LBD12219-02-0
A. 11197 2
mentally disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES under the
jurisdiction of the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities or a facility for the residential care,
treatment, training, or education of [the mentally retarded and develop-
mentally disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES which has
been issued an operating certificate by the commissioner of [mental
retardation and] developmental disabilities.
28. "Community residence" means any facility operated by or subject to
licensure by the office of mental health or the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities which provides a
supervised residence or residential respite services for [mentally disa-
bled persons] INDIVIDUALS WITH MENTAL DISABILITIES and a homelike envi-
ronment and room, board and responsible supervision for the habilitation
or rehabilitation of [mentally disabled persons] INDIVIDUALS WITH MENTAL
DISABILITIES as part of an overall service delivery system. A community
residence shall include an intermediate care facility with fourteen or
fewer residents that has been approved pursuant to law, and a community
residential facility as that term is used in section 41.36 of this chap-
ter. Such term does not include family care homes.
S 2. Section 5.01 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
S 5.01 Department of mental hygiene.
There shall continue to be in the state government a department of
mental hygiene. Within the department there shall be the following
autonomous offices:
(1) office of mental health;
(2) office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities;
(3) office of alcoholism and substance abuse.
S 3. Section 5.03 of the mental hygiene law, as amended by chapter 223
of the laws of 1992, is amended to read as follows:
S 5.03 Commissioners.
The head of the office of mental health shall be the commissioner of
mental health; the head of the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities shall be the commissioner of
[mental retardation and] developmental disabilities; and the head of the
office of alcoholism and substance abuse services shall be the commis-
sioner of alcoholism and substance abuse services. Each commissioner
shall be appointed by the governor, by and with the advice and consent
of the senate, to serve at the pleasure of the governor.
S 4. Subdivision (a) and paragraph 1 of subdivision (b) of section
5.05 of the mental hygiene law, subdivision (a) as added by chapter 978
of the laws of 1977 and paragraph 1 of subdivision (b) as amended by
chapter 294 of the laws of 2007, are amended to read as follows:
(a) The commissioners of the [offices] OFFICE of mental health and
[mental retardation and developmental disability of the department] THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, as the [head] HEADS
of the department, shall jointly visit and inspect, or cause to be
visited and inspected, all facilities either public or private used for
the care, treatment and rehabilitation of [persons suffering from] INDI-
VIDUALS WITH mental illness[, mental retardation] and developmental
[disability] DISABILITIES in accordance with the requirements of section
four of article seventeen of the New York state constitution.
(1) The commissioners of the [offices] OFFICE of mental health,
[mental retardation and] THE OFFICE FOR PEOPLE WITH developmental disa-
bilities and THE OFFICE OF alcoholism and substance abuse services shall
A. 11197 3
constitute an inter-office coordinating council which, consistent with
the autonomy of each office for matters within its jurisdiction, shall
ensure that the state policy for the prevention, care, treatment and
rehabilitation of INDIVIDUALS WITH mental illness[, mental retardation]
and developmental [disability] DISABILITIES, alcoholism, alcohol abuse,
substance abuse, substance dependence, and chemical dependence is
planned, developed and implemented comprehensively; that gaps in
services to [the multiply disabled] INDIVIDUALS WITH MULTIPLE DISABILI-
TIES are eliminated and that no person is denied treatment and services
because he or she [suffers from] HAS more than one disability; that
procedures for the regulation of programs which offer care and treatment
for more than one class of [mentally disabled] persons WITH MENTAL DISA-
BILITIES be coordinated between the offices having jurisdiction over
such programs; and that research projects of the institutes, as identi-
fied in section 7.17 or 13.17 of this chapter, are coordinated to maxi-
mize the success and cost effectiveness of such projects and to elimi-
nate wasteful duplication.
S 5. The opening paragraph of paragraph 1 of subdivision (b) of
section 5.07 of the mental hygiene law, as amended by chapter 223 of the
laws of 1992, is amended to read as follows:
The [offices] OFFICE of mental health [and mental retardation and],
THE OFFICE FOR PEOPLE WITH developmental disabilities and the office of
alcoholism and substance abuse services shall each formulate a statewide
comprehensive five-year plan for the provision of all state and local
services for [the mentally ill, mentally retarded and developmentally
disabled] PERSONS WITH MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES,
and those suffering from alcoholism and substance abuse, respectively.
Each plan shall be formulated from local comprehensive plans developed
by each local governmental unit, with participation of consumers,
consumer groups, providers of services and departmental facilities
furnishing services to [the mentally disabled] INDIVIDUALS WITH MENTAL
DISABILITIES of the area in conformance with statewide goals and objec-
tives established by the advisory council of each office. Each plan
shall:
S 6. Subdivisions (a), (b), (j) and (o) of section 10.03 of the mental
hygiene law, as added by chapter 7 of the laws of 2007, are amended to
read as follows:
(a) "Agency with jurisdiction" as to a person means that agency which,
during the period in question, would be the agency responsible for
supervising or releasing such person, and can include the department of
correctional services, the office of mental health, the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities, and
the division of parole.
