    12  disability  assistance  and the department of health. Also designated as
    13  public assistance agencies are all agencies  of  local  government  that
    14  provide  such  assistance.  Designated  as  state  agencies that provide
    15  programs primarily engaged in providing services to people with disabil-
    16  ities are the department of labor, office for  the  aging,  division  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09546-04-8
        A. 7490--A                          2
 
     1  veterans'  affairs,  office  of  mental health, office of vocational and
     2  educational services for individuals with  disabilities,  commission  on
     3  quality of care for the mentally disabled, office [of mental retardation
     4  and]  for  people  with  developmental  disabilities, commission for the
     5  blind, office of alcoholism and substance abuse services, the office  of
     6  the  advocate for the disabled and all offices which administer programs
     7  established or funded by such agencies. Additional state agencies desig-
     8  nated as voter registration offices are the department of state and  the
     9  division  of  workers'  compensation. Such agencies shall be required to
    10  offer voter registration forms to persons upon initial  application  for
    11  services,  renewal or recertification for services and change of address
    12  relating to such services. Such agencies shall also be  responsible  for
    13  providing  assistance  to  applicants  in  completing voter registration
    14  forms, receiving and transmitting the completed  application  form  from
    15  all applicants who wish to have such form transmitted to the appropriate
    16  board  of  elections.  The state board of elections shall, together with
    17  representatives of the department  of  defense,  develop  and  implement
    18  procedures  for including recruitment offices of the armed forces of the
    19  United States as voter registration offices when  such  offices  are  so
    20  designated  by  federal  law. The state board shall also make request of
    21  the United States Immigration  and  Naturalization  Service  to  include
    22  applications for registration by mail with any materials which are given
    23  to  new  citizens.  All institutions of the state university of New York
    24  and the city university of New York, shall,  at  the  beginning  of  the
    25  school  year,  and  again in January of a year in which the president of
    26  the United States is to be elected, provide an application for registra-
    27  tion to each student in  each  such  institution.  The  state  board  of
    28  elections  may,  by  regulation,  grant  a waiver from any or all of the
    29  requirements of this section to any office or program of an  agency,  if
    30  it  determines  that  it  is  not feasible for such office or program to
    31  administer such requirement.
    32    § 2. Subdivision 1 of section 548-e of the executive law, as added  by
    33  chapter 657 of the laws of 1990, is amended to read as follows:
    34    1. Establishment. A neighborhood based initiatives oversight committee
    35  shall  be established to oversee the implementation of the provisions of
    36  this article and shall consist of representatives of the following agen-
    37  cies or their designees, with the commissioner of the department or  his
    38  or her designee serving as chairperson: the state advocate for the disa-
    39  bled;  the  director  of  the  office for the aging; the director of the
    40  division of alcoholism and alcohol abuse; the executive director of  the
    41  council  on children and families; the chancellor of the city university
    42  of New York; the executive director of  the  developmental  disabilities
    43  action planning council; the director of the budget; the commissioner of
    44  economic development; the commissioner of education; the commissioner of
    45  health;  the  commissioner of housing and community renewal; the commis-
    46  sioner of labor; the commissioner of mental health; the commissioner  of
    47  [mental  retardation and] the office for people with developmental disa-
    48  bilities; the commissioner of parks, recreation and  historic  preserva-
    49  tion;  the  chancellor of the state university of New York; the director
    50  of the division of substance abuse services; the director of  the  divi-
    51  sion  for youth; the director of the division for women; and the depart-
    52  ment of audit and control.
    53    § 3. Subdivisions 1 and 2 of section 702  of  the  executive  law,  as
    54  added  by  chapter  551  of  the  laws  of  2002, are amended to read as
    55  follows:
        A. 7490--A                          3
 
     1    1. The most integrated setting coordinating council is hereby  created
     2  within  the  executive  department  to  have and exercise the functions,
     3  powers and duties provided by the provisions of  this  article  and  any
     4  other  provision  of  law. The council shall be comprised of the commis-
     5  sioners  of: the department of health, the office [of mental retardation
     6  and] for people with developmental disabilities, the  office  of  mental
     7  health,  the  department  of  transportation, the office of children and
     8  family services, the office of alcohol and substance abuse services, the
     9  department of education, and  the  division  of  housing  and  community
    10  renewal.  In  addition, the council shall consist of the director of the
    11  office for the aging, a representative from the office of  the  advocate
    12  for  persons  with disabilities, a representative from the commission on
    13  quality of care for the mentally disabled, three consumers  of  services
    14  for  individuals with disabilities, one to be appointed by the governor,
    15  one to be appointed by the temporary president of the senate, and one to
    16  be appointed by the speaker of  the  assembly,  three  individuals  with
    17  expertise in the field of community services for people of all ages with
    18  disabilities,  one  to be appointed by the governor, one to be appointed
    19  by the temporary president of the senate, and one to be appointed by the
    20  speaker of the assembly, and three  individuals  with  expertise  in  or
    21  recipients  of  services available to senior citizens with disabilities,
    22  one to be appointed by the governor, one to be appointed by  the  tempo-
    23  rary  president of the senate, and one to be appointed by the speaker of
    24  the assembly.
    25    2. The commissioners of the department of health, the office of mental
    26  health, the office [of mental retardation and] for people with  develop-
    27  mental  disabilities, and the director of the office for the aging shall
    28  rotate as chairperson of the council on a quarterly basis.
    29    § 4. Section 179-aa of the state finance law, as  amended  by  chapter
    30  292 of the laws of 2007, is amended to read as follows:
    31    §  179-aa.  Advisory committee. There is hereby established a not-for-
    32  profit contracting advisory  committee.  The  advisory  committee  shall
    33  consist  of sixteen members which shall include eight appointed members,
    34  four to be appointed by the governor who  shall  be  representatives  of
    35  not-for-profit  organizations  providing  services in the state, and two
    36  each to be appointed by the governor upon recommendation of  the  tempo-
    37  rary  president  of the senate and speaker of the assembly, and eight ex
    38  officio members of the committee, one each designated from the  division
    39  of  the  budget,  the  department  of law, the office of the state comp-
    40  troller, and the education department. The governor shall also designate
    41  four members from among the following agencies: the department of state,
    42  the office of children and family services, the office of temporary  and
    43  disability  assistance,  the  department of health, the office of mental
    44  hygiene, the office [of mental retardation and] for people with develop-
    45  mental disabilities, and the department of labor.   The  governor  shall
    46  designate  an appointee to serve as chair of the committee. The advisory
    47  committee shall meet at least quarterly and upon its own initiative may:
    48  comment and report on the implementation and operation of  the  not-for-
    49  profit  short-term revolving loan fund; advise the governor, comptroller
    50  and state agencies on the implementation and operation of this  article;
    51  evaluate  the  benefits  of requiring all state agencies to use standard
    52  contract language and the extent  to  which  standard  language  may  be
    53  effectively  included  in  contracts  with not-for-profit organizations;
    54  review annually the report of the office of the state  comptroller  made
    55  pursuant  to  section  one  hundred seventy-nine-bb of this article; and
    56  propose any legislation they deem necessary to improve the fund and this
        A. 7490--A                          4
 
     1  article. The committee shall report to the governor and the  legislature
     2  with  recommendations  on improving the contracting procedures with not-
     3  for-profit organizations which receive state funds through the  interme-
     4  diary  of municipalities.   Such reports shall be due annually not later
     5  than December first.
     6    § 5. Subdivision 1 of section  73-d  of  the  transportation  law,  as
     7  amended  by  chapter  562  of  the  laws  of 1987, is amended to read as
     8  follows:
     9    1. There is hereby created a committee to be known as the "interagency
    10  coordinating committee on rural public transportation", to be  comprised
    11  of nineteen members. The commissioner or his or her designee shall serve
    12  as  chairperson. Twelve of such members shall be the following or his or
    13  her duly designated representative: the director of the office  for  the
    14  aging;  the  commissioner  of  education; the commissioner of labor; the
    15  commissioner of health; the commissioner of the office of mental health;
    16  the commissioner of the office [of mental retardation  and]  for  people
    17  with  developmental  disabilities;  the commissioner of social services;
    18  state advocate for the disabled; secretary  of  state;  commissioner  of
    19  agriculture and markets; the director of the office of rural affairs and
    20  the  director  of the division for youth. Six additional members, all of
    21  whom shall be transportation providers or consumers  representing  rural
    22  counties  shall  be appointed to serve a term of three years as follows:
    23  two by the president pro-tempore of the senate, two by  the  speaker  of
    24  the  assembly,  one by the minority leader of the senate, and one by the
    25  minority leader of the assembly. Efforts shall  be  made  to  provide  a
    26  broad  representation  of  consumers  and  providers  of  transportation
    27  services in rural counties when making such appointments.    Members  of
    28  the committee shall receive no salary.
    29    The  commissioner  shall cause the department to provide staff assist-
    30  ance necessary for the efficient and effective operation of the  commit-
    31  tee.
    32    §  6.  The undesignated paragraph of paragraph (b) of subdivision 2 of
    33  section 1676 of the public authorities law, as added by chapter  281  of
    34  the laws of 1988, is amended to read as follows:
    35    The  Devereux Foundation for the financing, construction and equipping
    36  of facilities subject to the approval of the commissioner of  education,
    37  the  commissioner  of social services and the commissioner of the office
    38  [of mental retardation and] for people with  developmental  disabilities
    39  for a residential and educational program for children with handicapping
    40  conditions,  as  such  term  is  defined  in  subdivision one of section
    41  forty-four hundred one of the education law, including, but not  limited
    42  to,  those  students  who  were publicly placed at the Rhinebeck Country
    43  School during the nineteen hundred eighty-six--eighty-seven school  year
    44  and in furtherance of the state's overall goal of reducing the number of
    45  children with handicapping conditions requiring out-of-state placements:
    46  nothing in the foregoing shall be deemed to authorize The Devereux Foun-
    47  dation  to  apply  any funds or credit obtained pursuant to this section
    48  toward the financing, construction or equipping  of  facilities  on  any
    49  other  property  or  properties it presently owns or controls or owns or
    50  controls in the future.
    51    § 7. The undesignated paragraph of paragraph (b) of subdivision  2  of
    52  section 1676 of the public authorities law, as amended by chapter 299 of
    53  the laws of 2017, is amended to read as follows:
    54    Not-for-profit  members  of InterAgency Council of [Mental Retardation
    55  and] Developmental Disabilities Agencies,  Inc.,  for  the  acquisition,
    56  financing, refinancing, construction, reconstruction, renovation, devel-
        A. 7490--A                          5
 
