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A08424 Summary:

BILL NOA08424
 
SAME ASNo Same As
 
SPONSORTapia
 
COSPNSR
 
MLTSPNSR
 
Amd Ment Hyg L, generally; amd §1750-b, SCPA; amd §5-211, El L; amd §§32 & 2740, Pub Health L; amd §§425 & 483-f, Soc Serv L
 
Provides that members of the surrogate decision-making committee for medical care and treatment shall be appointed by the justice center for the protection of people with special needs; reassigns certain functions of the commission on quality of care for the mentally disabled to the justice center.
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A08424 Actions:

BILL NOA08424
 
05/15/2025referred to mental health
05/20/2025reported referred to rules
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A08424 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8424
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by  M.  of A. TAPIA -- (at request of the Justice Center for
          the Protection of People with Special Needs) -- read once and referred
          to the Committee on Mental Health
 
        AN ACT to amend the mental hygiene law and the surrogates  court  proce-
          dure  act,  in relation to the functions of the justice center for the
          protection of people  with  special  needs  (Part  A);  to  amend  the
          election  law  and the mental hygiene law, in relation to intra-agency
          reporting; to amend the  public  health  law,  in  relation  to  fraud
          control  and  making  technical  corrections;  and to amend the social
          services law, in relation to making technical corrections (Part B)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary for operations of the justice center  for  the  protection  of
     3  people  with  special needs. Each component is wholly contained within a
     4  Part identified as Parts A and B. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section two of this act sets forth the gener-
    11  al effective date of this act.
 
    12                                   Part A
 
    13    Section 1. Subdivision (b) of section 80.05 of the mental hygiene law,
    14  as amended by chapter 118 of the laws of 1995, is  amended  to  read  as
    15  follows:
    16    (b)  The members shall be appointed by the [commission] justice center
    17  for the protection of people with special needs ("justice center").  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10186-01-5

        A. 8424                             2
 
     1  [commission]  justice  center  shall designate one member of each of the
     2  committees to serve as chairperson, who shall serve at the  pleasure  of
     3  the  [commission]  justice center. [Members appointed as of July thirty-
     4  first,  nineteen  hundred  ninety shall serve for terms expiring on July
     5  thirty-first, nineteen hundred ninety-one.    Upon  expiration  of  such
     6  terms,  such  members may be appointed for terms of two years commencing
     7  on August first, nineteen hundred ninety-one.]  Any  additional  members
     8  [and members appointed due to vacancies] shall be appointed for terms of
     9  two  years  to serve at the pleasure of the justice center commencing on
    10  the date of completion of training by the [commission.  Members  may  be
    11  reappointed  for additional two year terms of office but] justice center
    12  and the provisions of section five of the public officers law shall  not
    13  apply  to such members. [The commission may assign a committee member to
    14  serve on an additional committee or committees as  deemed  necessary  or
    15  appropriate by the commission.]
    16    §  2.  Subdivision  (g) of section 80.03 of the mental hygiene law, as
    17  amended by section 11 of part H of chapter 58 of the laws  of  2005,  is
    18  amended to read as follows:
    19    (g) ["Commission" means the commission on quality of care and advocacy
    20  for  persons  with  disabilities.]  "Justice  Center"  means the justice
    21  center for the protection of people with special needs.
    22    § 3. Subdivisions (a), (d) and (e) of  section  80.05  of  the  mental
    23  hygiene  law,  subdivisions (a) and (d) as amended by chapter 619 of the
    24  laws of 1990, and subdivision (e) as amended by chapter 198 of the  laws
    25  of 2008, are amended to read as follows:
    26    (a)  Surrogate  decision-making  committees of at least twelve persons
    27  shall be established by the [commission] justice  center  in  geographic
    28  areas  of  the  state,  as may be designated by the [commission] justice
    29  center. [A committee designated  after  April  first,  nineteen  hundred
    30  eighty-eight  shall  not accept applications for review pursuant to this
    31  article until April  first,  nineteen  hundred  eighty-nine  and  within
    32  appropriations made therefor.]
    33    (d)  A  member  who has failed to attend three consecutive meetings of
    34  the committee or panel to which the member has been appointed  shall  be
    35  considered to have vacated [his or her] their office unless the [commis-
    36  sion] justice center determines that the absences should be excused. The
    37  members  shall be reimbursed for their actual and necessary expenses and
    38  shall be considered public officers for the purpose of  sections  seven-
    39  teen, nineteen and seventy-four of the public officers law.
    40    (e) The committees shall have available to them such staff and assist-
    41  ance  as  may be deemed necessary by the [commission] justice center. In
    42  providing for such staff and assistance, the [commission] justice center
    43  may enter into agreements with nonprofit  organizations,  including  but
    44  not  limited  to  community  dispute resolution centers authorized under
    45  article twenty-one-A of the judiciary law, and the staff of such  organ-
    46  izations in carrying out such functions shall be considered public offi-
    47  cers for the purpose of sections seventeen, nineteen and seventy-four of
    48  the  public  officers  law.  Provided, however, the [commission] justice
    49  center may not delegate pursuant to such agreements  responsibility  for
    50  the appointment of members to serve on surrogate decision-making commit-
    51  tees,  the  training  of  any  such members, the review of declarations,
    52  maintenance of the record of the hearing and original file, and  general
    53  oversight  of panel activities. Any information, books, records, or data
    54  which are confidential as provided for  by  law,  received  by  such  an
    55  organization  pursuant  to  an  agreement  with the [commission] justice
    56  center, shall be kept confidential by the organization, and any  limita-