(b) "Commissioner" means the commissioner of mental health or the
commissioner of [mental retardation and] developmental disabilities.
(j) "Psychiatric examiner" means a qualified psychiatrist or a
licensed psychologist who has been designated to examine a person pursu-
ant to this article; such designee may, but need not, be an employee of
the office of mental health or the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities.
(o) "Secure treatment facility" means a facility or a portion of a
facility, designated by the commissioner, that may include a facility
located on the grounds of a correctional facility, that is staffed with
personnel from the office of mental health or the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities for the
purposes of providing care and treatment to persons confined under this
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article, and persons defined in paragraph five of subdivision (g) of
this section. Personnel from these same agencies may provide security
services, provided that such staff are adequately trained in security
methods and so equipped as to minimize the risk or danger of escape.
S 7. Subdivision (a) of section 10.05 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
(a) The commissioner of mental health, in consultation with the
commissioner of the department of correctional services and the commis-
sioner of [mental retardation and] developmental disabilities, shall
establish a case review panel consisting of at least fifteen members,
any three of whom may sit as a team to review a particular case. At
least two members of each team shall be professionals in the field of
mental health or the field of [mental retardation and] developmental
disabilities, as appropriate, with experience in the treatment, diagno-
sis, risk assessment or management of sex offenders. To the extent prac-
ticable, the workload of the case review panel should be evenly distrib-
uted among its members. Members of the case review panel and psychiatric
examiners should be free to exercise independent professional judgment
without pressure or retaliation for the exercise of that judgment from
any source.
S 8. The article heading of article 13 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
OFFICE [OF MENTAL RETARDATION AND] FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES
S 9. The closing paragraph of section 13.01 of the mental hygiene law,
as amended by chapter 353 of the laws of 2004, is amended to read as
follows:
To accomplish these goals and meet the particular needs of [persons
with mental retardation and] INDIVIDUALS WITH developmental disabili-
ties, a new autonomous agency to be known as the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities has been
established. The office and its commissioner shall plan and work with
local governments and voluntary organizations and all providers of
services, and [persons with mental retardation and] INDIVIDUALS WITH
developmental disabilities and their families and representatives, to
develop an effective, integrated, comprehensive system for the delivery
of all necessary supports and services to all [persons with mental
retardation and] INDIVIDUALS WITH developmental disabilities and to
create financing procedures and mechanisms to support such a system of
supports and services to ensure that all individuals with [mental retar-
dation and] developmental disabilities in need of supports and services
receive appropriate and timely supports and services close to their
families and community. In carrying out these responsibilities, the
office and its commissioner shall make full use of existing services in
the community, including those provided by voluntary and other service
organizations, and within annual amounts made available shall add
in-home, residential and day service and support capacity, to address
the needs of [persons with mental retardation and] INDIVIDUALS WITH
developmental disabilities.
ANY PROVISIONS OF THIS ARTICLE WHICH EXPLICITLY OR IMPLICITLY APPLY
TO, OR REFERENCE, PERSONS WHO ARE MENTALLY RETARDED, SHALL BE DEEMED TO
APPLY TO, OR REFERENCE, PERSONS WITH DEVELOPMENTAL DISABILITIES.
S 10. Section 13.03 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
S 13.03 Definitions.
As used in this title:
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1. "office" means the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities.
2. "commissioner" means the head of the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities.
S 11. The opening paragraph of subdivision (c) of section 13.05 of the
mental hygiene law, as amended by chapter 55 of the laws of 1992, is
amended to read as follows:
The mental retardation and developmental disabilities advisory council
shall have no executive, administrative or appointive duties. The coun-
cil shall have the duty to foster public understanding and acceptance of
[mental retardation and] developmental disabilities. It shall, in coop-
eration with the commissioner of [mental retardation and] developmental
disabilities, establish statewide goals and objectives for services for
[persons with mental retardation and] INDIVIDUALS WITH developmental
disabilities and shall advise the commissioner on matters related to
development and implementation of the [OMRDD's] OPWDD'S triennial state
developmental disabilities comprehensive plan as required under para-
graph two of subdivision (b) of section 5.07 of this chapter. The advi-
sory council shall have the power to consider any matter relating to the
improvement of the state [mental retardation and] developmental disabil-
ities program and shall advise the commissioner of [mental retardation
and] developmental disabilities thereon and on any matter relating to
the performance of their duties with relation to [persons with mental
retardation and] INDIVIDUALS WITH developmental disabilities and on
policies, goals, budget and operation of developmental disabilities
services.
S 12. The section heading and subdivision (a) of section 13.07 of the
mental hygiene law, the section heading as added by chapter 978 of the
laws of 1977 and subdivision (a) as amended by chapter 676 of the laws
of 1994, are amended to read as follows:
Office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities; scope of responsibilities.
(a) The office [of mental retardation and] FOR PEOPLE WITH develop-
mental disabilities shall assure the development of comprehensive plans,
programs, and services in the areas of research, prevention, and care,
treatment, habilitation, rehabilitation, vocational and other education,
and training of [persons with mental retardation and] INDIVIDUALS WITH
developmental disabilities. Such plans, programs, and services shall be
developed by the cooperation of the office, other offices of the depart-
ment where appropriate, other state departments and agencies, local
governments, community organizations and agencies providing services to
[persons with mental retardation and] INDIVIDUALS WITH developmental
disabilities, [and persons with mental retardation and developmental
disabilities,] their families and representatives. It shall provide
appropriate facilities, programs, supports and services and encourage
the provision of facilities, programs, supports and services by local
government and community organizations and agencies.