     1  opment,  improvement,  expansion  and  equipping of certain educational,
     2  administrative, clinical, day program and residential facilities  to  be
     3  located in the state of New York.
     4    §  8.  The  undesignated paragraph of subdivision 1 of section 1680 of
     5  the public authorities law, as added by chapter 281 of the laws of 1988,
     6  is amended to read as follows:
     7    The Devereux Foundation for the financing, construction and  equipping
     8  of  facilities subject to the approval of the commissioner of education,
     9  the commissioner of social services and the commissioner of  the  office
    10  [of  mental  retardation and] for people with developmental disabilities
    11  for a residential and educational program for children with handicapping
    12  conditions, as such term  is  defined  in  subdivision  one  of  section
    13  forty-four  hundred one of the education law, including, but not limited
    14  to, those students who were publicly placed  at  the  Rhinebeck  Country
    15  School  during the nineteen hundred eighty-six--eighty-seven school year
    16  and in the furtherance of the  state's  overall  goal  of  reducing  the
    17  number  of  children with handicapping conditions requiring out-of-state
    18  placements: nothing in the foregoing shall be deemed  to  authorize  The
    19  Devereux  Foundation  to apply any funds or credits obtained pursuant to
    20  this section toward the financing, construction or equipping of  facili-
    21  ties  on  any other property or properties it presently owns or controls
    22  or owns or controls in the future.
    23    § 9. The undesignated paragraph of subdivision 1 of  section  1680  of
    24  the public authorities law, as added by chapter 343 of the laws of 1992,
    25  is amended to read as follows:
    26    Ferncliff  Manor  as a not-for-profit residential school serving chil-
    27  dren who are severely mentally disabled and medically involved, who will
    28  also on a not-for-profit basis operate an  intermediate  care  facility,
    29  for the financing, construction, reconstruction, improvement, renovation
    30  and development of five twelve bed dormitories in Westchester County for
    31  such  children,  subject  to the approval of the commissioners of educa-
    32  tion, social services, and  [mental  retardation  and]  the  office  for
    33  people  with  developmental  disabilities,  and  subject  further to the
    34  approval of the director of the budget as to project  need  and  project
    35  cost.  Except to the extent otherwise prohibited by law, Ferncliff Manor
    36  shall have full power and authority to assign and pledge to the authori-
    37  ty, together with any pledge of its own assets and other income, any and
    38  all public funds to be apportioned or  otherwise  made  payable  by  the
    39  state, a political subdivision, as defined in section one hundred of the
    40  general  municipal  law, or any social services district in the state in
    41  an amount sufficient to make all payments required to be made  by  Fern-
    42  cliff  Manor  pursuant to any lease, sublease or other agreement entered
    43  into between Ferncliff Manor and the  authority.  All  state  and  local
    44  officers  are  hereby  authorized  and required to pay all such funds so
    45  assigned and pledged to the authority  or  upon  the  direction  of  the
    46  authority,  to any trustee of any authority bond or note issued pursuant
    47  to a certificate filed with any such  state  or  local  officer  by  the
    48  authority  pursuant  to  the provisions of this section. No agreement or
    49  lease by Ferncliff Manor shall be  effective  unless  and  until  it  is
    50  approved  by  or  on  behalf  of  the commissioners of education, social
    51  services, and [mental retardation and] the office for people with devel-
    52  opmental disabilities, and subject further to the approval of the direc-
    53  tor of the budget as to project need and project cost.
    54    § 10. The undesignated paragraph of subdivision 1 of section  1680  of
    55  the  public  authorities  law,  as amended by chapter 780 of the laws of
    56  1992, is amended to read as follows:
        A. 7490--A                          6
 
     1    The Leake and Watts Children's Home (Incorporated), Yonkers, New  York
     2  for the financing, construction, reconstruction, improvement, renovation
     3  or  otherwise for (1) a new school building for the junior high and high
     4  school vocational programs including a field house; (2) a new children's
     5  cottage  and  renovation and reconstruction of eight existing children's
     6  cottages to provide more efficient heating  and  cooling  systems,  more
     7  secure  supervision  and  to increase the number of beds; (3) renovation
     8  and reconstruction of the main building to provide  new  electrical  and
     9  plumbing  systems  and  internal  rehabilitation; and (4) renovation and
    10  reconstruction of the old school building for multiple use;  subject  to
    11  the  approval  of  the  commissioners  of education, social services and
    12  [mental retardation and] the office for people with developmental  disa-
    13  bilities,  and  subject  further  to the approval of the director of the
    14  budget including as to project need and  project  cost.  Notwithstanding
    15  any  other provision of law, The Leake and Watts Children's Home (Incor-
    16  porated) shall have full power and authority to assign and pledge to the
    17  authority, together with any other assets so pledged, any and all  prop-
    18  erty  rights  to, and property interests in, any and all public funds to
    19  be apportioned or otherwise made  payable  by  the  state,  a  political
    20  subdivision,  as defined in section one hundred of the general municipal
    21  law, or any social services district in the state in  an  amount  suffi-
    22  cient  to  make  all payments required to be made by The Leake and Watts
    23  Children's Home (Incorporated) pursuant to any lease, sublease or  other
    24  agreement  entered  into  between  The  Leake  and Watts Children's Home
    25  (Incorporated) and the authority. All state and local officers are here-
    26  by authorized and required to pay all such funds so assigned and pledged
    27  to the authority or upon the direction of the authority, to any  trustee
    28  of  any  authority  bond  or note issued pursuant to a certificate filed
    29  with any such state or local officer by the authority  pursuant  to  the
    30  provisions of this section. No lease, sublease or other agreement by The
    31  Leake and Watts Children's Home (Incorporated) shall be effective unless
    32  and  until it is approved by or on behalf of the commissioners of educa-
    33  tion, social services and [mental retardation and] the office for people
    34  with developmental disabilities and subject further to the  approval  of
    35  the  director  of  the  budget  including as to project need and project
    36  cost.
    37    § 11. The undesignated paragraph of subdivision 1 of section  1680  of
    38  the  public  authorities  law, as amended by section 6 of chapter 299 of
    39  the laws of 2017, is amended to read as follows:
    40    Not-for-profit members of InterAgency Council of  [Mental  Retardation
    41  and]  Developmental  Disabilities  Agencies,  Inc., for the acquisition,
    42  financing, refinancing, construction, reconstruction, renovation, devel-
    43  opment, improvement, expansion and  equipping  of  certain  educational,
    44  administrative,  clinical,  day program and residential facilities to be
    45  located in the state of New York. Notwithstanding any other provision of
    46  law, not-for-profit members of the InterAgency Council of [Mental Retar-
    47  dation] and Developmental Disabilities Agencies, Inc.  shall  have  full
    48  power and authority to assign and pledge to the dormitory authority, any
    49  and  all public funds to be apportioned or otherwise made payable by the
    50  United States, any agency thereof, the  state,  any  agency  thereof,  a
    51  political  subdivision, as defined in section one hundred of the general
    52  municipal law, any social services district in the state  or  any  other
    53  governmental  entity  in  an  amount  sufficient  to  make  all payments
    54  required to be made by such members pursuant to any lease,  sublease  or
    55  other  agreement  entered  into  between  such members and the dormitory
    56  authority. All state  and  local  officers  are  hereby  authorized  and
        A. 7490--A                          7
 
     1  required  to pay all such funds so assigned and pledged to the dormitory
     2  authority or, upon the direction of  the  dormitory  authority,  to  any
     3  trustee  of  any  dormitory authority bond or note issued, pursuant to a
     4  certificate  filed with any such state or local officer by the dormitory
     5  authority pursuant to the provisions of this section.
     6    § 12. Subdivision 3 of section 2879-a of the public  authorities  law,
     7  as  added  by  chapter  506  of  the laws of 2009, is amended to read as
     8  follows:
     9    3. This section shall not apply to: (a) contracts entered into for the
    10  issuance  of  commercial  paper  or  bonded  indebtedness,  other   than
    11  contracts  with  the  state  providing  for  the payment of debt service
    12  subject to an appropriation; (b) contracts entered  into  by  an  entity
    13  established  under  article ten-c of the public authorities law that are
    14  for: (i) projects approved by the department of  health  or  the  public
    15  health  council  in accordance with articles twenty-eight, thirty-six or
    16  forty of the public health law or article seven of the  social  services
    17  law;  (ii)  projects approved by the office of mental health, the office
    18  [of mental retardation and] for people with developmental  disabilities,
    19  or  the  office of alcoholism and substance abuse services in accordance
    20  with articles sixteen, thirty-one, or thirty-two of the  mental  hygiene
    21  law; (iii) services, affiliations or joint ventures for the provision or
    22  administration  of  health  care  services  or scientific research; (iv)
    23  payment for direct health care services or goods used in  the  provision
    24  of  health  care  services;  or  (v)  participation  in group purchasing
    25  arrangements; (c) contracts entered into for the procurement  of  goods,
    26  services  or  both  goods  and services made to meet emergencies arising
    27  from unforeseen causes or to effect repairs to  critical  infrastructure
    28  that are necessary to avoid a delay in the delivery of critical services
    29  that  could  compromise the public welfare; (d) contracts of purchase or
    30  sale of energy, electricity or ancillary services made by  an  authority
    31  on  a  recognized market for goods, services, or commodities in question
    32  in accordance with standard terms and conditions of purchase or sale  at
    33  a  market  price;  (e)  contracts  for the purchase, sale or delivery of
    34  power or energy, fuel, costs and services ancillary thereto,  or  finan-
    35  cial  products related thereto, with a term of less than five years; and
    36  (f) contracts for the sale or delivery of power or energy and costs  and
    37  services ancillary thereto for economic development purposes pursuant to
    38  title one of article five of this chapter or article six of the economic
    39  development law, provided, however, that the authority shall file copies
    40  of  any  such  contract with the comptroller within sixty days after the
    41  execution of such contract.
    42    § 13. Subdivisions 2 and 3 of section 32 of  the  public  health  law,
    43  subdivision  2  as added by chapter 442 of the laws of 2006 and subdivi-
    44  sion 3 as amended by chapter 109 of the laws of  2007,  are  amended  to
    45  read as follows:
    46    2. to conduct and supervise activities to prevent, detect and investi-
    47  gate  medical  assistance program fraud and abuse amongst the following:
    48  the department; the offices of mental health,  [mental  retardation  and
    49  developmental  disabilities,]  alcoholism  and substance abuse services,
    50  temporary disability assistance, and children and  family  services  and
    51  the office for people with developmental disabilities;
    52    3.  to  coordinate,  to  the  greatest  extent possible, activities to
    53  prevent, detect and investigate medical  assistance  program  fraud  and
    54  abuse  amongst  the  following:  the  department;  the offices of mental
    55  health, [mental retardation and developmental disabilities,]  alcoholism
    56  and substance abuse services, temporary disability assistance, and chil-
        A. 7490--A                          8
 
     1  dren  and  family  services and the office for people with developmental
     2  disabilities; the commission on quality of care and advocacy for persons
     3  with  disabilities;  the  department  of  education;  the  fiscal  agent
     4  employed  to  operate  the  medical  assistance  information and payment
     5  system; local governments and entities; and to work in a coordinated and
     6  cooperative manner with, to the greatest  extent  possible,  the  deputy
     7  attorney  general  for  Medicaid  fraud  control;  the welfare inspector
     8  general, federal prosecutors, district attorneys within the  state,  the
     9  special  investigative  unit maintained by each health insurer operating
    10  within the state, and the state comptroller;
    11    § 14. Section 34 of the public health law, as added by chapter 442  of
    12  the laws of 2006, is amended to read as follows:
    13    §  34. Transfer of employees. Upon the transfer of the medical assist-
    14  ance program audit and fraud and abuse  prevention  functions  from  the
    15  department  and  the  offices  of mental health, [mental retardation and
    16  developmental disabilities,] alcoholism and  substance  abuse  services,
    17  temporary  disability  assistance,  and children and family services and
    18  the office for people with  developmental  disabilities  to  the  office
    19  within  the  department  pursuant  to  section thirty-one of this title,
    20  provision shall be made for  the  transfer  of  necessary  officers  and
    21  employees  who are substantially engaged in the performance of the func-
    22  tion to be transferred, and any  documents  and  records  necessary  and
    23  related  to the transfer of such functions. The heads of the departments
    24  or agencies from which such  function  is  to  be  transferred  and  the
    25  inspector  shall  confer to determine the officers and employees who are
    26  substantially engaged in the medical assistance program audit and  fraud
    27  and  abuse  prevention  function  to  be transferred. In accordance with
    28  subdivision two of section seventy of the civil  service  law,  officers
    29  and  employees so transferred shall be transferred without further exam-
    30  ination or qualification to the same or similar titles and shall  remain
    31  in the same collective bargaining unit and shall retain their respective
    32  civil  service  classification,  status  and  rights  pursuant  to their
    33  collective  bargaining  unit  and   collective   bargaining   agreement.
    34  Notwithstanding  the  office's regional operations, all office employees
    35  shall be co-located, to the greatest extent practicable.  The  inspector
    36  shall  have  sole  responsibility  for  establishing methods of adminis-
    37  tration for the office.
    38    § 15. Subdivision 2 of section 2004-a of the  public  health  law,  as
    39  added  by  section  24  of  part B of chapter 58 of the laws of 2007, is
    40  amended to read as follows:
    41    2. The council shall be comprised of twenty-one  members  as  follows:
    42  the  commissioner  of  health,  the director of the state office for the
    43  aging, the commissioner of children and family services, the commission-
    44  er of education, the commissioner of mental health and the  commissioner
    45  of  [mental  retardation  and]  the office for people with developmental
    46  disabilities who shall serve ex officio and who may designate  represen-
    47  tatives  to act on their behalf.  The governor shall appoint seven other
    48  members with expertise in Alzheimer's disease, other dementia  or  elder
    49  care  issues, at least two of whom shall represent not-for-profit corpo-
    50  rations whose primary purpose is to provide access  to  experts  in  the
    51  care  of persons with Alzheimer's disease and related dementia, that are
    52  part of a statewide network of not-for-profit  corporations  established
    53  specifically  to respond at the local and regional level to the needs of
    54  this population and that provide family intervention services related to
    55  Alzheimer's disease in order to postpone or prevent nursing home  place-
    56  ments  of  individuals with Alzheimer's disease or other dementia. Eight
        A. 7490--A                          9
 