        A. 8424                             3
 
     1  tions  on  the  further  release  thereof, imposed by law upon the party
     2  furnishing the information, books, records or data, shall apply  to  the
     3  organization.
     4    §  4.  Paragraph  (a) of subdivision 1 of section 1750-b of the surro-
     5  gates court procedure act, as amended by chapter  198  of  the  laws  of
     6  2016, is amended to read as follows:
     7    (a)  For  the  purposes  of  making a decision to withhold or withdraw
     8  life-sustaining treatment pursuant to this section, in  the  case  of  a
     9  person  for  whom  no  guardian  has  been appointed pursuant to section
    10  seventeen hundred fifty or seventeen hundred fifty-a of this article,  a
    11  "guardian"  shall  also  mean  a  family  member of a person who (i) has
    12  intellectual disability, or (ii)  has  a  developmental  disability,  as
    13  defined  in  section  1.03 of the mental hygiene law, which (A) includes
    14  intellectual disability, or (B)  results  in  a  similar  impairment  of
    15  general  intellectual  functioning  or  adaptive  behavior  so that such
    16  person is incapable of managing [himself or herself, and/or his or  her]
    17  themself  and/or their affairs by reason of such developmental disabili-
    18  ty. Qualified family members shall be included in a prioritized list  of
    19  said  family  members pursuant to regulations established by the commis-
    20  sioner of the office for people with  developmental  disabilities.  Such
    21  family  members  must  have  a  significant and ongoing involvement in a
    22  person's life so as to have sufficient knowledge  of  their  needs  and,
    23  when  reasonably  known or ascertainable, the person's wishes, including
    24  moral and religious beliefs. In the case of a person who was a  resident
    25  of  the  former  Willowbrook state school on March seventeenth, nineteen
    26  hundred seventy-two and those individuals who  were  in  community  care
    27  status  on  that  date  and  subsequently  returned  to Willowbrook or a
    28  related facility, who are fully represented  by  the  consumer  advisory
    29  board  and  who  have no guardians appointed pursuant to this article or
    30  have no qualified family members to make such a decision, then a "guard-
    31  ian" shall also mean the Willowbrook consumer advisory board. A decision
    32  of such family member or the  Willowbrook  consumer  advisory  board  to
    33  withhold  or  withdraw life-sustaining treatment shall be subject to all
    34  of the protections, procedures and safeguards which apply to  the  deci-
    35  sion  of  a  guardian  to withhold or withdraw life-sustaining treatment
    36  pursuant to this section.
    37    (a-1) In the case of a person for whom no guardian has been  appointed
    38  pursuant to this article or for whom there is no qualified family member
    39  or  the  Willowbrook  consumer  advisory  board available to make such a
    40  decision, a "guardian" shall also mean, notwithstanding the  definitions
    41  in  section 80.03 of the mental hygiene law, a surrogate decision-making
    42  committee, as defined in article eighty of the mental hygiene  law.  All
    43  declarations  and  procedures, including expedited procedures, to comply
    44  with this section shall be established by regulations promulgated by the
    45  [commission on quality of care and advocacy for persons  with  disabili-
    46  ties] justice center for the protection of people with special needs.
    47    §  5. Section 80.13 of the mental hygiene law, as added by chapter 354
    48  of the laws of 1985, is amended to read as follows:
    49  § 80.13 [Committee reports] Reports to the justice center.
    50    [The chairman of each committee shall provide a  quarterly  report  on
    51  the  activities  of  the  committee  and its panels to the commission on
    52  quality of care for the mentally disabled. Such report shall provide all
    53  information in the manner and form requested by  the  commission.]  Upon
    54  request  of the justice center for the protection of people with special
    55  needs, the program staff employed pursuant to subdivision (e) of section
    56  80.05 of this article shall provide a report on the  activities  of  the

        A. 8424                             4
 
     1  committee  and  its  panels  containing all information requested by the
     2  justice center.
     3    § 6. This act shall take effect immediately.
 