S 13. Subdivision (f) of section 13.09 of the mental hygiene law, as
added by chapter 491 of the laws of 2008, is relettered subdivision (g)
and amended to read as follows:
(g) The commissioner, in cooperation with other applicable state agen-
cies, shall be authorized to collect, retain or modify data or records,
or to transmit such data or records to the division of criminal justice
services, or to the criminal justice information services division of
the federal bureau of investigation, for the purposes of responding to
queries to the national instant criminal background check system regard-
A. 11197 6
ing attempts to purchase or otherwise take possession of firearms, as
defined in 18 USC 921(a)(3), in accordance with applicable federal laws
or regulations. Such records shall include only names and other non-
clinical identifying information of persons who have had a guardian
appointed for them pursuant to any provision of state law, based on a
determination that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, they lack the mental capacity
to contract or manage their own affairs, and persons who have been
involuntarily committed to a facility pursuant to article fifteen of
this chapter, or article seven hundred thirty or section 330.20 of the
criminal procedure law or sections 322.2 or 353.4 of the family court
act. The commissioner shall establish within the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities an adminis-
trative process to permit a person who has been or may be disqualified
from possessing such a firearm pursuant to 18 USC 922(4)(d) to petition
for relief from that disability where such person's record and reputa-
tion are such that such person will not be likely to act in a manner
dangerous to public safety and where the granting of the relief would
not be contrary to public safety. The commissioner shall promulgate
regulations to establish the relief from disabilities program, which
shall include, but not be limited to, provisions providing for: (i) an
opportunity for a disqualified person to petition for relief in writing;
(ii) the authority for the agency to require that the petitioner undergo
a clinical evaluation and risk assessment; and (iii) a requirement that
the agency issue a decision in writing explaining the reasons for a
denial or grant of relief. The denial of a petition for relief from
disabilities may be reviewed de novo pursuant to the proceedings under
article seventy-eight of the civil practice law and rules.
S 14. The section heading of section 13.11 of the mental hygiene law,
as added by chapter 978 of the laws of 1977, is amended to read as
follows:
Organization and administration of the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities and its facilities.
S 15. The section heading of section 13.15 of the mental hygiene law,
as added by chapter 978 of the laws of 1977, is amended to read as
follows:
Programs of the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities.
S 16. The section heading of section 13.17 of the mental hygiene law,
as added by chapter 978 of the laws of 1977, is amended to read as
follows:
Programs, services, and operations of facilities in the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities.
S 17. Subdivisions (a) and (d) of section 13.19 of the mental hygiene
law, subdivision (a) as amended by chapter 307 of the laws of 1979 and
subdivision (d) as added by chapter 978 of the laws of 1977, are amended
to read as follows:
(a) The commissioner may, within the amounts appropriated therefor,
appoint and remove in accordance with law and applicable rules of the
state civil service commission, such officers and employees of the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities and school and facility officers and employees who are desig-
nated managerial or confidential pursuant to article fourteen of the
civil service law as are necessary for efficient administration.
(d) The use of volunteers at facilities in the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities shall be
A. 11197 7
encouraged. The commissioner may establish regulations governing such
volunteer services.
S 18. The section heading and subdivisions (a) and (c) of section
13.21 of the mental hygiene law, the section heading and subdivision (c)
as added by chapter 978 of the laws of 1977 and subdivision (a) as
amended by chapter 538 of the laws of 1987, are amended to read as
follows:
Directors of schools in the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities.
(a) The director of a school in the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities shall be appointed by the
commissioner and shall be its chief executive officer. The director of a
school shall be the director of the developmental disabilities services
office serving the areas designated by the commissioner in regulation,
and in such context, the term facility shall also refer to such develop-
mental disabilities services office. Each such director shall be in the
non-competitive class and designated as confidential as defined by
subdivision two-a of section forty-two of the civil service law and
shall serve at the pleasure of the commissioner. Except for school and
facility officers and employees for which subdivision (a) of section
13.19 of this article makes the commissioner the appointing and removing
authority, the director of a school shall have the power, within amounts
appropriated therefor, to appoint and remove in accordance with law and
applicable rules of the state civil service commission such officers and
employees of the facility of which he OR SHE is director as are neces-
sary for its efficient administration. He OR SHE shall in exercising his
OR HER appointing authority take, consistent with article twenty-three-A
of the correction law, all reasonable and necessary steps to insure that
any such person so appointed has not previously engaged in any act in
violation of any law which could compromise the health and safety of
patients in the facility of which he OR SHE is director. He OR SHE
shall manage the facility, and administer its personnel system, subject
to applicable law, the regulations of the commissioner, and the rules of
the state civil service commission. Before the commissioner shall issue
any such regulation or any amendment or revision thereof, he OR SHE
shall consult with the directors of schools in the office regarding its
suitability. The director shall maintain effective supervision of all
parts of the facility and over all persons employed therein or coming
thereon and shall generally direct the care and treatment of patients.