     1  members shall be appointed by the governor on the recommendation of  the
     2  legislative  leaders  as  follows: the temporary president of the senate
     3  and the speaker of the assembly shall each recommend  three  members  to
     4  the council. One of the three members recommended by the temporary pres-
     5  ident and one of the three members recommended by the speaker shall be a
     6  clinical  or  research  expert  in  the field of dementia and one of the
     7  three members appointed by each shall be a family member or caregiver of
     8  a person suffering from  Alzheimer's  disease  or  other  dementia.  One
     9  member  shall  be appointed on the recommendation of the minority leader
    10  of the senate and one member shall be appointed on the recommendation of
    11  the minority leader of the assembly. The commissioner of health and  the
    12  director  of  the  office  for  the  aging  shall  serve, ex officio, as
    13  co-chairs of the council. Administrative duties shall be  the  responsi-
    14  bility  of  the  department. The members of the council shall receive no
    15  compensation for their services.
    16    § 16. Subdivision 17 of section 2541 of  the  public  health  law,  as
    17  added by chapter 428 of the laws of 1992, is amended to read as follows:
    18    17.  "State early intervention service agencies" means the departments
    19  of health, education and social  services  and  the  offices  of  mental
    20  health[,  mental retardation and developmental disabilities] and [office
    21  of] alcoholism and substance abuse services and the  office  for  people
    22  with developmental disabilities.
    23    § 17. Subdivision 4 of section 2559 of the public health law, as added
    24  by  section  8 of part B-3 of chapter 62 of the laws of 2003, is amended
    25  to read as follows:
    26    4. Notwithstanding any  other  provision  of  law,  the  commissioner,
    27  pursuant  to  a memorandum of understanding with the commissioner of the
    28  office [of mental retardation and] for people with  developmental  disa-
    29  bilities,  shall  develop and submit a medicaid home and community based
    30  services waiver, pursuant to section 1915c of the social  security  act,
    31  for  the  purpose  of  creating  a waiver program to provide and finance
    32  services for children who qualify for the early intervention program. In
    33  further establishing eligibility criteria under the waiver program,  the
    34  commissioner,  in  conjunction  with  the commissioner of the office [of
    35  mental retardation and]  for  people  with  developmental  disabilities,
    36  shall  establish  health, developmental and psycho-social criteria which
    37  shall permit the broadest eligibility based on criteria  for  the  early
    38  intervention program and federal standards for participation in a waiver
    39  program.  The  waiver application shall be submitted pursuant to section
    40  1915c of the social security act no later than January first, two  thou-
    41  sand four.
    42    §  18.  Section 2740 of the public health law, as added by chapter 196
    43  of the laws of 1994, is amended to read as follows:
    44    § 2740. Traumatic brain injury program.  The department shall have the
    45  central responsibility for administering the provisions of this  article
    46  and otherwise coordinating the state's policies with respect to traumat-
    47  ic  brain injury, in consultation with the office [of mental retardation
    48  and] for people with developmental disabilities, the  office  of  mental
    49  health,  the  department  of  education,  the  office  of alcoholism and
    50  substance abuse services, the department of social services, the  office
    51  of  the  advocate for the disabled and the commission on quality of care
    52  for the mentally disabled.
    53    § 19. Subdivision 1 of section 2744 of the public health law, as added
    54  by chapter 196 of the laws of 1994, is amended to read as follows:
    55    1. The traumatic brain injury services coordinating council is  hereby
    56  established  and  shall consist of the following persons or their desig-
        A. 7490--A                         10
 
     1  nees: the commissioner, the commissioner of [mental retardation and] the
     2  office for people with developmental disabilities, the office of  mental
     3  health,  the  commissioner  of education, the commissioner of alcoholism
     4  and  substance  abuse services, the commissioner of social services, the
     5  state advocate for the disabled and the commission on  quality  of  care
     6  for the mentally disabled. In addition, the council shall consist of the
     7  following persons: five persons appointed by the governor, three of whom
     8  shall  be  persons  with traumatic brain injury and two of whom shall be
     9  representative of the public  and  have  a  demonstrated  expertise  and
    10  interest  in traumatic brain injury; two persons appointed by the tempo-
    11  rary president of the senate, one of whom shall be a person  with  trau-
    12  matic brain injury and one of whom shall be representative of the public
    13  and  have a demonstrated expertise and interest in traumatic brain inju-
    14  ry; two persons appointed by the speaker of the assembly,  one  of  whom
    15  shall  be  a person with traumatic brain injury and one of whom shall be
    16  representative of the public  and  have  a  demonstrated  expertise  and
    17  interest in traumatic brain injury, one person appointed by the minority
    18  leader  of  the senate who shall be a person with traumatic brain injury
    19  or be representative of the public and have a demonstrated expertise and
    20  interest in traumatic brain injury; and  one  person  appointed  by  the
    21  minority  leader  of  the  assembly who shall be a person with traumatic
    22  brain injury or be representative of the public and have a  demonstrated
    23  expertise  and  interest  in traumatic brain injury. Of the five persons
    24  appointed by the governor, three shall serve for a term of one year, one
    25  shall serve for a term of two years and one shall serve for  a  term  of
    26  three  years. Of the two persons appointed by the temporary president of
    27  the senate, one shall serve for a term of two years and one shall  serve
    28  for  a  term of three years. Of the two persons appointed by the speaker
    29  of the assembly, one shall serve for a term of two years and  one  shall
    30  serve  for  a  term of three years. The person appointed by the minority
    31  leader of the senate and the person appointed by the minority leader  of
    32  the assembly shall serve for a term of one year. Subsequent appointments
    33  for  vacancies shall be for a term of three years and shall be filled in
    34  the same manner as the original appointment.
    35    § 20. Subparagraph (ii) of paragraph (e) of subdivision 2-a of section
    36  2807 of the public health law, as amended by section 15  of  part  C  of
    37  chapter 58 of the laws of 2009, is amended to read as follows:
    38    (ii) Notwithstanding this subdivision and any other contrary provision
    39  of  law, the commissioner may incorporate within the payment methodology
    40  described in subparagraph (i) of this  paragraph  payment  for  services
    41  provided  by  facilities  pursuant to licensure under the mental hygiene
    42  law, provided, however, that such APG payment methodology may be  phased
    43  into effect in accordance with a schedule or schedules as jointly deter-
    44  mined  by  the  commissioner,  the  commissioner  of  mental health, the
    45  commissioner of alcoholism and substance abuse services, and the commis-
    46  sioner of [mental retardation and] the office for people  with  develop-
    47  mental disabilities.
    48    §  21.  Paragraph (c) of subdivision 1 of section 2807-d of the public
    49  health law, as added by section 193 of part A of chapter 389 of the laws
    50  of 1997, is amended to read as follows:
    51    (c) On and after December first, nineteen  hundred  ninety-seven,  the
    52  term  "general  hospital",  as  used in this section, includes specialty
    53  hospitals for persons who are developmentally disabled, licensed by  the
    54  office  [of  mental retardation and] for people with developmental disa-
    55  bilities and which are also issued an operating certificate pursuant  to
    56  section twenty-eight hundred five of this article.
        A. 7490--A                         11
 
     1    §  22. The opening paragraph of section 2978 of the public health law,
     2  as amended by chapter 8 of the laws of  2010,  is  amended  to  read  as
     3  follows:
     4    The  commissioners  of  mental health and [mental retardation and] the
     5  office for people with developmental disabilities shall  establish  such
     6  regulations  as may be necessary for implementation of this article with
     7  respect to those persons in mental hygiene facilities.
     8    § 23. The opening paragraph of subdivision 1 of section  2979  of  the
     9  public  health  law,  as  amended  by  chapter 8 of the laws of 2010, is
    10  amended to read as follows:
    11    The commissioners of mental health and [mental  retardation  and]  the
    12  office for people with developmental disabilities shall prepare a state-
    13  ment  summarizing  the  rights, duties, and requirements of this article
    14  and shall require that a copy of such statement:
    15    § 24. Subdivision 10 of section 2980 of  the  public  health  law,  as
    16  amended  by  chapter  23  of  the  laws  of  1994, is amended to read as
    17  follows:
    18    10. "Mental hygiene facility" means a residential facility,  excluding
    19  family  care  homes, operated or licensed by the office of mental health
    20  or the office [of mental retardation and] for people with  developmental
    21  disabilities.
    22    § 25. Subdivision 2 of section 2991 of the public health law, as added
    23  by chapter 752 of the laws of 1990, is amended to read as follows:
    24    2. Such procedures shall be established in accordance with regulations
    25  issued by the commissioners of health, mental health, and [mental retar-
    26  dation  and]  the  office for people with developmental disabilities for
    27  facilities subject to their respective regulatory authorities.
    28    § 26. Section 2993 of the public health law, as added by  chapter  752
    29  of the laws of 1990, is amended to read as follows:
    30    §  2993. Regulations. The commissioner of health, in consultation with
    31  the commissioners of the office of mental  health  and  the  office  [of
    32  mental  retardation  and]  for  people  with developmental disabilities,
    33  shall establish such regulations as may be necessary for the implementa-
    34  tion of this article, subject to the provisions of  subdivision  two  of
    35  section two thousand nine hundred ninety-one of this article.
    36    §  27.  Subdivision  20 of section 2994-a of the public health law, as
    37  added by chapter 8 of the laws of 2010, is amended to read as follows:
    38    20. "Mental hygiene facility" means a facility operated or licensed by
    39  the office of mental health or the office [of  mental  retardation  and]
    40  for people with developmental disabilities as defined in subdivision six
    41  of section 1.03 of the mental hygiene law.
    42    §  28.  Paragraph (c) of subdivision 3 of section 2994-b of the public
    43  health law, as added by chapter 8 of the laws of  2010,  is  amended  to
    44  read as follows:
    45    (c)  If  a  health  care  decision  for a patient cannot be made under
    46  [paragraphs] paragraph (a) or (b) of this subdivision, but  consent  for
    47  the decision may be provided pursuant to the mental hygiene law or regu-
    48  lations of the office of mental health or the office [of mental retarda-
    49  tion  and] for people with developmental disabilities, then the decision
    50  shall be governed by such statute or regulations and not by  this  arti-
    51  cle.
    52    §  29.  Subdivision  2  of section 2994-t of the public health law, as
    53  added by chapter 8 of the laws of 2010, is amended to read as follows:
    54    2. The commissioner, in consultation with  the  commissioners  of  the
    55  office  of  mental health and the office [of mental retardation and] for
    56  people with developmental  disabilities,  shall  promulgate  regulations
        A. 7490--A                         12
 