     4                                   PART B
 
     5    Section 1. The opening paragraph of section 5-211 of the election law,
     6  as amended by section 7 of part PP of chapter 56 of the laws of 2022, is
     7  amended to read as follows:
     8    Each  agency designated as a participating agency under the provisions
     9  of this section shall implement and administer a program of distribution
    10  of voter registration forms pursuant to the provisions of this  section.
    11  The  following  offices  which  provide public assistance and/or provide
    12  state funded programs primarily engaged in providing services to persons
    13  with disabilities are hereby designated as voter registration  agencies:
    14  designated as the state agencies which provide public assistance are the
    15  office  of  children  and  family  services, the office of temporary and
    16  disability assistance and the department of health. Also  designated  as
    17  public  assistance  agencies  are  all agencies of local government that
    18  provide such assistance.  Designated  as  state  agencies  that  provide
    19  programs primarily engaged in providing services to people with disabil-
    20  ities  are  the department of labor, office for the aging, department of
    21  veterans' services, office of mental health, office  of  vocational  and
    22  educational  services  for individuals with disabilities, [commission on
    23  quality of care for the mentally disabled] the justice  center  for  the
    24  protection of people with special needs, office for people with develop-
    25  mental  disabilities,  commission  for  the  blind,  office of addiction
    26  services and supports, the office of the advocate for the  disabled  and
    27  all  offices  which  administer  programs  established or funded by such
    28  agencies. Additional participating agencies designated as  voter  regis-
    29  tration  offices are the department of state and the district offices of
    30  the workers' compensation board. Such  agencies  shall  be  required  to
    31  offer  voter  registration forms to persons upon initial application for
    32  services, renewal or recertification for services  and  upon  change  of
    33  address relating to such services. Such agencies shall also be responsi-
    34  ble for providing assistance to applicants in completing voter registra-
    35  tion  forms,  receiving  and transmitting the completed application form
    36  from all applicants who wish to have such form transmitted to the appro-
    37  priate board of elections. The state board of elections shall,  together
    38  with representatives of the United States department of defense, develop
    39  and  implement procedures for including recruitment offices of the armed
    40  forces of the United States as  voter  registration  offices  when  such
    41  offices  are so designated by federal law.  The state board of elections
    42  shall also make request of the United States Citizenship and Immigration
    43  Services to include applications for registration by mail with any mate-
    44  rials which are given to new citizens.
    45    § 2. Subdivisions (f), (h), (i), (j) and (n) of section  7.33  of  the
    46  mental hygiene law, subdivision (f) and (h) as amended by chapter 175 of
    47  the  laws  of 1986, subdivision (i) as amended by chapter 14 of the laws
    48  of 1990, paragraph 1 of subdivision (i) as amended by chapter 75 of  the
    49  laws  of  1992, subdivision (j) as amended by chapter 264 of the laws of
    50  1980 and as renumbered by chapter 84 of the laws of 1980,  and  subdivi-
    51  sion  (n)  as amended by chapter 376 of the laws of 1994, are amended to
    52  read as follows:
    53    (f) (1) Each board of visitors shall hold six bi-monthly regular meet-
    54  ings annually, but a greater number of regular meetings may be scheduled

        A. 8424                             5

     1  by the board. Each board of visitors shall establish in their by-laws or
     2  otherwise, in writing, whether these six meetings shall be  held  during
     3  months represented by odd numbers or months represented by even numbers.
     4  The  president of the board shall notify the [chairman of the commission
     5  on quality of care for the mentally disabled] executive director of  the
     6  justice  center  for the protection of people with special needs and the
     7  facility director of the determination made  concerning  the  designated
     8  months  for  the  six  bi-monthly regular meetings. The president of the
     9  board, the commissioner, the director, or the members as  determined  by
    10  the  rules of the board may call special meetings. The board may require
    11  the director to submit a report at each meeting. Each board shall keep a
    12  record of its proceedings and activities. A member of a board  of  visi-
    13  tors who has failed to attend three consecutive bi-monthly regular meet-
    14  ings  shall  be  considered  to  have  vacated [his] their office unless
    15  otherwise ordered by the governor. The board shall cause notice  of  any
    16  of  its  public  meetings to be sent to the mental hygiene legal service
    17  located in the same judicial department  as  the  hospital.  The  mental
    18  hygiene legal service may send a representative to any such public meet-
    19  ing,  and may request the board to review patient complaints or investi-
    20  gate alleged incidents of abuse or mistreatment. The board shall  notify
    21  the  appropriate  representative  of the mental hygiene legal service of
    22  the board's actions and findings in relation to any such request.
    23    (2) The president of the board of visitors shall notify  a  member  by
    24  certified  or  registered  mail  with return receipt requested when such
    25  member of the board has failed to attend any two consecutive  bi-monthly
    26  regular  meetings.  This  notice shall be sent within ten days following
    27  the second meeting and shall include the dates of the two meetings which
    28  were missed, the date of the next  bi-monthly  regular  meeting,  and  a
    29  statement  concerning  the  consequences  of  failure to attend the next
    30  bi-monthly meeting.
    31    (3) Within three  days  after  the  third  consecutive  absence  at  a
    32  bi-monthly  regular  meeting  by a member, the president of the board of
    33  visitors shall notify, in writing, the governor, the  commissioner,  the
    34  [chairman  of  the  commission on quality of care for the mentally disa-
    35  bled] executive director of the justice center  for  the  protection  of
    36  people  with  special  needs and the facility director of such absences.
    37  The president of the board of visitors shall send a copy of this  notice
    38  to  the member by registered or certified mail return receipt requested.
    39  The member may petition the governor to excuse [his] their absences.  If
    40  the  governor does not excuse the absences within forty-five days of the
    41  date of the third consecutive meeting absence, the office of the  member
    42  shall be deemed vacated.
    43    (h)  Each  board  or any member of the board may visit and inspect the
    44  department facility at any time without prior notice and may  report  on
    45  conditions  to the governor, to the commissioner and to the [chairman of
    46  the state commission on quality of care for the mentally disabled] exec-
    47  utive director of the justice center for the protection of  people  with
    48  special  needs.  In  addition,  each board shall ensure that a member or
    49  committee of members shall inspect the department  facility  once  every
    50  three months without prior notice. A report on conditions may be submit-
    51  ted  to  the  governor,  to  the commissioner or to the [chairman of the
    52  state commission on quality of care for the mentally disabled] executive
    53  director of the justice center for the protection of people with special
    54  needs.  Each board member shall visit and inspect the facility at  least
    55  twice during each calendar year. Within thirty days after the conclusion
    56  of each calendar year the president of the board of visitors shall noti-