Directors presently serving at facilities of the office shall continue
to serve under the terms of their original appointment.
(c) In any investigation into the treatment and care of patients or
the conduct, performance, or neglect of duty of officers or employees,
the director of a school in the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities shall be authorized to subpoena
witnesses, compel their attendance, administer oaths to witnesses, exam-
ine witnesses under oath, and require the production of any books or
papers deemed relevant to the inquiry or investigation. A subpoena
issued under this section shall be regulated by the civil practice law
and rules.
S 19. Subdivisions (b) and (d) of section 13.27 of the mental hygiene
law, as added by chapter 978 of the laws of 1977, are amended to read as
follows:
(b) Fire mutual aid. In cooperation with the development and operation
of plans for mutual aid in cases of fire and other public emergencies,
the director of a facility in the office [of mental retardation and] FOR
A. 11197 8
PEOPLE WITH developmental disabilities, with the approval of the commis-
sioner, may authorize the fire department of the facility to furnish aid
to such territory surrounding the facility as may be practical in cases
of fire and such emergencies, having due regard to the safety of the
patients and property of the facility and to engage in practice and
training programs in connection with the development and operation of
such mutual aid plans.
(d) Laboratory services. Subject to the commissioner's regulations,
the director may agree to make the laboratory service of a facility in
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities available to adjacent local governments and may receive,
apply, and spend money for the extension of laboratory service according
to the terms of the agreement as approved by the commissioner.
S 20. Subdivisions (a) and (c) of section 13.29 of the mental hygiene
law, as added by chapter 978 of the laws of 1977, are amended to read as
follows:
(a) The commissioner, on behalf of the state and if in the public
interest, shall accept, hold in trust, administer, apply, execute, or
use gifts, devises, bequests, grants, powers, or trusts of personal or
real property made to the state, the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities, a facility within the
office, the commissioner, or the directors or visitors of facilities
which are to be used or may be used for purposes of the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities,
including, but not limited to, the maintenance, support, or benefit of
one or more patients in a facility.
(c) Subdivisions (a) and (b) of this section apply to gifts, devises,
bequests, grants, powers, or trusts given to, received, or applied by
the state, the commissioner, the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities, or facilities thereof and prede-
cessor officers, agencies, or facilities prior to as well as subsequent
to the enactment of this section.
S 21. The opening paragraph and paragraph 1 of subdivision (a) of
section 13.31 of the mental hygiene law, as added by chapter 978 of the
laws of 1977, are amended to read as follows:
The commissioner, or the officer or employee of the office designated
by him OR HER, shall:
1. Receive and turn over to the comptroller for liquidation all bonds,
notes, mortgages, trust funds, and other securities and obligations
belonging to the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities or any subdivision thereof, except such as
may have come into the possession of the said office or any subdivision
thereof on account of or for the payment of charges for the care, main-
tenance, and treatment after January first, nineteen hundred sixty-four
of patients at those mental hygiene facilities as defined in section
three of the facilities development corporation act which are under his
OR HER jurisdiction, in which case the same shall be turned over to the
commissioner of taxation and finance as agent for the facilities devel-
opment corporation for liquidation, and he OR SHE shall have the author-
ity to transfer all such securities and evidences of indebtedness and to
execute on behalf of the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities or any of its facilities or the facili-
ties development corporation a satisfaction and release thereof.
S 22. Paragraph 2 of subdivision (i) and subdivision (m) of section
13.33 of the mental hygiene law, paragraph 2 of subdivision (i) as
A. 11197 9
amended by chapter 14 of the laws of 1990 and subdivision (m) as amended
by chapter 118 of the laws of 1991, are amended to read as follows:
(2) Any member or members of the board may visit and inspect a commu-
nity residence operated by the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities, which is within the catchment
area of the school on the board of which such member or members serve.
Such member or members shall be granted access to such facility and to
all books, records and data pertaining to such facility deemed necessary
for carrying out the purposes of such visit and inspection. Information,
books, records or data which are confidential as provided by law shall
be kept confidential and any limitations on the release thereof imposed
by law upon the party furnishing the information, books, records or data
shall apply to such member or members of the board. After any such
visits or inspection, a report containing findings and recommendations
shall be submitted promptly to the commissioner and to the chairman of
the state commission on quality of care [for the mentally disabled] AND
ADVOCACY FOR PERSONS WITH DISABILITIES.
(m) Members of the boards of visitors shall be considered officers of
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities for the purposes of sections seventy-three, to the extent
provided therein, and seventy-four of the public officers law relating
to business or professional activities by state officers and employees
and the code of ethics.
S 23. Subdivision (a) of section 13.39 of the mental hygiene law, as
added by chapter 800 of the laws of 1986, is amended to read as follows:
(a) Notwithstanding any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction of the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities
shall furnish annually to the commissioner a list of the names and
addresses of the current members of the board of directors or trustees
of such facility or corporation. Failure to furnish such annual list
shall remove such facility or corporation from consideration for recer-
tification.