     1  identifying  the  credentials  of health care professionals qualified to
     2  provide an independent determination, pursuant to subdivision  three  of
     3  section  twenty-nine  hundred  ninety-four-c  of  this  article,  that a
     4  patient  lacks  decision-making  capacity  because  of mental illness or
     5  developmental disability.
     6    § 30. Subdivision 12 of section 2994-aa of the public health  law,  as
     7  added by chapter 8 of the laws of 2010, is amended to read as follows:
     8    12. "Mental hygiene facility" means a residential facility operated or
     9  licensed  by the office of mental health or the office [of mental retar-
    10  dation and] for people with developmental disabilities.
    11    § 31. Subdivision 4 of section 3 of the public lands law,  as  amended
    12  by chapter 785 of the laws of 1982, is amended to read as follows:
    13    4.  Notwithstanding any other provision of this chapter or other stat-
    14  ute, the commissioner of general services, upon the application  of  any
    15  state  department,  or a division, bureau or agency thereof, or upon the
    16  application of any state agency, may transfer to such state  department,
    17  division,  bureau, or agency, or state agency, the jurisdiction over any
    18  lands, including lands under  water,  abandoned  canal  lands  and  salt
    19  springs  reservation land, upon such terms and conditions as the commis-
    20  sioner may deem just and proper and upon the consent of the  department,
    21  or  a  division,  bureau or agency thereof, or any state agency, already
    22  having jurisdiction  over  such  lands  and  notwithstanding  any  other
    23  provision  of  this  chapter  or  other  statute, authority to give such
    24  consent is hereby conferred upon the head of any such state  department,
    25  or  a division, bureau or agency thereof, or any state agency; provided,
    26  however, that if the commissioner of general  services  determines  that
    27  any such land under the jurisdiction of any state department, or a divi-
    28  sion,  bureau or agency thereof, or any state agency other than a public
    29  authority or public benefit corporation is  under  utilized  or  is  not
    30  being  utilized  in  a  manner consistent with the best interests of the
    31  state, such commissioner may on his  own  initiative,  and  without  the
    32  application  or  consent  referred to above but subject to the procedure
    33  and review provided in section  two-a  of  this  article,  transfer  the
    34  jurisdiction  over  such  land to any other state department, or a divi-
    35  sion, bureau or agency thereof, or any other state agency other  than  a
    36  public  authority  or  public  benefit  corporation. Should such land be
    37  under the jurisdiction of the office of mental health or the office  [of
    38  mental  retardation and] for people with developmental disabilities upon
    39  which a community residential facility for the disabled  as  defined  in
    40  section  41.34  of  the  mental  hygiene law exists, the commissioner of
    41  general services shall, prior to transferring the jurisdiction over such
    42  land to any other state department, or  a  division,  bureau  or  agency
    43  thereof,  or  any  other  state  agency other than a public authority or
    44  public benefit corporation offer such land for sale  at  public  auction
    45  pursuant  to  section  thirty-three  of this chapter; provided, however,
    46  that the provisions of section four hundred six of  the  eminent  domain
    47  procedure law shall apply to such property.
    48    § 32. Subdivisions 3 and 4 of section 30-a of the public lands law, as
    49  added  by  chapter  785  of  the  laws  of  1982, are amended to read as
    50  follows:
    51    3. Upon the filing of a declaration of abandonment by the commissioner
    52  of the office of mental health or by the commissioner of the office  [of
    53  mental  retardation  and]  for people with developmental disabilities of
    54  state-owned lands upon which a community residential  facility  for  the
    55  disabled  as  defined in section 41.34 of the mental hygiene law exists,
    56  and with an approval thereof by the commissioner  of  general  services,
        A. 7490--A                         13
 
     1  such  lands  shall become unappropriated state lands; and prior to being
     2  transferred to the jurisdiction of another state agency shall be offered
     3  for sale at public auction pursuant  to  section  thirty-three  of  this
     4  article;  provided, however, that the provisions of section four hundred
     5  six of the eminent domain procedure law shall apply to such property.
     6    4. Should state-owned real property  under  the  jurisdiction  of  the
     7  office  of  mental  health or the office [of mental retardation and] for
     8  people with developmental disabilities and upon which a community  resi-
     9  dential  facility  for  the  disabled as defined in section 41.34 of the
    10  mental hygiene law exists, be declared abandoned by the commissioner  of
    11  general  services pursuant to subdivision two of this section, such real
    12  property shall become unappropriated state lands;  and  prior  to  being
    13  transferred  to  the  jurisdiction  of  another  state  agency, shall be
    14  offered for sale at public auction pursuant to section  thirty-three  of
    15  this  article;  provided,  however,  that the provisions of section four
    16  hundred six of the eminent domain procedure  law  shall  apply  to  such
    17  property.
    18    §  33. Subdivision 23 of section 305 of the education law, as added by
    19  chapter 515 of the laws of 1992, is amended to read as follows:
    20    23. The commissioner shall have primary responsibility for the  devel-
    21  opment and implementation of integrated employment opportunities includ-
    22  ing  short-term  and  intensive  supported  employment  services and, as
    23  appropriate, long-term extended support services  and  shall  coordinate
    24  with the commissioner of social services, the commissioner of the office
    25  of  mental health and the commissioner of the office [of mental retarda-
    26  tion and] for people with developmental disabilities under an integrated
    27  employment implementation plan, pursuant to article twenty-one  of  this
    28  chapter.
    29    §  34.  Subparagraph  (i) of paragraph (j) of subdivision 1 of section
    30  414 of the education law, as added by chapter 513 of the laws  of  2005,
    31  is amended to read as follows:
    32    (i)  For  the purposes of this subdivision, the term "licensed school-
    33  based health, dental or mental health clinic" means  a  clinic  that  is
    34  located  in  a  school facility of a school district or board of cooper-
    35  ative educational services, is operated by  an  entity  other  than  the
    36  school  district  or  board of cooperative educational services and will
    37  provide health, dental or mental health  services  during  school  hours
    38  and/or  non-school  hours to school-age and preschool children, and that
    39  is: (1) a health clinic approved under the  provisions  of  chapter  one
    40  hundred  ninety-eight  of the laws of nineteen hundred seventy-eight; or
    41  (2) another school-based health or dental clinic licensed by the depart-
    42  ment of health pursuant to article twenty-eight  of  the  public  health
    43  law;  or (3) a school-based mental health clinic licensed or approved by
    44  the office of mental health pursuant to article thirty-one of the mental
    45  hygiene law; or (4) a school-based mental health clinic licensed by  the
    46  office  [of  mental retardation and] for people with developmental disa-
    47  bilities pursuant to article sixteen of the mental hygiene law.
    48    § 35. Paragraphs a and c of subdivision 2 and the closing paragraph of
    49  subdivision 3 of section 1004-b of the education law, as added by  chap-
    50  ter 515 of the laws of 1992, are amended to read as follows:
    51    a.  The  commissioner,  in consultation with and with the agreement of
    52  the commissioners of mental health, [mental retardation and] the  office
    53  for  people  with  developmental  disabilities and social services shall
    54  develop a state interagency plan for the  implementation  of  integrated
    55  employment  opportunities  for  individuals  with  severe  disabilities,
    56  including supported employment. Such plan shall be  designed  so  as  to
        A. 7490--A                         14
 
     1  ensure  that  the  state's  integrated employment efforts, including the
     2  supported employment program, are  planned,  developed  and  implemented
     3  comprehensively, with roles and responsibilities of the respective agen-
     4  cies  well-defined.  Such  plan  shall  reflect the department's primary
     5  responsibility for the development  of  integrated  employment  opportu-
     6  nities  for  individuals  with severe disabilities, including short-term
     7  and intensive supported employment  services,  as  well  as  appropriate
     8  responsibilities  for  long  term  extended  support services. Such plan
     9  shall specify the role and  responsibilities  of  each  such  agency  in
    10  assuring that:
    11    c.  The  commissioner,  in  consultation with the commissioners of the
    12  office of mental health, the office  [of  mental  retardation  and]  for
    13  people  with  developmental  disabilities  and  the department of social
    14  services, shall develop an audit protocol to verify the actual costs  of
    15  providing such programs.
    16    The  commissioners  of  the  office  of  mental health, the office [of
    17  mental retardation and] for people with developmental disabilities,  and
    18  the department of social services shall provide any information required
    19  to assist the commissioner in making such report.
    20    §  36.  Paragraph  c  and  subparagraphs 1, 2 and 13 of paragraph d of
    21  subdivision 5 of section 3202 of the education law, paragraph c as added
    22  by chapter 66 of the laws of 1978, subparagraph  2  of  paragraph  c  as
    23  amended  by  section  26  of  part  B of chapter 57 of the laws of 2007,
    24  subparagraphs 1 and 2 as amended by chapter 260 of the laws of 1993  and
    25  subparagraph 13 as amended by chapter 273 of the laws of 1986 and renum-
    26  bered by chapter 57 of the laws of 1993, are amended to read as follows:
    27    c. (1) The education department is authorized to reimburse each school
    28  district furnishing educational services to children residing in schools
    29  for  the mentally retarded operated by the office [of mental retardation
    30  and] for people with developmental disabilities for the direct  cost  of
    31  such  services in accordance with regulations promulgated by the commis-
    32  sioner and approved by the director of the budget.
    33    (2) The school district in which each such child resided at  the  time
    34  the  office  [of  mental  retardation and] for people with developmental
    35  disabilities assumed responsibility for the support and  maintenance  of
    36  such child shall reimburse the education department for its expenditures
    37  on behalf of such child, in an amount equal to the school district basic
    38  contribution  as  such  term  is defined in subdivision eight of section
    39  forty-four hundred one of this chapter, for any such child admitted to a
    40  state school for the retarded on or after July first,  nineteen  hundred
    41  seventy-eight.  The  comptroller  may  deduct from any state funds which
    42  become due to a school district an amount  equal  to  the  reimbursement
    43  required  to  be  made  by  such school district in accordance with this
    44  paragraph and the amount so  deducted  shall  not  be  included  in  the
    45  approved operating expense of such district for the purpose of computing
    46  the  approved  operating expenses pursuant to paragraph t of subdivision
    47  one of section thirty-six hundred two of this chapter.
    48    (1) Children who reside in  an  intermediate  care  facility  for  the
    49  mentally  retarded,  other than a state operated school for the mentally
    50  retarded, as defined in regulations of the office [of mental retardation
    51  and] for people with developmental disabilities, shall  be  admitted  to
    52  the  public  schools, except as otherwise provided in subparagraph four-
    53  teen of this paragraph.   The trustees or  board  of  education  of  the
    54  school  district  in  which  such facility is located shall receive such
    55  children in the school or schools of the district  for  instruction  and
    56  for the provision of necessary related services for a compensation to be
        A. 7490--A                         15
 
     1  fixed  by  the  trustees  or board of education, unless such trustees or
     2  board of education shall establish to the satisfaction  of  the  commis-
     3  sioner  of  education  that  there  are valid and sufficient reasons for
     4  refusal  to  receive such children.  Evaluation of the educational needs
     5  of such children and placement in appropriate educational programs shall
     6  be made in accordance with article eighty-nine of this chapter.
     7    (2) A child who resides in an individualized  residential  alternative
     8  as  defined in regulations of the office [of mental retardation and] for
     9  people with developmental disabilities which  is  located  in  a  school
    10  district  other than the school district in which such child's parent or
    11  person in parental relation resided at the time such child was placed in
    12  an institution under the auspices of such  office  shall  be  deemed  to
    13  reside in an intermediate care facility for purposes of this subdivision
    14  to the extent such child is enrolled in a home and community based waiv-
    15  er program approved by the Health Care Financing Administration.
    16    (13)  The  school  district providing educational services to children
    17  placed pursuant to this paragraph shall provide a report on  the  status
    18  of each such child with a handicapping condition annually to the commit-
    19  tee  on  special  education  of  the  school district in which the child
    20  resided at the time of admission to the intermediate care  facility  for
    21  the  mentally  retarded. Such report shall also be sent to the parent or
    22  guardian of the child and the office [of  mental  retardation  and]  for
    23  people with developmental disabilities.
    24    §  37.  The opening paragraph of clause (c) of subparagraph 4 of para-
    25  graph b of subdivision 1 of  section  4402  of  the  education  law,  as
    26  amended  by  chapter  378  of  the  laws  of 2007, is amended to read as
    27  follows:
    28    The committee on special education, with the consent of the parent  or
    29  person in parental relation or the student, if he or she is over the age
    30  of  eighteen,  shall  request  in  writing a designee of the appropriate
    31  county or state agency to participate,  in  accordance  with  guidelines
    32  established  by the department, in any proceeding of the committee where
    33  a child is at risk of residential placement. The committee shall forward
    34  a copy of any such request to the office [of mental retardation and] for
    35  people with developmental disabilities and the office of mental  health.
    36  A  designee  or  designees  of  the  agency  may participate in any such
    37  proceeding for the purpose  of  making  recommendations  concerning  the
    38  appropriateness  of  residential placement and other programs and place-
    39  ment alternatives, including, but  not  limited  to,  community  support
    40  services that may be available to the family. Such designee or designees
    41  shall  not  be  considered  members  of  the committee. Such designee or
    42  designees shall include, but not be limited to, representatives  of  any
    43  agency  receiving  coordinated children's services initiative funding as
    44  referenced in the aid to localities budget, of a local interagency coor-
    45  dinating body, of the social services district, the local mental  health
    46  agency,  or  health  department,  or  of  the developmental disabilities
    47  service office, as appropriate. The name of such designee or  designees,
    48  if  any,  shall be made available to each committee on special education
    49  in the county. In addition, with the consent  of  the  parent  or  other
    50  person  in parental relation, the committee may confer with other appro-
    51  priate providers of services to identify any services  that  may  be  of
    52  benefit  to  the  family  based on the family's identification of or the
    53  committee's observation of family services needs. As used in this  chap-
    54  ter,  the term "county" means county as defined in section four thousand
    55  one of this [article] title, and the term "appropriate agency" means one
    56  of the following agencies:
        A. 7490--A                         16
 