        A. 8424                             6

     1  fy  the  governor,  the commissioner, the [chairman of the commission on
     2  quality of care for the mentally disabled]  executive  director  of  the
     3  justice  center  for the protection of people with special needs and the
     4  facility  director,  if  any member of the board has failed to visit and
     5  inspect the facility at least twice during that year. The  president  of
     6  the  board  of visitors shall send a copy of this notice by certified or
     7  registered mail return receipt  requested  to  the  member  to  whom  it
     8  pertains.  A  member  of a board of visitors who has failed to visit and
     9  inspect the facility at least twice a year shall be considered  to  have
    10  vacated  [his]  their  office  unless  otherwise ordered by the governor
    11  within forty-five days after the end of the  calendar  year.  The  board
    12  shall have the power to investigate all charges against the director and
    13  all  cases  of  alleged  patient  abuse or mistreatment made against any
    14  employee and shall have the power to interview patients and employees of
    15  the facility in pursuit of such investigations. In  conducting  such  an
    16  investigation,  the  board  shall have the power, in accordance with the
    17  civil practice law and rules, to subpoena witnesses, compel their testi-
    18  mony, administer oaths to witnesses, examine witnesses under  oath,  and
    19  require  the  production  of  any books or papers deemed relevant to the
    20  investigation. A board or a member may include in the  report  or  sepa-
    21  rately  at  any time any matter pertaining to the management and affairs
    22  of the facility and may make recommendations to  the  governor,  to  the
    23  commissioner  and to the [chairman of the state commission on quality of
    24  care for the mentally disabled] executive director of the justice center
    25  for the protection of people with special  needs.    Each  board  member
    26  shall  enter in a book, kept at each facility for that purpose, the date
    27  of each visit.
    28    (i) (1) Any member or members of the board may  visit  and  inspect  a
    29  family  care home, which is within the catchment area of the hospital on
    30  the board of which such member or members serve. Such member or  members
    31  shall  be  granted access to such facility and to all books, records and
    32  data pertaining to such facility deemed necessary for carrying  out  the
    33  purposes  of  such  visit. Information, books, records or data which are
    34  confidential as provided by law shall be kept confidential and any limi-
    35  tations on the release thereof imposed by law upon the party  furnishing
    36  the  information,  books,  records or data shall apply to such member or
    37  members of the board. After any such  visits  or  inspection,  a  report
    38  containing  findings  and recommendations may be submitted to the gover-
    39  nor, to the commissioner or to [the state commission on quality of  care
    40  for  the  mentally  disabled]  the  justice center for the protection of
    41  people with special needs.
    42    (2) Any member or members of the board may visit and inspect a  commu-
    43  nity  residence  or  residential care center for adults, operated by the
    44  office of mental health, which is  within  the  catchment  area  of  the
    45  hospital on the board of which such member or members serve. Such member
    46  or  members  shall  be granted access to such facility and to all books,
    47  records and data pertaining to such facility deemed necessary for carry-
    48  ing out the purposes of such visit and inspection.  Information,  books,
    49  records  or data which are confidential as provided by law shall be kept
    50  confidential and any limitations on the release thereof imposed  by  law
    51  upon  the party furnishing the information, books, records or data shall
    52  apply to such member or members of the board. After any such  visits  or
    53  inspection,  a  report  containing findings and recommendations shall be
    54  submitted promptly to the commissioner and to the [chairman of the state
    55  commission on quality of  care  for  the  mentally  disabled]  executive

        A. 8424                             7
 
     1  director of the justice center for the protection of people with special
     2  needs.
     3    (j) Once each year, each board shall make an independent assessment of
     4  conditions  at  the facility and shall submit a report on the assessment
     5  and recommendations to the governor, to  the  commissioner  and  to  the
     6  [chairman  of  the  state commission on quality of care for the mentally
     7  disabled] executive director of the justice center for the protection of
     8  people with special needs.
     9    (n) Each member shall attend, within one year of the initial  appoint-
    10  ment  or  any  subsequent reappointment, an orientation training program
    11  provided by the [commission on quality of care for  the  mentally  disa-
    12  bled] justice center for the protection of people with special needs for
    13  members of boards of visitors. The [chairman of the commission on quali-
    14  ty  of care for the mentally disabled] executive director of the justice
    15  center for the protection of people with special needs shall notify  the
    16  governor and the appointed member of any such member's failure to attend
    17  such a training program. A member who has failed to attend such a train-
    18  ing  program  scheduled  for  such  member  shall  be considered to have
    19  vacated [his] their office unless  otherwise  ordered  by  the  governor
    20  within forty-five days after the notice.
    21    §  3.  Subdivisions  (h),  (i), and (n) of section 13.33 of the mental
    22  hygiene law, as amended by section 4 of part J of chapter 56 of the laws
    23  of 2012, are amended to read as follows:
    24    (h) Each board or any member of the board  may  visit  and  inspect  a
    25  state operated facility that is in the catchment area of the state oper-
    26  ations  region in which such member or members serve at any time without
    27  prior notice and may report  on  conditions  to  the  governor,  to  the
    28  commissioner  and to the [chairman of the state commission on quality of
    29  care and advocacy for persons with disabilities] executive  director  of
    30  the  justice center for the protection of people with special needs and,
    31  subject to confidential information being redacted to protect the confi-
    32  dentiality of individuals in such facility, to the  temporary  president
    33  of  the  senate  and  to  the speaker of the assembly. In addition, each
    34  board shall ensure that a member or committee of members  shall  inspect
    35  such  facility once every three months without prior notice. A report on
    36  conditions may be submitted to the governor, to the commissioner  or  to
    37  the  [chairman  of  the state commission on quality of care and advocacy
    38  for persons with disabilities] executive director of the justice  center
    39  for  the  protection of people with special needs and, subject to confi-
    40  dential information being redacted to  protect  the  confidentiality  of
    41  individuals  in  such facility, to the temporary president of the senate
    42  and to the speaker of the assembly.  Each board member shall  visit  and
    43  inspect  any  such  facility  at  least twice during each calendar year.
    44  Within thirty days after the conclusion of each calendar year, the pres-
    45  ident of the board of visitors shall notify the  governor,  the  commis-
    46  sioner,  the [chairman of the commission on quality of care and advocacy
    47  for persons with disabilities] executive director of the justice  center
    48  for  the  protection  of  people with special needs, and the state oper-
    49  ations director, if any member of the board  has  failed  to  visit  and
    50  inspect any such facility at least twice during that year. The president
    51  of  the  board of visitors shall send a copy of this notice by certified
    52  or registered mail return receipt requested to the  member  to  whom  it
    53  pertains.  A  member  of a board of visitors who has failed to visit and
    54  inspect a facility at least twice a year shall  be  considered  to  have
    55  vacated [his or her] their office unless otherwise ordered by the gover-
    56  nor within forty-five days after the end of the calendar year. The board