S 24. Paragraph 3 of subdivision (b) of section 15.07 of the mental
hygiene law, as amended by chapter 789 of the laws of 1985, is amended
to read as follows:
3. the right of the resident to communicate with the director, the
board of visitors, the commissioner of [mental retardation and] develop-
mental disabilities, and the mental hygiene legal service.
S 25. Section 16.00 of the mental hygiene law, as added by chapter 786
of the laws of 1983, is amended to read as follows:
S 16.00 Regulation and quality control of services for [the mentally
retarded and developmentally disabled] INDIVIDUALS WITH DEVEL-
OPMENTAL DISABILITIES.
This article sets forth provisions enabling the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities to regulate and assure the consistent high quality of services
provided within the state to its [mentally retarded and developmentally
disabled citizens] CITIZENS WITH DEVELOPMENTAL DISABILITIES. The commis-
sioner may adopt and promulgate any regulation reasonably necessary to
implement and effectively exercise the powers and perform the duties
conferred by this article. This article shall govern the operation of
programs, provision of services and the facilities hereinafter described
and the commissioner's powers and authority with respect thereto, and
A. 11197 10
shall supersede, as to such matters, sections of article thirty-one that
are inconsistent with the provisions of this chapter.
ANY PROVISIONS OF THIS ARTICLE WHICH EXPLICITLY OR IMPLICITLY APPLY
TO, OR REFERENCE, PERSONS WHO ARE MENTALLY RETARDED, SHALL BE DEEMED TO
APPLY TO, OR REFERENCE, PERSONS WITH DEVELOPMENTAL DISABILITIES.
S 26. Paragraph 4 of subdivision (b) of section 16.17 of the mental
hygiene law, as amended by chapter 169 of the laws of 1992, is amended
to read as follows:
(4) The facility operator, within ten days of the date when the emer-
gency suspension or limitation pursuant to paragraph one of this subdi-
vision is first imposed, may request an evidentiary hearing to contest
the validity of the emergency suspension or limitation. Such an eviden-
tiary hearing shall commence within ten days of the facility operator's
request and no request for an adjournment shall be granted without the
concurrence of the facility operator, office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities, and the hearing officer. The
evidentiary hearing shall be limited to those violations of federal and
state law and regulations that existed at the time of the emergency
suspension or limitation and which gave rise to the emergency suspension
or limitation. The emergency suspension or limitation shall be upheld
upon a determination that the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities had reasonable cause to believe
that a client's health or safety was in imminent danger. A record of
such hearing shall be made available to the facility operator upon
request. Should the commissioner determine to revoke, suspend or limit
the facility's operating certificate pursuant to subdivision (a) of this
section, no administrative hearing on that action shall commence prior
to the conclusion of the evidentiary hearing. The commissioner shall
issue a ruling within ten days after the receipt of the hearing offi-
cer's report.
S 27. Subdivision (d) of section 16.27 of the mental hygiene law, as
added by chapter 611 of the laws of 1981 and such section as renumbered
by chapter 786 of the laws of 1983, is amended to read as follows:
(d) This section shall apply only to the facilities under the juris-
diction of the office [of mental retardation and] FOR PEOPLE WITH devel-
opmental disabilities. Reference to the commissioner in this section
shall mean the commissioner of [the office of mental retardation and]
developmental disabilities.
S 28. Subparagraphs (I) and (II) of paragraph 2 of subdivision (i) of
section 29.15 of the mental hygiene law, as amended by chapter 534 of
the laws of 2006, are amended to read as follows:
(I) A patient about to be discharged or conditionally released from a
department facility licensed or operated by the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities or from an inpa-
tient facility operated or licensed by the office of [alcohol] ALCOHOL-
ISM and substance abuse services or the office of mental health to an
adult home or residence for adults, as defined in section two of the
social services law, shall be referred only to such home or residence
that is consistent with that patient's needs and that operates pursuant
to section four hundred sixty of the social services law, provided
further that: (A) for a department facility licensed or operated by the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities or for an inpatient facility operated by the office of [alco-
hol] ALCOHOLISM and substance abuse services or the office of mental
health, the facility director retains authority to determine whether the
home, program or residence is consistent with that patient's needs and
A. 11197 11
(B) such referral shall be made to the patient's home county whenever
possible or appropriate.
(II) No patient about to be discharged or conditionally released from
a department facility licensed or operated by the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities or from an
inpatient facility operated or licensed by the office of [alcohol] ALCO-
HOLISM and substance abuse services or the office of mental health shall
be referred to any adult home or residence for adults, as defined in
section two of the social services law, which has received an official
written notice from the department of health of: (A) the proposed revo-
cation, suspension or denial of its operating certificate; (B) the limi-
tation of its operating certificate with respect to new admissions; (C)
the issuance of a department of health order or commissioner of health's
order or the seeking of equitable relief pursuant to section four
hundred sixty-d of the social services law; (D) the proposed assessment
of civil penalties for violations of the provisions of subparagraph two
of paragraph (b) of subdivision seven of section four hundred sixty-d of
the social services law; or placement on the "do not refer list" pursu-
ant to subdivision fifteen of section four hundred sixty-d of the social
services law. Referrals may resume when such enforcement actions are
resolved.