     1    § 38. The opening paragraph of clause (c) of subparagraph 4  of  para-
     2  graph  b  of  subdivision  1  of  section  4402 of the education law, as
     3  amended by chapter 600 of the laws  of  1994,  is  amended  to  read  as
     4  follows:
     5    The committee on special education shall request in writing a designee
     6  of  the appropriate county or state agency to participate, in accordance
     7  with guidelines established by the department, in any proceeding of  the
     8  committee where a child is at risk of residential placement. The commit-
     9  tee  shall  forward  a copy of any such request to the office [of mental
    10  retardation and] for people  with  developmental  disabilities  and  the
    11  office  of  mental  health.  A  designee  or designees of the agency may
    12  participate in any such proceeding for the purpose of making recommenda-
    13  tions concerning the appropriateness of residential placement and  other
    14  programs  and  placement  alternatives,  including,  but not limited to,
    15  community support services that may be available  to  the  family.  Such
    16  designee  or designees shall not be considered members of the committee.
    17  Such designee or designees shall include, but not be limited to,  repre-
    18  sentatives  of  any  agency  receiving  coordinated  children's services
    19  initiative funding as referenced in the aid to localities budget,  of  a
    20  local  interagency  coordinating  body, of the social services district,
    21  the local mental health agency, or health department, or of the develop-
    22  mental disabilities service office, as appropriate.  The  name  of  such
    23  designee or designees, if any, shall be made available to each committee
    24  on special education in the county. In addition, with the consent of the
    25  parent  or  other  person  in  parental  relationship, the committee may
    26  confer with other appropriate providers  of  services  to  identify  any
    27  services  that  may  be  of  benefit to the family based on the family's
    28  identification of or the  committee's  observation  of  family  services
    29  needs.  As  used  in  this  chapter,  the  term "county" means county as
    30  defined in section four thousand one of this [article]  title,  and  the
    31  term "appropriate agency" means one of the following agencies:
    32    §  39. Paragraph b of subdivision 4 of section 6503-a of the education
    33  law, as added by chapter 130 of the laws of 2010, is amended to read  as
    34  follows:
    35    b.  any  entity  operated by a New York state or federal agency, poli-
    36  tical subdivision, municipal corporation, or local government agency  or
    37  unit  pursuant to authority granted by law, including but not limited to
    38  any entity operated by the office  of  mental  health,  the  office  [of
    39  mental  retardation  and] for people with developmental disabilities, or
    40  the office of alcoholism and substance  abuse  services  under  articles
    41  seven, thirteen, and nineteen of the mental hygiene law, respectively.
    42    §  40.  Paragraph  a of subdivision 3 of section 6507 of the education
    43  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    44  as follows:
    45    a. Establish standards for preprofessional and professional education,
    46  experience and licensing examinations as required to implement the arti-
    47  cle for each profession. Notwithstanding any other provision of law, the
    48  commissioner shall establish standards requiring that all persons apply-
    49  ing,  on or after January first, nineteen hundred ninety-one, initially,
    50  or for the renewal of, a license, registration or limited permit to be a
    51  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    52  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    53  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    54  licensed  marriage  and family therapist, licensed mental health counse-
    55  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    56  analyst,  or  certified behavior analyst assistant shall, in addition to
        A. 7490--A                         17
 
     1  all the other licensure,  certification  or  permit  requirements,  have
     2  completed  two hours of coursework or training regarding the identifica-
     3  tion and reporting of child abuse and maltreatment.  The  coursework  or
     4  training  shall  be  obtained  from an institution or provider which has
     5  been approved by the department to provide such coursework or  training.
     6  The coursework or training shall include information regarding the phys-
     7  ical  and  behavioral indicators of child abuse and maltreatment and the
     8  statutory reporting requirements set out in sections four hundred  thir-
     9  teen  through  four hundred twenty of the social services law, including
    10  but not limited to, when and how a  report  must  be  made,  what  other
    11  actions  the  reporter  is  mandated  or  authorized  to take, the legal
    12  protections afforded reporters, and  the  consequences  for  failing  to
    13  report. Such coursework or training may also include information regard-
    14  ing  the  physical and behavioral indicators of the abuse of individuals
    15  with mental retardation and other developmental disabilities and  volun-
    16  tary  reporting  of  abused or neglected adults to the office [of mental
    17  retardation and] for people with developmental disabilities or the local
    18  adult protective services unit. Each applicant shall provide the depart-
    19  ment with documentation  showing  that  he  or  she  has  completed  the
    20  required  training.  The  department shall provide an exemption from the
    21  child abuse and maltreatment training requirements to any applicant  who
    22  requests  such an exemption and who shows, to the department's satisfac-
    23  tion, that there would be no need because of the nature of  his  or  her
    24  practice for him or her to complete such training;
    25    §  41.  Subdivision b of section 6738 of the education law, as amended
    26  by chapter 532 of the laws of 1999, is amended to read as follows:
    27    b. Notwithstanding the provisions of subdivision a  of  this  section,
    28  supervision  of  a  physical  therapist assistant by a licensed physical
    29  therapist, (i) in a residential health  care  facility,  as  defined  in
    30  article  twenty-eight of the public health law, (ii) in a diagnostic and
    31  treatment center licensed  under  article  twenty-eight  of  the  public
    32  health law that provides, as its principal mission, services to individ-
    33  uals with developmental disabilities, (iii) in a facility, as defined in
    34  section  1.03  of  the  mental  hygiene  law,  or (iv) under a monitored
    35  program of the office [of mental retardation and] for people with devel-
    36  opmental disabilities as defined in subdivision (a) of section 13.15  of
    37  the  mental hygiene law, shall be continuous but not necessarily on site
    38  when the supervising physical therapist has determined,  through  evalu-
    39  ation,  the  setting of goals and the establishment of a treatment plan,
    40  that the program is one of maintenance  as  defined  pursuant  to  title
    41  XVIII  of the federal social security act. The provisions of this subdi-
    42  vision shall not apply to the provision  of  physical  therapy  services
    43  when the condition requires multiple adjustments of sequences and proce-
    44  dures  due  to  rapidly changing physiological status and/or response to
    45  treatment, or to children under five years of age.
    46    § 42. Paragraph 1 of subdivision a of section 89-t of  the  retirement
    47  and social security law, as added by chapter 657 of the laws of 1998, is
    48  amended to read as follows:
    49    1.  "Qualifying  member"  shall mean any member who is in service as a
    50  safety officer under the jurisdiction of the office of mental health  or
    51  the  office  [of  mental  retardation and] for people with developmental
    52  disabilities, an institutional safety officer, or  a  special  policeman
    53  designated by the director of a state hospital.
    54    §  43.  Subdivision  (e)  of section 17 of the social services law, as
    55  added by chapter 515 of the laws of 1992, is amended to read as follows:
        A. 7490--A                         18
 
     1    (e) work cooperatively with the commissioner of the office  of  mental
     2  health  and  the  commissioner of the office [of mental retardation and]
     3  for people with developmental disabilities to assist the commissioner of
     4  education in furnishing integrated employment  services  to  individuals
     5  with  severe  disabilities,  including  the development of an integrated
     6  employment implementation plan pursuant to  article  twenty-one  of  the
     7  education law;
     8    §  44.  Paragraph  (h)  of  subdivision  3 of section 34 of the social
     9  services law, as added by chapter 600 of the laws of 1994, is amended to
    10  read as follows:
    11    (h) in consultation with the department of education,  the  department
    12  of  health,  the  division  for youth, the office [of mental retardation
    13  and] for people with developmental disabilities and the office of mental
    14  health, establish guidelines for the acceptance by social services offi-
    15  cials of notices that children in foster care are at risk of educational
    16  placements, as provided for in  subparagraph  four  of  paragraph  b  of
    17  subdivision  one of section forty-four hundred two of the education law.
    18  Such guidelines shall be designed to assure  that  the  social  services
    19  district  receiving  such a notice inquire into the educational needs of
    20  the child and the circumstances of the foster  care  placement,  and  to
    21  assure  that the social services district responds as appropriate to any
    22  request by a committee  on  special  education  to  participate  in  the
    23  proceedings of the committee;
    24    §  45.  The  opening  paragraph  of  paragraph (c) of subdivision 1 of
    25  section 122 of the social services law, as amended by chapter 214 of the
    26  laws of 1998, is amended to read as follows:
    27    The following persons, not described in paragraph (a) or (b)  of  this
    28  subdivision,  shall,  if  otherwise eligible, be eligible for safety net
    29  assistance and medical assistance, except that medical assistance  shall
    30  be limited to care and services (not including care and services related
    31  to  an  organ  transplant  procedure)  necessary for the treatment of an
    32  emergency medical condition as that term is defined in section  1903  of
    33  the  federal  social  security  act  unless  and until federal financial
    34  participation is available for the costs of providing medical assistance
    35  provided, however, that any such  person  who,  on  the  fourth  day  of
    36  August,  nineteen  hundred  ninety-seven  was  residing in a residential
    37  health care facility licensed by the department of health or in a  resi-
    38  dential  facility  licensed,  operated or funded by the office of mental
    39  health or the office [of mental retardation and] for people with  devel-
    40  opmental  disabilities,  and  was  in  receipt  of  a medical assistance
    41  authorization based on a finding that he or she was a person permanently
    42  residing in the United States under color of  law  shall,  if  otherwise
    43  eligible, be eligible for medical assistance and provided, further, that
    44  any such person who, on the fourth day of August, nineteen hundred nine-
    45  ty-seven, was diagnosed as having AIDS, as defined in subdivision one of
    46  section  two thousand seven hundred eighty of the public health law, and
    47  was in receipt of medical assistance  authorization  pursuant  to  title
    48  eleven of article five of this chapter based on a finding that he or she
    49  was  a  person  permanently residing in the United States under color of
    50  law shall, if otherwise eligible, be eligible for medical assistance:
    51    § 46. Subdivision 1 of section 138-a of the social  services  law,  as
    52  amended  by  chapter  791  of  the  laws  of 1983, is amended to read as
    53  follows:
    54    1. Any inconsistent provision of this chapter or  other  law  notwith-
    55  standing,  the  department  shall  be  responsible for furnishing public
    56  assistance and care to mentally disabled persons residing in family care
        A. 7490--A                         19
 
