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S05315 Summary:

S05315 Actions:

S05315 Committee Votes:

S05315 Floor Votes:

S05315 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5315
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 25, 2019
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities
 
        AN ACT to amend the mental hygiene law, in relation to the suspension of
          service of state-operated individualized residential alternatives

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