S 29. Section 29.20 of the mental hygiene law, as added by chapter 425
of the laws of 1991, is amended to read as follows:
S 29.20 In-patient nasogastric feeding procedures.
The commissioners of the [offices] OFFICE of mental health and [mental
retardation and] THE OFFICE FOR PEOPLE WITH developmental disabilities
of the department shall each promulgate and administer regulations and
policies governing the maximum size of nasogastric feeding tubes with
the principal purposes of protecting patients from undue discomfort, for
the benefit of any patient in a facility subject to the jurisdiction of
the commissioners.
S 30. The opening paragraph and subdivision 4 of section 29.29 of the
mental hygiene law, as amended by chapter 24 of the laws of 2007, are
amended to read as follows:
The commissioners of the [offices] OFFICE of mental health and [mental
retardation and] THE OFFICE FOR PEOPLE WITH developmental disabilities
of the department shall establish policies and uniform procedures for
their respective offices for the reporting, compilation, and analysis of
incident reports. Incident reports shall, for the purposes of this chap-
ter, mean reports of accidents and injuries affecting patient health and
welfare at facilities. These policies and procedures shall include but
shall not be limited to:
4. Each facility shall aggregate its data monthly for the director and
that aggregated information shall be submitted, at least semi-annually
to the commissioner of the office of mental health and to the commis-
sioner of the office [of mental retardation and] FOR PEOPLE WITH devel-
opmental disabilities.
S 31. Subdivision 6 of section 29.29 of the mental hygiene law is
REPEALED.
S 32. The section heading, the opening paragraph of subdivision (a)
and subdivisions (b) and (c) of section 33.02 of the mental hygiene law,
the section heading as added by chapter 325 of the laws of 1985, the
opening paragraph of subdivision (a) as amended by chapter 401 of the
laws of 2006 and subdivisions (b) and (c) as amended by chapter 306 of
the laws of 1995, are amended to read as follows:
A. 11197 12
Notice of rights of [the mentally disabled] INDIVIDUALS WITH MENTAL
DISABILITIES.
In order to ensure that residents of facilities or programs operated
or licensed by the office of mental health and facilities or programs
operated or certified by the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities are treated consistently with the
laws and regulations assuring quality care, the commissioner of the
office of mental health and the commissioner of the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities shall
promulgate regulations informing residents of their rights under law.
Such regulations shall include, but not be limited to, informing resi-
dents that they have the right to:
(b) The foregoing rights may not be limited as a punishment or for the
convenience of staff. Any limitation on the rights enumerated shall be
permitted for an individual resident of a hospital operated or licensed
by the office of mental health or developmental center operated by the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities only upon written order of a physician in the resident's clin-
ical record stating the clinical justification for such limitation and
the specific period of time such limitation shall remain in effect. Any
limitation on the rights enumerated shall be permitted for an individual
resident of any other residential facility or program operated or
licensed by the office of mental health or operated or certified by the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities only upon written order by the director or chief executive
officer of such facility or program upon receipt of a recommendation by
the treating practitioner as defined by paragraph seven of subdivision
(a) of section 33.16 of this article with such order to be placed in the
resident's clinical record stating the clinical justification for such
limitation and the specific period of time such limitation shall remain
in effect.
(c) The commissioners and the facility director shall ensure that a
notice of the rights included in regulations promulgated pursuant to
this section is posted in each ward or living area of every hospital
operated or licensed by the office of mental health and every develop-
mental center operated by the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities, and that such notice is provided
to every individual resident of any other residential facility or
program operated or licensed by the respective offices upon admission to
such facility or program, upon limitation on any right, or at the indi-
vidual's request. The notice shall include the address and telephone
numbers of the office of the facility director or such person's designee
responsible for receiving questions or complaints, the board of visitors
if applicable, the mental hygiene legal service and the commission on
quality of care [for the mentally disabled] AND ADVOCACY FOR PERSONS
WITH DISABILITIES.
S 33. Subdivision (e) of section 33.07 of the mental hygiene law, as
added by chapter 709 of the laws of 1986, is amended to read as follows:
(e) A mental hygiene facility which is a representative payee for a
patient pursuant to designation by the social security administration or
which assumes management responsibility over the funds of a patient,
shall maintain such funds in a fiduciary capacity to the patient. The
commissioners of mental health and [mental retardation and] develop-
mental disabilities shall develop standards regarding the management of
patient funds.
A. 11197 13
S 34. Subdivision (c) of section 33.09 of the mental hygiene law, as
amended by chapter 690 of the laws of 1989, is amended to read as
follows:
(c) The provisions of the workers' compensation law, the unemployment
insurance law, and articles thirteen, nineteen, and twenty of the labor
law shall not apply to any patient in a facility with respect to his
participation in a sheltered workshop program, provided, however, that
participants in sheltered workshop programs operated by the office of
mental health, the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities or voluntary agencies or institutional worker
programs operated by the office of mental health shall be eligible for
workers' compensation benefits (excluding benefits provided pursuant to
article nine of the workers' compensation law) if such offices or agen-
cies elect to provide such benefits. Sheltered workshops operated at
department facilities shall be subject to the laws and regulations
applicable to sheltered workshops operated by voluntary agencies.
