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A09766 Summary:

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A09766 Floor Votes:

A09766 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9766--A
                                                                Cal. No. 884
 
                   IN ASSEMBLY
 
                                      May 21, 2014
                                       ___________
 
        Introduced by M. of A. GUNTHER, GOTTFRIED -- Multi-Sponsored by -- M. of
          A. RAIA -- read once and referred to the Committee on Mental Health --
          reported  from  committee,  advanced  to  a third reading, amended and
          ordered reprinted, retaining its place on the order of third reading
 

        AN ACT to amend the public health law, in relation to services for indi-
          viduals with developmental disabilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs (a) and (a-1) of subdivision 8 of section 4403
     2  of the public health law, as added by section 74 of part A of chapter 56
     3  of the laws of 2013, are amended to read as follows:
     4    (a) Such organization must have the ability to provide  or  coordinate
     5  services for persons with developmental disabilities, as demonstrated by
     6  criteria  to  be  determined by the commissioner and the commissioner of
     7  the office for people with  developmental  disabilities.  Such  criteria
     8  shall  include,  but not be limited to, adequate experience providing or

     9  coordinating services for  persons  with  developmental  disabilities[.]
    10  under  the  regulatory  oversight of the office for people with develop-
    11  mental disabilities;
    12    (a-1) If the commissioner and  the  commissioner  of  the  office  for
    13  people  with developmental disabilities determine that such organization
    14  lacks the experience required in paragraph (a) of this subdivision,  the
    15  organization  shall  have  an  affiliation arrangement with an entity or
    16  entities that are non-profit with experience serving persons with devel-
    17  opmental disabilities under the regulatory oversight of the  office  for
    18  people  with  developmental disabilities, including, but not limited to,
    19  residential, day, and employment services such that the affiliated enti-

    20  ty will  coordinate  and  plan  services  operated,  certified,  funded,
    21  authorized or approved by the office for people with developmental disa-
    22  bilities or will oversee and approve such coordination and planning;
    23    §  2.  Paragraphs (a) and (a-1) of subdivision 12 of section 4403-f of
    24  the public health law, as added by section 76 of part A of chapter 56 of
    25  the laws of 2013, are amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15107-08-4
        A. 9766--A                          2
 
     1    (a) Such plan must have the ability to provide or coordinate  services
     2  for  persons with developmental disabilities as demonstrated by criteria

     3  to be determined by the commissioner and the commissioner of the  office
     4  for people with developmental disabilities. Such criteria shall include,
     5  but  not  be  limited  to, adequate experience providing or coordinating
     6  services for persons with developmental disabilities under the regulato-
     7  ry oversight of the office for people with developmental disabilities;
     8    (a-1) If the commissioner and  the  commissioner  of  the  office  for
     9  people  with  developmental  disabilities determine that such plan lacks
    10  the experience required in paragraph (a) of this subdivision,  the  plan
    11  shall  have  an  affiliation arrangement with an entity or entities that
    12  are non-profit with experience serving persons with developmental  disa-
    13  bilities  under  the  regulatory oversight of the office for people with

    14  developmental disabilities, including, but not limited to,  residential,
    15  day  and employment services, such that the affiliated entity will coor-
    16  dinate and plan services  operated,  certified,  funded,  authorized  or
    17  approved  by  the  office  for people with developmental disabilities or
    18  will oversee and approve such coordination and planning;
    19    § 3. This act shall take effect immediately, provided,  however,  that
    20  the amendments to subdivision 8 of section 4403 of the public health law
    21  made  by  section  one  of  this act shall not affect the repeal of such
    22  subdivision and shall be deemed repealed  therewith;  provided,  further
    23  that  the  amendments  to subdivision 12 of section 4403-f of the public
    24  health law made by section two of this act shall not affect  the  repeal
    25  of such subdivision and such section and shall be deemed repealed there-

    26  with.