        A. 8424                             8
 
     1  shall  have the power to investigate all charges against the state oper-
     2  ations director, and all cases of alleged patient abuse or  mistreatment
     3  made  against  any  employee,  and  shall  have  the  power to interview
     4  patients  and  employees  of  the facilities in pursuit of such investi-
     5  gations. In conducting such an investigation, the board shall  have  the
     6  power,  in accordance with the civil practice law and rules, to subpoena
     7  witnesses, compel their testimony, administer oaths to witnesses,  exam-
     8  ine  witnesses  under  oath,  and require the production of any books or
     9  papers deemed relevant to the investigation. A board  or  a  member  may
    10  include in the report or separately at any time any matter pertaining to
    11  the  management  and affairs of such facilities and may make recommenda-
    12  tions to the governor, to the commissioner and to the [chairman  of  the
    13  state  commission on quality of care and advocacy for persons with disa-
    14  bilities] executive director of the justice center for the protection of
    15  people with special needs. Each board member shall enter in a book, kept
    16  at each such facility for that purpose, the date of each visit.
    17    (i) (1) Any member or members of the board may  visit  and  inspect  a
    18  family  care  home  that is within the catchment area of the state oper-
    19  ations region in which such member or  members  serve.  Such  member  or
    20  members  shall  be  granted  access  to  such facility and to all books,
    21  records and data pertaining to such facility deemed necessary for carry-
    22  ing out the purposes of such visit. Information, books, records or  data
    23  that  are confidential as provided by law shall be kept confidential and
    24  any limitations on the release thereof imposed by  law  upon  the  party
    25  furnishing  the  information, books, records or data shall apply to such
    26  member or members of the board. After any such visits or inspections,  a
    27  report  containing  findings and recommendations may be submitted to the
    28  governor, to the commissioner or to the [state commission on quality  of
    29  care  and  advocacy for persons with disabilities] executive director of
    30  the justice center for the protection of people with special  needs  and
    31  subject to confidential information being redacted to protect the confi-
    32  dentiality of individuals in such facility to the temporary president of
    33  the senate and to the speaker of the assembly.
    34    (2)  Any member or members of the board may visit and inspect a commu-
    35  nity residence operated by the  office  for  people  with  developmental
    36  disabilities  that  is within the catchment area of the state operations
    37  region in which such member or members serve.  Such  member  or  members
    38  shall  be  granted access to such facility and to all books, records and
    39  data pertaining to such facility deemed necessary for carrying  out  the
    40  purposes  of  such  visit and inspection. Information, books, records or
    41  data that are confidential as provided by law shall be kept confidential
    42  and any limitations on the release thereof imposed by law upon the party
    43  furnishing the information, books, records or data shall apply  to  such
    44  member  or  members of the board. After any such visits or inspection, a
    45  report  containing  findings  and  recommendations  shall  be  submitted
    46  promptly  to  the commissioner and to the [chairman of the state commis-
    47  sion on quality of care and  advocacy  for  persons  with  disabilities]
    48  executive  director  of executive director of the justice center for the
    49  protection of people with special needs.
    50    (n) Each member shall attend, within one year of the initial  appoint-
    51  ment  or  any  subsequent reappointment, an orientation training program
    52  provided by the [commission on quality of care and advocacy for  persons
    53  with  disabilities]  executive  director  of  the justice center for the
    54  protection of people with special needs for members of boards  of  visi-
    55  tors.  The  [chairman  of the commission on quality of care and advocacy
    56  for persons with disabilities] executive director of the justice  center