S 35. Section 33.11 of the mental hygiene law, as amended by chapter
345 of the laws of 1985, is amended to read as follows:
S 33.11 Education for [mentally disabled] children WITH MENTAL DISABILI-
TIES.
The office of mental health and the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities shall provide the same educa-
tion for patients in office of mental health hospitals and residents in
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities schools who are between the ages of five and twenty-one which
they would otherwise be entitled to receive in their local school
districts pursuant to article eighty-nine of the education law. The cost
of such education shall be a charge upon and shall be paid by the office
of mental health or the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities when received within such a hospital or
school by a patient or resident therein. Such education shall be adapted
to the mental attainments of such children. Provided, however, that such
children as can benefit therefrom shall be admitted to the schools of
the school district in which such hospital or school is located in
accordance with regulations of the commissioner of education developed
in consultation with the commissioners of mental health and [mental
retardation and] developmental disabilities. The cost of such instruc-
tion less the [State] STATE aid attributed to such child, shall be a
charge upon the school district in which the child resided at the time
of admission to the [State] STATE hospital or school, except in those
cases as provided in paragraph c of subdivision five of section thirty-
two hundred two of the education law.
S 36. Section 33.12 of the mental hygiene law, as added by chapter 345
of the laws of 1985, is amended to read as follows:
S 33.12 Hearing evaluation.
The office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities shall provide suitable hearing evaluations periodically for
the residents in state schools. Upon the ascertainment that any resident
so evaluated is deaf or hard of hearing, it shall be the duty of the
office to provide suitable remedial efforts, to include, but not be
limited to, hearing aids, alternative forms of communication and audito-
ry training to overcome this handicap and to ascertain the true level of
intelligence of such residents.
S 37. Subdivision (a) and paragraph 10 of subdivision (c) of section
33.13 of the mental hygiene law, subdivision (a) as amended by chapter
A. 11197 14
571 of the laws of 2005 and paragraph 10 of subdivision (c) as amended
by chapter 230 of the laws of 2008, are amended to read as follows:
(a) A clinical record for each patient or client shall be maintained
at each facility licensed or operated by the office of mental health or
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities, hereinafter referred to as the offices. For the purposes
of this section, the term "facility" shall mean "facility" as such term
is defined in section 1.03 of this chapter, provided, however, such term
shall also include any provider of services for [persons] INDIVIDUALS
with mental illness[, mental retardation] or developmental disabilities
which is operated by, under contract with, receives funding from, or is
otherwise approved to render services by, a director of community
services pursuant to article forty-one of this chapter or one or both of
the offices, including any such provider which is exempt from the
requirement for an operating certificate under article sixteen or arti-
cle thirty-one of this chapter. The record shall contain information on
all matters relating to the admission, legal status, care, and treatment
of the patient or client and shall include all pertinent documents
relating to the patient or client. The commissioners of such offices, by
regulation, each shall determine the scope and method of recording
information, including data pertaining to admission, legal matters
affecting the patient or client, records and notation of course of care
and treatment, therapies, restrictions on patient's or client's rights,
periodic examinations, and such other information as he or she may
require.
10. to a correctional facility, when the chief administrative officer
has requested such information with respect to a named inmate of such
correctional facility as defined by subdivision three of section forty
of the correction law or to the division of parole, when the division
has requested such information with respect to a person under its juris-
diction or an inmate of a state correctional facility, when such inmate
is within four weeks of release from such institution to the jurisdic-
tion of the division of parole. Information released pursuant to this
paragraph may be limited to a summary of the record, including but not
limited to: the basis for referral to the facility; the diagnosis upon
admission and discharge; a diagnosis and description of the patient's or
client's current mental condition; the current course of treatment,
medication and therapies; and the facility's recommendation for future
mental hygiene services, if any. Such information may be forwarded to
the department of correctional services staff in need of such informa-
tion for the purpose of making a determination regarding an inmate's
health care, security, safety or ability to participate in programs. In
the event an inmate is transferred, the sending correctional facility
shall forward, upon request, such summaries to the chief administrative
officer of any correctional facility to which the inmate is subsequently
incarcerated. The office of mental health and the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities, in consul-
tation with the commission of correction and the division of parole,
shall promulgate rules and regulations to implement the provisions of
this paragraph.
S 38. Subdivision (d) of section 33.16 of the mental hygiene law, as
amended by chapter 223 of the laws of 1992, is amended to read as
follows:
(d) Clinical records access review committees. The commissioner of
mental health, the commissioner of [mental retardation and] develop-
mental disabilities and the commissioner of alcoholism and substance
A. 11197 15
abuse services shall appoint clinical record access review committees to
hear appeals of the denial of access to patient or client records as
provided in paragraph four of subdivision (c) of this section. Members
of such committees shall be appointed by the respective commissioners.
Such clinical record access review committees shall consist of no less
than three nor more than five persons. The commissioners shall promul-
gate rules and regulations necessary to effectuate the provisions of
this subdivision.