     1  homes licensed by the office of mental health or the office  [of  mental
     2  retardation  and]  for  people  with  developmental disabilities who are
     3  admitted to such facilities in accordance with regulations of the office
     4  which licenses the facility. However, the department may, at its option,
     5  discharge  such  responsibility,  in  whole  or  in part, through social
     6  services districts designated to act as agents of the department.  While
     7  so  designated,  a  social  services  district shall act as agent of the
     8  department and shall be entitled to reimbursement as provided in section
     9  one hundred fifty-three of this chapter.
    10    § 47. Subdivision 2-a and paragraph (e) of subdivision  3  of  section
    11  209  of  the  social services law, subdivision 2-a as amended by chapter
    12  450 of the laws of 1987 and paragraph (e) of subdivision 3 as amended by
    13  section 48 of part C of chapter 58 of the laws of 2005, are  amended  to
    14  read as follows:
    15    2-a.  Notwithstanding  any inconsistent provision of subparagraph (ii)
    16  of paragraph (d) of subdivision one of this section, an  individual  who
    17  is  receiving  or  is  eligible to receive federal supplemental security
    18  income payments and/or additional state payments and who is  a  resident
    19  of a residential health care facility as defined by section twenty-eight
    20  hundred  one  of  the public health law, shall, in accordance with regu-
    21  lations of the department, be entitled to a state payment  for  personal
    22  needs  in the amount of fifteen dollars a month, provided, however, that
    23  on or after January  first,  nineteen  hundred  eighty-eight  the  state
    24  payment  for  personal  needs for such persons shall be in the amount of
    25  twenty-five dollars a month. Notwithstanding any inconsistent  provision
    26  of  subparagraph  (ii)  of  paragraph  (d)  of  subdivision  one of this
    27  section, on or after January first,  nineteen  hundred  eighty-eight,  a
    28  resident  of an intermediate care facility operated or issued an operat-
    29  ing certificate by the office [of mental  retardation  and]  for  people
    30  with  developmental  disabilities or a patient of a hospital operated by
    31  the office of mental health as defined in  subdivision  ten  of  section
    32  1.03  of  the  mental  hygiene  law  who  is receiving or is eligible to
    33  receive supplemental security income payments  and/or  additional  state
    34  payments  shall receive a state payment for personal needs in the amount
    35  of five dollars a month. The  department  is  authorized  to  promulgate
    36  necessary  regulations to provide for the time and manner for payment of
    37  such personal allowance to such individuals.
    38    (e) "Receiving enhanced residential care" shall  mean  residing  in  a
    39  privately  operated school for the mentally retarded and developmentally
    40  disabled which is certified by the office [of  mental  retardation  and]
    41  for  people  with developmental disabilities of the department of mental
    42  hygiene, in accordance with applicable provisions of law and regulations
    43  or an adult home, or enriched housing program certified by  the  depart-
    44  ment  of health in accordance with applicable law, rules and regulations
    45  to the extent permitted by federal law and regulations.
    46    § 48. Paragraph (l) of subdivision 1 of section 364-j  of  the  social
    47  services  law, as amended by chapter 649 of the laws of 1996, is amended
    48  to read as follows:
    49    (l) "Responsible special care  agency".  Whichever  of  the  following
    50  state  agencies has responsibility for the special care in question: the
    51  department of health, the office of mental health, the office [of mental
    52  retardation and] for people  with  developmental  disabilities,  or  the
    53  office of alcoholism and substance abuse services.
    54    §  49.  Paragraph  (a) of subdivision 9 of section 365-a of the social
    55  services law, as added by section 14 of part B of  chapter  109  of  the
    56  laws of 2010, is amended to read as follows:
        A. 7490--A                         20
 
     1    (a) Notwithstanding any inconsistent provision of law, any utilization
     2  controls  on occupational therapy or physical therapy, including but not
     3  limited to, prior approval of services, utilization thresholds or  other
     4  limitations  imposed  on  such therapy services in relation to a chronic
     5  condition  in clinics certified under article twenty-eight of the public
     6  health law or article sixteen of the mental hygiene law  shall  be:  (i)
     7  developed by the department of health in concurrence with the office [of
     8  mental  retardation and] for people with developmental disabilities; and
     9  (ii) in accord with nationally recognized professional standards. In the
    10  event that nationally recognized professional standards  do  not  exist,
    11  such  thresholds  shall  be based upon the reasonably recognized profes-
    12  sional standards of those with a specific expertise in treating individ-
    13  uals served by clinics  certified  under  article  twenty-eight  of  the
    14  public health law or article sixteen of the mental hygiene law.
    15    §  50.  Clauses  (i)  and  (ii) of subparagraph 10 of paragraph (a) of
    16  subdivision 2, clause (ix) of paragraph b and paragraphs d, e, f, g,  i,
    17  k,  l  and m of subdivision 7 of section 366 of the social services law,
    18  clause (i) of subparagraph 10 of paragraph (a), as added by chapter  705
    19  of the laws of 1988, clause (ii) of subparagraph 10 of paragraph (a), as
    20  amended  by  chapter 855 of the laws of 1990, clause (ix) of paragraph b
    21  and paragraphs d, e, f, g, i, k, l and m of subdivision 7 as amended  by
    22  chapter 324 of the laws of 2004, are amended to read as follows:
    23    (i)  A  person  who  is  receiving  or  is eligible to receive federal
    24  supplemental security income payments and/or additional  state  payments
    25  is entitled to a personal needs allowance as follows:
    26    (A)  for  the  personal expenses of a resident of a residential health
    27  care facility, as defined by section twenty-eight  hundred  one  of  the
    28  public health law, the amount of fifty-five dollars per month;
    29    (B)  for  the  personal expenses of a resident of an intermediate care
    30  facility operated or licensed by the office [of mental retardation  and]
    31  for  people  with  developmental disabilities or a patient of a hospital
    32  operated by the office of mental health, as defined by  subdivision  ten
    33  of  section  1.03  of  the mental hygiene law, the amount of thirty-five
    34  dollars per month.
    35    (ii) A person who neither receives nor is eligible to receive  federal
    36  supplemental  security  income payments and/or additional state payments
    37  is entitled to a personal needs allowance as follows:
    38    (A) for the personal expenses of a resident of  a  residential  health
    39  care  facility,  as  defined  by section twenty-eight hundred one of the
    40  public health law, the amount of fifty dollars per month;
    41    (B) for the personal expenses of a resident of  an  intermediate  care
    42  facility  operated or licensed by the office [of mental retardation and]
    43  for people with developmental disabilities or a patient  of  a  hospital
    44  operated  by  the office of mental health, as defined by subdivision ten
    45  of section 1.03 of the mental hygiene law,  the  amount  of  thirty-five
    46  dollars per month.
    47    (ix) meet such other criteria as may be established by the commission-
    48  er  of  health, in conjunction with the commissioner of [mental retarda-
    49  tion and] the office for people with developmental disabilities, as  may
    50  be  necessary  to  administer  the  provisions of this subdivision in an
    51  equitable manner, including those criteria established pursuant to para-
    52  graph d of this subdivision.
    53    d. The commissioner of health, in conjunction with the commissioner of
    54  [mental retardation and] the office for people with developmental  disa-
    55  bilities, shall establish selection criteria to ensure that participants
    56  are  those  who  are  most  in  need and reflect an equitable geographic
        A. 7490--A                         21
 
     1  distribution. Such selection criteria shall include, but not be  limited
     2  to,  the  imminent  risk  of  institutionalization, the financial burden
     3  imposed upon the family as a result of the child's  health  care  needs,
     4  and  the  level  of  stress within the family unit due to the unrelieved
     5  burden of caring for the child at home.
     6    e. Social services districts, in  consultation  with  the  office  [of
     7  mental  retardation  and]  for  people  with developmental disabilities,
     8  shall  assess  the  eligibility  of  persons  in  accordance  with   the
     9  provisions  of paragraph b of this subdivision, as well as the selection
    10  criteria established by the commissioner of health and the  commissioner
    11  of  [mental  retardation  and]  the office for people with developmental
    12  disabilities as required by paragraph d of this subdivision.
    13    f. The commissioner of health, in conjunction with the commissioner of
    14  [mental retardation and] the office for people with developmental  disa-
    15  bilities,  shall  designate persons to assess the eligibility of persons
    16  under consideration for participation in  the  waiver  program.  Persons
    17  designated  by  such commissioners may include the person's physician, a
    18  representative of the social services district,  representative  of  the
    19  appropriate  developmental  disabilities  services office and such other
    20  persons as the commissioners  deem  appropriate.  The  assessment  shall
    21  include,  but  need  not  be  limited  to,  an evaluation of the health,
    22  psycho-social, developmental, habilitation and  environmental  needs  of
    23  the  person  and  shall  serve  as  the  basis  for  the development and
    24  provision of an appropriate plan of care for such person.
    25    g. Prior to a person's participation in the waiver program, the office
    26  [of mental retardation and] for people with  developmental  disabilities
    27  shall undertake or arrange for the development of a written plan of care
    28  for  the  provision of services consistent with the level of care deter-
    29  mined by the assessment, in accordance with criteria established by  the
    30  commissioner of health, in consultation with the commissioner of [mental
    31  retardation  and] the office for people with developmental disabilities.
    32  Such plan of care shall be reviewed by such commissioners prior  to  the
    33  provision of services pursuant to the waiver program.
    34    i.  The  office  [of  mental retardation and] for people with develop-
    35  mental disabilities shall designate who may provide the home and  commu-
    36  nity-based  services  identified  in  paragraph  h  of this subdivision,
    37  subject to the approval of the commissioner of health.
    38    k. Before a person may participate in the waiver program specified  in
    39  paragraph  a of this subdivision, the office [of mental retardation and]
    40  for people with developmental disabilities shall determine that there is
    41  a reasonable expectation that the annual medical assistance expenditures
    42  for such person under the waiver would not exceed the  expenditures  for
    43  care  in  an intermediate care facility for the developmentally disabled
    44  that would have been made had the waiver not been granted.
    45    l. The commissioner of health, in conjunction with the commissioner of
    46  [mental retardation and] the office for people with developmental  disa-
    47  bilities, shall review the plans of care and expenditure estimates prior
    48  to the participation of any person in the waiver program.
    49    m.  Within one year of federal waiver approval, and on an annual basis
    50  thereafter, until such time as the waiver program is fully  implemented,
    51  the  commissioner  of  health,  in  conjunction with the commissioner of
    52  [mental retardation and] the office for people with developmental  disa-
    53  bilities, shall report on the status of the waiver program to the gover-
    54  nor  and  the legislature. Such report shall specify the number of chil-
    55  dren participating in the waiver program, the geographic distribution of
    56  those so participating, health profiles, service  costs  and  length  of
        A. 7490--A                         22
 
     1  time  the  children  have participated in the waiver program. The report
     2  shall also provide follow-up information on children who have  withdrawn
     3  from  the  waiver  program, including data on residential program place-
     4  ments.
     5    §  51.  The closing paragraph of subdivision 4 of section 366-c of the
     6  social services law, as amended by section 42 of part D of chapter 58 of
     7  the laws of 2009, is amended to read as follows:
     8  provided, however, that, to the extent  required  by  federal  law,  the
     9  terms  of  this subdivision shall not apply to persons who are receiving
    10  care, services and supplies pursuant  to  the  following  waivers  under
    11  section 1915(c) of the federal social security act: the nursing facility
    12  transition and diversion waiver authorized pursuant to subdivision six-a
    13  of  section  three  hundred sixty-six of this title; the traumatic brain
    14  injury waiver authorized pursuant to section twenty-seven hundred  forty
    15  of  the public health law, the long term home health care program waiver
    16  authorized pursuant to  section  three  hundred  sixty-seven-c  of  this
    17  title, and the home and community based services waiver for persons with
    18  developmental  disabilities administered by the office [of mental retar-
    19  dation and] for people with developmental disabilities  pursuant  to  an
    20  agreement with the federal centers for medicare and Medicaid services.
    21    §  52. Subparagraph (iii) of paragraph (b) of subdivision 6 of section
    22  367-a of the social services law, as amended by section 15 of part B  of
    23  chapter 57 of the laws of 2015, is amended to read as follows:
    24    (iii)  individuals  who  are inpatients in a medical facility who have
    25  been required to spend all of their  income  for  medical  care,  except
    26  their  personal needs allowance or residents of community based residen-
    27  tial facilities licensed by the office of mental health  or  the  office
    28  [of  mental  retardation and] for people with developmental disabilities
    29  who have been required to  spend  all  of  their  income,  except  their
    30  personal needs allowance;
    31    §  53.  Paragraph  (h) of subdivision 1 of section 368-a of the social
    32  services law, as amended by section 22 of part H of chapter 686  of  the
    33  laws of 2003, is amended to read as follows:
    34    (h)  (i)  Beginning  January  first, nineteen hundred eighty-four, one
    35  hundred per centum of the amount expended  for  medical  assistance  for
    36  those  individuals  who  are  eligible pursuant to section three hundred
    37  sixty-six of this article as a result of a mental disability  as  deter-
    38  mined  by  the commissioner in consultation with the commissioner of the
    39  office of mental health and the commissioner of the  office  [of  mental
    40  retardation and] for people with developmental disabilities and with the
    41  approval  of  the director of the budget after first deducting therefrom
    42  any federal funds properly received or to be received on account  there-
    43  of.
    44    (ii)  Notwithstanding  any  other provision of law to the contrary, on
    45  and after the effective date of this  subparagraph,  the  department  of
    46  health  shall make no further recovery or recoupment of monies that were
    47  advanced to local social services  districts,  during  the  period  from
    48  April  first,  nineteen hundred ninety-two to the effective date of this
    49  subparagraph, to cover the medical assistance  costs  pursuant  to  this
    50  paragraph  for  rehabilitative services for residents of community resi-
    51  dences licensed or operated by the office of mental health or for office
    52  [of mental retardation and] for people with  developmental  disabilities
    53  home and community based waiver services.
    54    §  54. Subclause 2 of clause (c) of subparagraph (ii) of paragraph (a)
    55  of subdivision 1 of section 390 of the social services law, as added  by
    56  chapter 750 of the laws of 1990, is amended to read as follows:
        A. 7490--A                         23
 