        A. 8424                             9

     1  for  the protection of people with special needs shall notify the gover-
     2  nor and the appointed member of any such member's failure to attend such
     3  a training program. A member who has failed to attend  such  a  training
     4  program  scheduled  for  such member shall be considered to have vacated
     5  [his] their office unless  otherwise  ordered  by  the  governor  within
     6  forty-five days after the notice.
     7    §  4.  Section  16.13 of the mental hygiene law, as amended by chapter
     8  435 of the laws of 2005, subdivision (b) as added by section 8 of part C
     9  of chapter 501 of the laws of 2012, subdivision (e) as added by  chapter
    10  535 of the laws of 2019, is amended to read as follows:
    11  § 16.13 Duties of providers of services.
    12    It  shall  be  the  duty  of  every holder of an operating certificate
    13  issued pursuant to this article or organization whose  incorporation  or
    14  activities  require  the approval of the commissioner, or program funded
    15  or administered by the office to assist such office and the  [commission
    16  on  quality  of  care  for the mentally disabled] justice center for the
    17  protection of people with special needs in carrying out their respective
    18  regulatory and oversight functions by:
    19    (a) Complying with the applicable provisions of  this  chapter,  other
    20  applicable laws, and the regulations of the commissioner.
    21    (b)  Making  reports of allegations of reportable incidents in accord-
    22  ance with article eleven of the social services law  to  the  vulnerable
    23  persons'  central  register,  which shall screen and immediately forward
    24  reports that appear to allege crimes to the appropriate law  enforcement
    25  agency.
    26    (c)  Cooperating with the commissioner or his or her authorized repre-
    27  sentative and the [commission on quality of care for the mentally  disa-
    28  bled]  justice center for the protection of people with special needs or
    29  any representative authorized by the [chair of such  commission]  execu-
    30  tive  director  of the justice center in any investigation or inspection
    31  conducted by the office or [such commission] the justice center.
    32    (d) Permitting the commissioner  or  [his  or  her]  their  authorized
    33  representative  and  the [commission on quality of care for the mentally
    34  disabled] justice center for the protection of people with special needs
    35  or any representative authorized by the [chair of such commission] exec-
    36  utive director of the justice center to inspect  its  facility  and  all
    37  books  and records, including financial records and client records, kept
    38  by it and to interview and examine any client  at  its  facility  except
    39  that no such client may be examined against [his or her] their will.
    40    (e)  Posting a visible notice. Facilities licensed, certified or oper-
    41  ated by the office shall post signs in accordance with this subdivision.
    42  Such signs shall be posted and visible where employee notices are  post-
    43  ed,  be  not  less  than  eight and one-half inches by eleven inches and
    44  shall read: "In case of an emergency, dial 911".
    45    § 5. Paragraph 3 of subdivision (c) of section  16.34  of  the  mental
    46  hygiene  law,  as  amended  by section 1 of part H of chapter 501 of the
    47  laws of 2012, is amended to read as follows:
    48    3. "substantiated report" shall mean that,  after  investigation,  the
    49  [commission  on quality care and advocacy for persons with disabilities]
    50  justice center for the protection of people with special  needs  or  the
    51  office  has determined, in writing, that a report filed by [such commis-
    52  sion] the justice center, by the office, or by a provider  certified  by
    53  the  office,  meets the criteria of abuse or serious neglect, as defined
    54  in this section, of a patient or consumer in a program  licensed,  oper-
    55  ated, or certified by the office and that the report and credible infor-
    56  mation submitted support the relevant allegations in the report or shall

        A. 8424                            10
 
     1  mean  that the prospective employee or volunteer was either found guilty
     2  in a disciplinary proceeding, or there was  a  settlement  agreement  in
     3  which the prospective employee or volunteer admitted guilt.
     4    §  6.  Subdivision  5  of  section 29.29 of the mental hygiene law, as
     5  amended by chapter 24 of the  laws  of  2007,  is  amended  to  read  as
     6  follows:
     7    5.  The  commissioners  shall  transmit  a copy of any report received
     8  pursuant to subdivision four of this section to the [state commission on
     9  quality of care and advocacy  for  persons  with  disabilities]  justice
    10  center for the protection of people with special needs.
    11    §  7.  Section  31.11 of the mental hygiene law, as amended by chapter
    12  435 of the laws of 2005, subdivision 2 as amended by chapter 558 of  the
    13  laws of 2011, subdivision 5 as added by chapter 491 of the laws of 2008,
    14  is amended to read as follows:
    15  § 31.11 Certain duties of providers of services.
    16    It  shall  be the duty of every holder of an operating certificate, or
    17  program funded or administered by the office of mental health to  assist
    18  the  department  and the [commission on quality of care for the mentally
    19  disabled] justice center for the protection of people with special needs
    20  in carrying out their respective regulatory and oversight functions by:
    21    1. complying with the applicable provisions  of  this  chapter,  other
    22  applicable laws, and the regulations of the commissioner.
    23    2. making such reports as are necessary to provide notification to the
    24  district  attorney or other appropriate law enforcement official and the
    25  commissioner or [his or her] their authorized representative as soon  as
    26  possible,  or in any event within three working days, if it appears that
    27  a crime may have been committed against  a  patient  receiving  services
    28  from such provider, unless it appears that the crime includes an employ-
    29  ee,  intern,  volunteer,  consultant,  contractor,  or  visitor  and the
    30  alleged conduct caused physical injury or the  patient  was  subject  to
    31  unauthorized  sexual  contact, or if it appears the crime is endangering
    32  the welfare of an incompetent or physically disabled person pursuant  to
    33  section  260.25  of  the penal law, or if the crime was any felony under
    34  state or federal law, then the district attorney  or  other  appropriate
    35  law enforcement official must be contacted immediately, and in any event
    36  no  later  than  twenty-four  hours  and such other reports, uniform and
    37  otherwise, as are required by the commissioner or  [his  or  her]  their
    38  authorized  representative  with  respect to its operations. If there is
    39  reasonable cause to believe that the crime against the client  may  have
    40  occurred  in  a  facility  or  program  of  any  other  service provider
    41  licensed, certified, funded or operated by a state agency, the  adminis-
    42  trator  or  chief executive officer of such other service provider shall
    43  also be notified as soon as possible, or in any event within three work-
    44  ing days. Provided however, nothing herein shall require such report  to
    45  an administrator or chief executive officer of a provider who is alleged
    46  to  have  committed the crime. The commissioner may execute a memorandum
    47  of understanding with the commissioners of other appropriate state agen-
    48  cies to ensure the coordination and cooperation  of  such  agencies  and
    49  providers  of  services  with regard to the conduct of any investigation
    50  and prevention of unnecessary duplicative investigations resulting  from
    51  the  report  of an alleged crime that may have occurred in a facility or
    52  program of another service provider. Information obtained by the commis-
    53  sioner or the [commission on quality of care for the mentally  disabled]
    54  justice  center for the protection of people with special needs from the
    55  records of patients receiving services shall  be  kept  confidential  in
    56  accordance with the provisions of this chapter.

        A. 8424                            11
 
     1    3.  cooperating with the commissioner or [his or her] their authorized
     2  representative and the [commission on quality of care for  the  mentally
     3  disabled] justice center for the protection of people with special needs
     4  or any representative authorized by the [chair of such commission] exec-
     5  utive  director of the justice center in any investigation or inspection
     6  conducted by the department of mental hygiene or [commission on  quality
     7  of  care for the mentally disabled] justice center for the protection of
     8  people with special needs.
     9    4. permitting the commissioner or [his or her] their authorized repre-
    10  sentative and the [commission on quality of care for the mentally  disa-
    11  bled]  justice center for the protection of people with special needs or
    12  any representative authorized by the [chair of such  commission]  execu-
    13  tive  director  of  the  justice  center to inspect its facility and all
    14  books and records, including patient records, kept by it and  to  inter-
    15  view and examine any patient at its facility except that no such patient
    16  may be examined against [his or her] their will.
    17    5.  providing,  to  the  office  of mental health, in a form or format
    18  requested by the commissioner, records requested by such office relating
    19  to persons as described in subdivision (j) of section 7.09 of this chap-
    20  ter who may be disqualified from possessing a firearm pursuant to 18 USC
    21  922(4)(d).
    22    § 8. Section 32.17 of the mental hygiene law, as added by chapter  558
    23  of the laws of 1999, is amended to read as follows:
    24  § 32.17 Certain duties of providers of services.
    25    It  shall  be  the duty of every holder of an operating certificate to
    26  assist both the office and the [commission on quality of  care  for  the
    27  mentally  disabled]  justice  center  for  the protection of people with
    28  special needs in carrying out  their  respective  and  joint  regulatory
    29  functions by:
    30    (a)  complying  with  the provisions of this chapter, other applicable
    31  federal, state, and local laws, rules, and regulations,  and  the  regu-
    32  lations of the commissioner.
    33    (b)  consistent  with federal and state confidentiality laws and regu-
    34  lations, making such reports as are required by the office  as  well  as
    35  those  necessary  to  provide  notification  to the district attorney or
    36  other appropriate law enforcement official and the commissioner or  [his
    37  or  her]  their authorized representative as soon as possible, or in any
    38  event within three working days, if it appears that  a  crime  may  have
    39  been committed by program personnel against a patient receiving services
    40  from such provider, and/or if a crime may have been committed by program
    41  personnel  against  any  person  on such provider's premises, and making
    42  such other reports, uniform  and  otherwise,  as  are  required  by  the
    43  commissioner  or  [his  or  her]  their  authorized  representative with
    44  respect to its operations. Information obtained by the commissioner from
    45  the records of patients receiving services shall be kept confidential in
    46  accordance with applicable federal and state  confidentiality  laws  and
    47  regulations.
    48    (c) cooperating with the commissioner or [his or her] their authorized
    49  representative  and  the [commission on quality of care for the mentally
    50  disabled] justice center for the protection of people with special needs
    51  or any representative authorized by the [chairperson of such commission]
    52  executive director  of  the  justice  center  in  any  investigation  or
    53  inspection conducted by the department or [commission on quality of care
    54  for  the  mentally  disabled]  the  justice center for the protection of
    55  people with special needs.