     1    (2)  providing  day treatment under an operating certificate issued by
     2  the office of mental health or office [of mental  retardation  and]  for
     3  people with developmental disabilities; or
     4    §  55.  Paragraph  (c) of subdivision 13 and subdivision 14 of section
     5  398 of the social services law, paragraph (c) of subdivision 13 as added
     6  by chapter 544 of the laws of 1982, subdivision 14 as added  by  chapter
     7  570  of the laws of 1983, paragraph (a) as amended by chapter 387 of the
     8  laws of 1999 and such subdivisions as renumbered by chapter 419  of  the
     9  laws of 1987, are amended to read as follows:
    10    (c)  When a child's report is submitted to the council on children and
    11  families pursuant to this subdivision, the council shall cooperate  with
    12  adult  service providers, such as the department of social services, the
    13  office [of mental retardation] for people with and  developmental  disa-
    14  bilities, the office of mental health and the office of vocational reha-
    15  bilitation of the education department in planning and coordinating such
    16  child's  return  to New York state for adult services. The council shall
    17  arrange with the appropriate state  agency  for  the  development  of  a
    18  recommendation  of all appropriate in-state programs operated, licensed,
    19  certified or authorized by such agency and which may be  available  when
    20  such  child  attains  the  age of twenty-one. Such recommendation of all
    21  programs shall be made available to the parent or guardian of such child
    22  at least six months before such child attains the age of twenty-one. All
    23  records, reports and information received, compiled or maintained by the
    24  council pursuant to this subdivision shall be subject to  the  confiden-
    25  tiality requirements of the department.
    26    14.    (a)  In  the case of a child who is developmentally disabled as
    27  such term is  defined  in  section  1.03  of  the  mental  hygiene  law,
    28  emotionally  disturbed  or  physically  handicapped and who is receiving
    29  care in a group home, agency boarding home, or any child  care  facility
    30  operated  by  an  authorized  agency with a capacity of thirteen or more
    31  children, who attains the age of eighteen and who will continue in  such
    32  care  after the age of eighteen, or who is placed in such care after the
    33  age of eighteen, the social services official shall notify the parent or
    34  guardian of such child that such care will  terminate  when  such  child
    35  attains  the age of twenty-one provided, however, that any such child in
    36  receipt of educational services and under the  care  and  custody  of  a
    37  local  department  of  social services who reaches the age of twenty-one
    38  during the period commencing on the first day of September and ending on
    39  the thirtieth day of June shall be entitled to continue in such  program
    40  until  the  thirtieth day of June or until the termination of the school
    41  year, whichever shall first occur. Such notice shall be in  writing  and
    42  shall  describe  in  detail  the  parent's  or guardian's opportunity to
    43  consent to having such child's name and other information forwarded in a
    44  report to the commissioner of mental  health,  commissioner  of  [mental
    45  retardation  and] the office for people with developmental disabilities,
    46  commissioner of education or commissioner of the office of children  and
    47  family services or their designees for the purpose of determining wheth-
    48  er such child will likely need services after the age of twenty-one and,
    49  if so, recommending possible adult services.
    50    (b)  Upon  the written consent of the parent or guardian, and notwith-
    51  standing section three hundred seventy-two of this article,  the  social
    52  services  official  shall  submit a report on such child's possible need
    53  for services after age twenty-one to the commissioner of mental  health,
    54  commissioner  of  [mental  retardation  and]  the office for people with
    55  developmental disabilities, commissioner of social services  or  commis-
    56  sioner  of  education or their designees for the development of a recom-
        A. 7490--A                         24
 
     1  mendation pursuant to section 7.37 or 13.37 of the mental  hygiene  law,
     2  section three hundred ninety-eight-c of this [article] title or subdivi-
     3  sion  ten  of  section four thousand four hundred three of the education
     4  law.  The  social  services  official shall determine which commissioner
     5  shall receive the report by considering the child's handicapping  condi-
     6  tion.  If  the  social  services official determines that the child will
     7  need adult services from the department and such social  services  offi-
     8  cial  is  the  commissioner's  designee pursuant to this subdivision and
     9  section three hundred  ninety-eight-c  of  this  [article]  title,  such
    10  social services official shall perform the services described in section
    11  three hundred ninety-eight-c of this [article] title.
    12    (c) A copy of such report shall also be submitted to the department at
    13  the  same  time  that  such  report  is submitted to the commissioner of
    14  mental health, commissioner of [mental retardation and] the  office  for
    15  people  with  developmental disabilities or commissioner of education or
    16  their designees.
    17    (d) When the social services official is notified by the  commissioner
    18  who  received  the  report that such state agency is not responsible for
    19  determining and recommending adult services for the  child,  the  social
    20  services  official shall forward the report to another commissioner; or,
    21  if the social services official determines that there exists  a  dispute
    22  between  state  agencies as to which state agency has the responsibility
    23  for determining and recommending adult  services,  the  social  services
    24  official  may forward the report to the council on children and families
    25  for a resolution of such dispute.
    26    (e) The social services official shall prepare and  submit  an  annual
    27  report  to the department on October first, nineteen hundred eighty-four
    28  and thereafter on or before October first  of  each  year.  Such  annual
    29  report  shall contain the number of cases submitted to each commissioner
    30  pursuant to paragraph (b) of this subdivision, the type and severity  of
    31  the  handicapping  condition  of  each  such case, the number of notices
    32  received which deny  responsibility  for  determining  and  recommending
    33  adult  services,  and other information necessary for the department and
    34  the council on children and families  to  monitor  the  need  for  adult
    35  services,  but shall not contain personally identifying information. The
    36  department shall forward copies of such annual reports to the council on
    37  children and families. All information received by the council on  chil-
    38  dren  and  families  pursuant  to this paragraph shall be subject to the
    39  confidentiality requirements of the department.
    40    § 56. Subdivision 1 of section 463 of  the  social  services  law,  as
    41  amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
    42  follows:
    43    1. "Community residential facility" means  any  facility  operated  or
    44  subject  to licensure by the state which provides a supervised residence
    45  for mentally, emotionally, physically, or socially disabled  persons  or
    46  for  persons  in  need of supervision or juvenile delinquents. This term
    47  includes, but is not limited to, community residences for  the  mentally
    48  disabled operated or licensed by the offices of mental health or [mental
    49  retardation and] office for people with developmental disabilities or by
    50  the  divisions  of  the office of alcoholism and substance abuse, agency
    51  operated boarding homes, group homes or private  proprietary  homes  for
    52  adults  operated or licensed by the department of social services, group
    53  homes operated by, contracted for or licensed by the division for  youth
    54  and  half-way  houses  operated or licensed by the division of substance
    55  abuse services.
        A. 7490--A                         25
 
     1    § 57. Section 466-a of the social services law, as amended by  chapter
     2  405 of the laws of 1998, is amended to read as follows:
     3    §  466-a.  Agreements.  The department shall enter into memorandums of
     4  understanding with the office of mental health and the office [of mental
     5  retardation and] for people with developmental disabilities.  The  memo-
     6  randums  with  the  office  [of  mental retardation and] for people with
     7  developmental disabilities and the office of mental health shall facili-
     8  tate access by those offices to child care facilities providing  transi-
     9  tional  care  to  young  adults as may be necessary for those offices to
    10  meet their responsibilities for monitoring the care of the young adults.
    11    § 58. Subdivision 1 of section 483 of  the  social  services  law,  as
    12  amended  by  section  62 of part A of chapter 56 of the laws of 2010, is
    13  amended to read as follows:
    14    1. There shall be a council on children and families established with-
    15  in the office of children and family services consisting of the  follow-
    16  ing members: the state commissioner of children and family services, the
    17  commissioner of temporary and disability assistance, the commissioner of
    18  mental  health,  the commissioner of [mental retardation and] the office
    19  for people with developmental  disabilities,  the  commissioner  of  the
    20  office  of  alcoholism and substance abuse services, the commissioner of
    21  education, the director of the  office  of  probation  and  correctional
    22  alternatives,  the commissioner of health, the commissioner of the divi-
    23  sion of criminal justice services, the state advocate for  persons  with
    24  disabilities, the director of the office for the aging, the commissioner
    25  of  labor,  and  the  chair of the commission on quality of care for the
    26  mentally disabled. The governor shall designate the chair of the council
    27  and the chief executive officer (CEO).
    28    § 59. Subparagraph (i) of paragraph (a) of subdivision  3  of  section
    29  483-c  of the social services law, as amended by section 63 of part A of
    30  chapter 56 of the laws of 2010, is amended to read as follows:
    31    (i) State tier III team. There is  hereby  established  a  state  team
    32  designated  as  the "tier III team", which shall consist of the chair of
    33  the council, the commissioners of children and family  services,  mental
    34  health,  health,  education,  alcohol  and substance abuse services, and
    35  [mental retardation and] the office for people with developmental  disa-
    36  bilities,  and  the director of the office of probation and correctional
    37  alternatives, or their designated representatives,  and  representatives
    38  of  families  of  children  with  emotional and/or behavioral disorders.
    39  Other representatives may be added at the discretion of such team.
    40    § 60. Subdivision 1 of section 483-d of the social  services  law,  as
    41  amended  by  section  18 of part A of chapter 56 of the laws of 2010, is
    42  amended to read as follows:
    43    1. Committee established.   There is  hereby  established  within  the
    44  council an out-of-state placement committee comprised of the commission-
    45  er  of  children and family services, the commissioner of mental health,
    46  the commissioner of [mental retardation and] the office for people  with
    47  developmental  disabilities,  the commissioner of education, the commis-
    48  sioner of alcoholism and substance abuse services, the  commissioner  of
    49  health,  and  the  director  of the office of probation and correctional
    50  alternatives.
    51    § 61. Subdivision 1 of section 483-e of the social  services  law,  as
    52  added by chapter 624 of the laws of 2006, is amended to read as follows:
    53    1. Committee established. There is hereby established within the coun-
    54  cil a restraint and crisis intervention technique committee comprised of
    55  the  commissioner  of  children and family services, the commissioner of
    56  mental health, the commissioner of [mental retardation and]  the  office
        A. 7490--A                         26
 
     1  for  people  with developmental disabilities, the commissioner of educa-
     2  tion and the commissioner of health.  The  committee  shall  include  at
     3  least  two  representatives of statewide and regional provider organiza-
     4  tions  that  represent providers of educational and residential services
     5  to children, at least two mental health professionals who provide direct
     6  care on a regular basis to children served by the program types provided
     7  in subdivision two of this section and at least  one  representative  of
     8  parents of children requiring special services.
     9    §  62.  Subdivision  1 of section 483-f of the social services law, as
    10  added by chapter 413 of the laws of 2009, is amended to read as follows:
    11    1. The council, in accordance with section 7.43 of the mental  hygiene
    12  law, shall assist the commissioner of mental health with the implementa-
    13  tion  of  the children's plan, developed pursuant to chapter six hundred
    14  sixty-seven of the laws of two thousand six. State  child-serving  agen-
    15  cies  involved  in the development of such plan shall assist, as needed,
    16  with such plan's implementation and such agencies shall sign off on  all
    17  future reports and plans. Such agencies shall include, but not be limit-
    18  ed  to,  the  office of mental health, the office [of mental retardation
    19  and] for people with developmental disabilities, the office of  alcohol-
    20  ism  and substance abuse services, the commission on quality of care and
    21  advocacy for persons with disabilities, the office of children and fami-
    22  ly services, the state education department, the department  of  health,
    23  and the department of probation and correctional alternatives.
    24    §  63.  Subdivision  (l)  of section 3 of the cooperative corporations
    25  law, as added by chapter 225 of the laws of 1987, is amended to read  as
    26  follows:
    27    (l) The  terms  "buying, selling or leasing homes for its members" and
    28  "conducting housing" shall include but not be limited to,  the  purposes
    29  and uses of residential facilities for the mentally disabled licensed by
    30  the  office  of  mental health or the office [of mental retardation and]
    31  for people with developmental disabilities.
    32    § 64. Subdivision 1 of section 206 of the elder law is amended to read
    33  as follows:
    34    1. The director is hereby  authorized  and  directed,  to  the  extent
    35  appropriations are available therefor, to develop, establish and operate
    36  training and technical assistance programs, including caregiver resource
    37  centers,  caregiver networks, and other support activities, for informal
    38  caregivers throughout the state for the purposes of assisting such care-
    39  givers and improving the quality of care provided to frail and  disabled
    40  persons. The director shall also make available and encourage the utili-
    41  zation  of  such training programs in consultation with the commissioner
    42  of health, the  commissioner  of  the  office  of  children  and  family
    43  services,  the  commissioner  of  mental health, and the commissioner of
    44  [mental retardation and] the office for people with developmental  disa-
    45  bilities.
    46    §  65. Subdivision 6 of section 622 of the correction law, as added by
    47  chapter 7 of the laws of 2007, is amended to read as follows:
    48    6. Staff of the office of mental health  and  the  office  [of  mental
    49  retardation  and]  for  people  with  developmental  disabilities may be
    50  consulted about the inmate's treatment needs and may assist in providing
    51  any additional treatment services determined to be clinically  appropri-
    52  ate  to  address the inmate's underlying mental abnormality or disorder.
    53  Such treatment services shall be provided using professionally  accepted
    54  treatment protocols.
    55    § 66. Subdivision 12 of section 2.10 of the criminal procedure law, as
    56  added by chapter 843 of the laws of 1980, is amended to read as follows:
        A. 7490--A                         27