        A. 8424                            12
 
     1    (d) permitting the commissioner  or  [his  or  her]  their  authorized
     2  representative  and  the [commission on quality of care for the mentally
     3  disabled] justice center for the protection of people with special needs
     4  or any representative authorized by the [chairperson of such commission]
     5  executive director of the justice center to inspect its facility and all
     6  books  and  records, including patient records, kept by it and to inter-
     7  view and examine any patient at its facility except that no patient  may
     8  be examined against [his or her] their will.
     9    §  9.  Paragraph  12 of subdivision (a) of section 33.02 of the mental
    10  hygiene law, as amended by chapter 306 of the laws of 1995,  is  amended
    11  to read as follows:
    12    12.  bring any questions or complaints, including complaints regarding
    13  any orders limiting such residents' rights, to  the  facility  director,
    14  the  mental  hygiene legal service, the board of visitors if applicable,
    15  and the [commission on  quality  of  care  for  the  mentally  disabled]
    16  justice center for the protection of people with special needs; and
    17    §  10.  Subdivision (e) of section 33.13 of the mental hygiene law, as
    18  added by chapter 330 of the laws of 1993, is amended to read as follows:
    19    (e) Clinical information tending to identify patients or  clients  and
    20  clinical  records  maintained at a facility not operated by the offices,
    21  shall not be a public record and shall not be released to any person  or
    22  agency  outside  such  facility except pursuant to subdivisions (b), (c)
    23  and (d) of this section. The director of such a facility may consent  to
    24  the  release  of  such information and records, subject to regulation by
    25  the commissioner, pursuant to the exceptions stated in  subdivision  (c)
    26  of  this  section;  provided  that, for the purpose of this subdivision,
    27  such consent shall be deemed to be the consent otherwise required of the
    28  commissioner pursuant to subdivision (c) of  this  section.  Nothing  in
    29  this  subdivision  shall  be  construed  to limit, restrict or otherwise
    30  affect access to such clinical information  or  records  by  the  mental
    31  hygiene  legal  service,  the  [commission  on  quality  of care for the
    32  mentally disabled] justice center for  the  protection  of  people  with
    33  special needs or the offices when such access is authorized elsewhere in
    34  law.
    35    § 11. Subdivision 3 of section 32 of the public health law, as amended
    36  by chapter 672 of the laws of 2019, is amended to read as follows:
    37    3.  to  coordinate,  to  the  greatest  extent possible, activities to
    38  prevent, detect and investigate medical  assistance  program  fraud  and
    39  abuse  amongst  the  following:  the  department;  the offices of mental
    40  health, [alcoholism and substance abuse services] addiction services and
    41  supports, temporary  disability  assistance,  and  children  and  family
    42  services  and the office for people with developmental disabilities; the
    43  [commission on quality of care and advocacy for persons  with  disabili-
    44  ties]  justice  center  for the protection of people with special needs;
    45  the department of education; the fiscal agent employed  to  operate  the
    46  medical assistance information and payment system; local governments and
    47  entities;  and  to work in a coordinated and cooperative manner with, to
    48  the greatest extent possible, the deputy attorney general  for  Medicaid
    49  fraud  control;  the  welfare  inspector  general,  federal prosecutors,
    50  district attorneys within the  state,  the  special  investigative  unit
    51  maintained  by  each  health insurer operating within the state, and the
    52  state comptroller;
    53    § 12. Section 2740 of the public health law, as amended by chapter 672
    54  of the laws of 2019, is amended to read as follows:
    55    § 2740. Traumatic brain injury program. The department shall have  the
    56  central  responsibility for administering the provisions of this article

        A. 8424                            13
 
     1  and otherwise coordinating the state's policies with respect to traumat-
     2  ic brain injury, in consultation with the office for people with  devel-
     3  opmental  disabilities,  the  office of mental health, the department of
     4  education,  the  office  of  [alcoholism  and  substance abuse services]
     5  addiction services and supports, the department of social services,  the
     6  office  of  the advocate for the disabled and the [commission on quality
     7  of care for the mentally disabled] justice center for the protection  of
     8  people with special needs.
     9    §  13.  Subdivision  2  of  section 425 of the social services law, as
    10  amended by chapter 126 of the laws  of  2014,  is  amended  to  read  as
    11  follows:
    12    2. The department, after consultation with the division for youth, the
    13  division of criminal justice services, the department of mental hygiene,
    14  the  [commission  on  quality of care for the mentally disabled] justice
    15  center for the protection of people with special  needs  and  the  state
    16  education  department  shall develop guidelines to be utilized by appro-
    17  priate state and local governmental agencies and authorized agencies  as
    18  defined  by subdivision ten of section three hundred seventy-one of this
    19  article which have responsibility for the care and protection  of  chil-
    20  dren,  in  evaluating  persons who have a criminal conviction record and
    21  who have applied to such agencies or provider agencies,  as  defined  in
    22  subdivision  three  of  section four hundred twenty-four-a of this title
    23  for employment or who have applied to such state agencies  or  licensing
    24  agency  as  defined  in subdivision four of section four hundred twenty-
    25  four-a of this title, for a license, certificate, permit or approval  to
    26  be  an  adoptive  parent,  provider  of  day care services in a day care
    27  center, family day care home or group family day care home, an  operator
    28  of  a camp subject to the provisions of article thirteen-B of the public
    29  health law, or an operator of  a  foster  family  home  subject  to  the
    30  provisions  of  subdivision  seven  of section five hundred one, section
    31  five hundred two or subdivision three of section  five  hundred  thirty-
    32  two-a  of  the  executive  law  or section three hundred seventy-six and
    33  three hundred seventy-seven of this article.
    34    § 14. Subdivision 1 of section 483-f of the social  services  law,  as
    35  amended  by  chapter  672  of  the  laws  of 2019, is amended to read as
    36  follows:
    37    1. The council, in accordance with section 7.43 of the mental  hygiene
    38  law, shall assist the commissioner of mental health with the implementa-
    39  tion  of  the children's plan, developed pursuant to chapter six hundred
    40  sixty-seven of the laws of two thousand six. State  child-serving  agen-
    41  cies  involved  in the development of such plan shall assist, as needed,
    42  with such plan's implementation and such agencies shall sign off on  all
    43  future reports and plans. Such agencies shall include, but not be limit-
    44  ed  to, the office of mental health, the office for people with develop-
    45  mental disabilities, the  office  of  [alcoholism  and  substance  abuse
    46  services] addiction services and supports, the [commission on quality of
    47  care  and advocacy for persons with disabilities] justice center for the
    48  protection of people with special needs,  the  office  of  children  and
    49  family  services,  the  state  education  department,  the department of
    50  health, and the department of probation and correctional alternatives.
    51    § 15. This act shall take effect immediately.
    52    § 2. This act shall take effect immediately  provided,  however,  that
    53  the  applicable  effective date of Parts A and B of this act shall be as
    54  specifically set forth in the last section of such Parts.
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