     1    12. Special policemen designated by the commissioner and the directors
     2  of  in-patient  facilities  in  the  office of mental health pursuant to
     3  section 7.25 of the mental hygiene law, and special policemen designated
     4  by the commissioner and the directors of facilities under his  jurisdic-
     5  tion  in the office [of mental retardation and] for people with develop-
     6  mental disabilities pursuant to section 13.25 of the mental hygiene law;
     7  provided, however, that nothing in this subdivision shall be  deemed  to
     8  authorize  such  officers  to  carry,  possess,  repair  or dispose of a
     9  firearm unless the appropriate license therefor has been issued pursuant
    10  to section 400.00 of the penal law.
    11    § 67. Paragraphs (a), (b), and (d) of subdivision 1 of section  330.20
    12  of  the  criminal  procedure law, as added by chapter 548 of the laws of
    13  1980, are amended to read as follows:
    14    (a) "Commissioner" means the state commissioner of  mental  health  or
    15  the state commissioner of [mental retardation and] the office for people
    16  with developmental [disability] disabilities.
    17    (b)  "Secure  facility"  means  a  facility within the state office of
    18  mental health or the state office [of mental retardation and] for people
    19  with  developmental  disabilities  which  is  staffed   with   personnel
    20  adequately trained in security methods and is so equipped as to minimize
    21  the risk or danger of escapes, and which has been so specifically desig-
    22  nated by the commissioner.
    23    (d)  "Mentally  ill"  means  that a defendant currently suffers from a
    24  mental illness for which care and treatment as a patient, in the  in-pa-
    25  tient  services  of  a  psychiatric center under the jurisdiction of the
    26  state office of mental health, is essential to such defendant's  welfare
    27  and that his judgment is so impaired that he is unable to understand the
    28  need  for  such  care  and treatment; and, where a defendant is mentally
    29  retarded, the term "mentally ill" shall also mean, for purposes of  this
    30  section,  that the defendant is in need of care and treatment as a resi-
    31  dent in the in-patient services of a developmental center or other resi-
    32  dential facility for the mentally retarded and developmentally  disabled
    33  under  the  jurisdiction of the state office [of mental retardation and]
    34  for people with developmental disabilities.
    35    § 68. Section 725.15 of the criminal  procedure  law,  as  amended  by
    36  chapter 7 of the laws of 2007, is amended to read as follows:
    37  § 725.15 Sealing of records.
    38    Except  where  specifically  required  or permitted by statute or upon
    39  specific authorization of the court that directed removal of  an  action
    40  to  the family court all official records and papers of the action up to
    41  and including the order of removal, whether on file with  the  court,  a
    42  police  agency  or the division of criminal justice services, are confi-
    43  dential and must not be made  available  to  any  person  or  public  or
    44  private agency, provided however that availability of copies of any such
    45  records  and  papers  on file with the family court shall be governed by
    46  provisions that apply to family court records, and further provided that
    47  all official records and papers of the action shall be included in those
    48  records and reports that may be obtained upon request by the commission-
    49  er of mental health or commissioner  of  [mental  retardation  and]  the
    50  office  for  people with developmental disabilities, as appropriate; the
    51  case review panel; and the attorney general pursuant to section 10.05 of
    52  the mental hygiene law.
    53    § 69. Subdivisions 3 and 4 of section 730.10 of the criminal procedure
    54  law, as amended by chapter 440 of the laws of 1987, are amended to  read
    55  as follows:
        A. 7490--A                         28
 
     1    3. "Commissioner" means the state commissioner of mental health or the
     2  state  commissioner  of  [mental  retardation and] the office for people
     3  with developmental disabilities.
     4    4.  "Director"  means (a) the director of a state hospital operated by
     5  the office of mental health or the director of  a  developmental  center
     6  operated  by  the  office  [of  mental  retardation and] for people with
     7  developmental disabilities, or (b) the director of a  hospital  operated
     8  by  any  local  government  of  the state that has been certified by the
     9  commissioner as having adequate facilities to  examine  a  defendant  to
    10  determine  if  he  is  an  incapacitated  person, or (c) the director of
    11  community mental health services.
    12    § 70. Subdivision (a) of section 249 of the family court act, as sepa-
    13  rately amended by chapter 41 of the laws of 2010 and chapter  3  of  the
    14  laws of 2012, is amended to read as follows:
    15    (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
    16  this  act  or where a revocation of an adoption consent is opposed under
    17  section one hundred fifteen-b of the domestic relations law  or  in  any
    18  proceeding  under  section  three  hundred  fifty-eight-a, three hundred
    19  eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
    20  of the social services law or when a minor is sought  to  be  placed  in
    21  protective  custody  under  section one hundred fifty-eight of this act,
    22  the family court shall appoint an attorney to represent a minor  who  is
    23  the  subject  of the proceeding or who is sought to be placed in protec-
    24  tive custody, if independent legal representation is  not  available  to
    25  such  minor.  In any proceeding to extend or continue the placement of a
    26  juvenile delinquent or person in need of supervision pursuant to section
    27  seven hundred fifty-six or 353.3 of this act or any proceeding to extend
    28  or continue a commitment to the custody of the  commissioner  of  mental
    29  health  or  the  commissioner of [mental retardation and] the office for
    30  people with developmental disabilities pursuant to section 322.2 of this
    31  act, the court shall not permit the respondent to waive the right to  be
    32  represented by counsel chosen by the respondent, respondent's parent, or
    33  other  person  legally  responsible  for  the  respondent's  care, or by
    34  assigned counsel. In any proceeding under article ten-B of this act, the
    35  family court shall appoint an attorney to represent a youth,  under  the
    36  age  of twenty-one, who is the subject of the proceeding, if independent
    37  legal representation is not  available  to  such  youth.  In  any  other
    38  proceeding in which the court has jurisdiction, the court may appoint an
    39  attorney  to  represent  the  child,  when, in the opinion of the family
    40  court judge, such representation will serve the purposes of this act, if
    41  independent legal counsel is not available  to  the  child.  The  family
    42  court on its own motion may make such appointment.
    43    §  71.  Subdivisions  2-a and 2-b of section 3 of section 1 of chapter
    44  359 of the laws of 1968, constituting the facilities development  corpo-
    45  ration  act, as added by chapter 547 of the laws of 1979, are amended to
    46  read as follows:
    47    2-a. "Department" means the  department  of  mental  hygiene  and  the
    48  offices of mental health, [mental retardation and developmental disabil-
    49  ities] and alcoholism and substance abuse and the office for people with
    50  developmental disabilities of such department.
    51    2-b.  "Commissioner"  means  the  commissioner  of  mental health, the
    52  commissioner of [mental retardation and]  the  office  for  people  with
    53  developmental  disabilities,  the director of the division of alcoholism
    54  and alcohol abuse and the director of the division of substance abuse.
    55    § 72. Subdivision 13-f of section 5 of section 1 of chapter 359 of the
    56  laws of 1968, constituting the facilities development  corporation  act,
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     1  as  added  by  chapter  90  of  the  laws of 1989, is amended to read as
     2  follows:
     3    13-f. The executive director of the facilities development corporation
     4  is authorized and empowered to enter into and implement agreements under
     5  which  the  facilities development corporation may designate the commis-
     6  sioner of the office of mental health, the commissioner  of  the  office
     7  [of  mental retardation and] for people with developmental disabilities,
     8  the director of the division of substance abuse services, or the  direc-
     9  tor  of  the  division  of alcoholism and alcohol abuse, with respect to
    10  their respective facilities, as agents for  the  facilities  development
    11  corporation with respect to the financing of voluntary provider not-for-
    12  profit  community  development,  and  under which such commissioners and
    13  directors may act as its agent, with respect to any and all  duties  for
    14  such corporation as set forth and contained in this act. The commission-
    15  ers,  the  directors,  and  the executive director shall enter into such
    16  agreements, subject to the approval of the director of the budget, which
    17  delineate the respective duties of each party  when  such  commissioners
    18  and directors are designated agents of such corporation.
    19    §  73. Subdivision 6 of section 5-a of section 1 of chapter 392 of the
    20  laws of 1973, constituting the medical care  facilities  finance  agency
    21  act,  as added by chapter 855 of the laws of 1986, is amended to read as
    22  follows:
    23    6. As used in this section or in connection with federally-aided mort-
    24  gage loan regarding residential facilities for the mentally retarded and
    25  developmentally disabled or the  mentally  disabled  or  for  the  care,
    26  treatment,  training and education of the mentally retarded and develop-
    27  mentally disabled or the mentally disabled the term "commissioner" shall
    28  also mean the commissioner of  mental  health  or  the  commissioner  of
    29  [mental  retardation and] the office for people with developmental disa-
    30  bilities.
    31    § 74. Subdivision cc of section 17-502 of the administrative  code  of
    32  the city of New York, as added by local law number 47 of the city of New
    33  York for the year 2002, is amended to read as follows:
    34    cc.  "Day treatment program" means a facility which is (i) licensed by
    35  the state department of health or the office of alcoholism and substance
    36  abuse services, the office of mental health, or the  office  [of  mental
    37  retardation  and]  for people with developmental disabilities within the
    38  state department of mental hygiene to provide treatment to  aid  in  the
    39  rehabilitation  or  recovery of its patients based on a structured envi-
    40  ronment requiring patient participation for no  less  than  three  hours
    41  each  day;  or  (ii)  which  is  authorized by the state commissioner of
    42  health to conduct a program pursuant to section 80.135 of title  ten  of
    43  the New York code of rules and regulations.
    44    § 75. This act shall take effect immediately; provided however:
    45    a.  the  amendments  to clause (c) of subparagraph 4 of paragraph b of
    46  subdivision 1 of section 4402 of the education law made by section thir-
    47  ty-seven of this act shall not affect the expiration  and  reversion  of
    48  such clause as provided by subdivision d of section 27 of chapter 378 of
    49  the  laws  of  2007,  as  amended, when upon such date the provisions of
    50  section thirty-eight of this act shall take effect;
    51    b. the amendments to paragraph (1) of subdivision 1 of  section  364-j
    52  of the social services law made by section forty-eight of this act shall
    53  not affect the repeal of such section and shall be deemed repealed ther-
    54  ewith;
    55    c.  the  amendments  to  subdivision  4 of section 366-c of the social
    56  services law made by section fifty-one of this act shall not affect  the
        A. 7490--A                         30
 
     1  expiration  of such subdivision and shall be deemed to expire therewith;
     2  and
     3    d.  section  seventy of this act shall take effect on the same date as
     4  the reversion of subdivision (a) of section 249 of the family court  act
     5  as provided in section 8 of chapter 29 of the laws of 2011, as amended.