S 39. Paragraph 1 of subdivision (a) and paragraph 2 of subdivision
(e) of section 41.34 of the mental hygiene law, paragraph 1 of subdivi-
sion (a) as amended by chapter 1025 of the laws of 1981 and paragraph 2
of subdivision (e) as added by chapter 823 of the laws of 1992, are
amended to read as follows:
(1) "Community residential facility for the disabled" means a support-
ive living facility with four to fourteen residents or a supervised
living facility subject to licensure by the office of mental health or
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities which provides a residence for up to fourteen [mentally
disabled persons] INDIVIDUALS WITH MENTAL DISABILITIES, including resi-
dential treatment facilities for children and youth.
(2) The office of mental health and the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities shall not issue an oper-
ating certificate for the operation of a supportive living facility or a
supervised living facility of more than fourteen residents if the agency
or unit of government, voluntary agency or any other person or organiza-
tion which intends to establish or operate such a facility does not
notify the chief executive officer of the municipality in which that
facility is to be established in writing of the intention to establish
such facility and include in such notice the specific address of the
site, the type of residence, the number of residents and the community
support requirements of the program; provided, however, that nothing
contained in this paragraph shall either be construed to require facili-
ties of more than fourteen beds to meet any other requirement of this
section, or to deem such facilities family units for the purposes of
local laws and ordinances.
S 40. Paragraphs 1, 2 and 5 of subdivision (a) of section 41.36 of the
mental hygiene law, paragraphs 1 and 5 as added by chapter 809 of the
laws of 1980 and paragraph 2 as amended by chapter 262 of the laws of
1992, are amended to read as follows:
1. "Community residential facility" means any facility subject to
licensure by the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities which provides a supervised residence or
residential respite services for [mentally disabled persons] INDIVIDUALS
WITH MENTAL DISABILITIES. Such term does not include family care homes.
2. "Reimbursable services" means services, other than intermediate
care services, comprehensive medicaid case management and personal care
services for which funding is available under Title XIX of the federal
social security act, provided at a community residential facility
described by regulations of the commissioner of [mental retardation and]
developmental disabilities for which fees or rates may be paid to a
provider of services pursuant to this section.
5. "Commissioner" means the commissioner of [mental retardation and]
developmental disabilities.
S 41. The opening paragraph of subdivision (a) of section 41.39 of the
mental hygiene law, as added by chapter 515 of the laws of 1992, is
amended to read as follows:
A. 11197 16
The commissioner of mental health and the commissioner of [mental
retardation and] developmental disabilities shall, consistent with the
state integrated employment implementation plan developed pursuant to
subdivision two of section one thousand four-b of the education law, and
subject to appropriations made therefor, to develop and support services
that provide individuals with mental disabilities the opportunity to
learn and develop employment related skills and work experience, includ-
ing but not limited to sheltered workshops and integrated employment
opportunities, including supported employment, as provided pursuant to
sections one thousand four-a and one thousand four-b of the education
law. Such programs shall, to the extent possible:
S 42. Subdivisions (a) and (c) of section 41.43 of the mental hygiene
law, as amended by chapter 552 of the laws of 1992, are amended to read
as follows:
(a) The commissioner of the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities, directly or through contract,
and within amounts made available therefor, shall establish a family-di-
rected, statewide system of comprehensive family support services. The
purpose of family support services will be to enhance a family's ability
to provide in-home care to their family members with a developmental
disability.
(c) For purposes of this section, family supports are goods, services,
and subsidies, determined by the family and the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities, which are provided to meet the goals of: (i) providing a qual-
ity of life comparable, to the extent practicable, to that of similarly
situated families without a family member having a developmental disa-
bility; (ii) maintaining family unity; (iii) preventing premature or
inappropriate out-of-home placement; (iv) reuniting families; (v)
enhancing parenting skills; and (vi) maximizing the potential of the
family member with a developmental disability.
S 43. Section 41.46 of the mental hygiene law, as amended by chapter
669 of the laws of 1995, is amended to read as follows:
S 41.46 Disclosure by members, officers and employees.
In the event that an agency licensed by the office [of mental retarda-
tion and] FOR PEOPLE WITH developmental disabilities, the office of
mental health or the office of alcoholism and substance abuse services
enters into an agreement or has entered into an agreement for the
purchase, lease, rehabilitation or improvement of real property or a
cooperative share in real property, any employee who receives an annual
salary in excess of thirty thousand dollars, or any board member, or
officer of such agency who has a direct or indirect interest either
financial or beneficial in such property including the interest of any
person for whom he or she is related by consanguinity or affinity, shall
disclose such interest prior to the making of such agreement or at the
time of acquisition of such interest. Disclosure pursuant to this
section shall be made in writing to the board of directors of such agen-
cy and shall indicate the material facts as to the member's, officer's,
employee's or relative's interest in such property or cooperative share.
Such disclosure shall be filed with the secretary of the corporation and
entered on the minutes of a meeting of the board. Such disclosure shall
also be forwarded in writing to the appropriate commissioner and to the
director of community services of the local governmental unit within
which the property or cooperative share is located prior to the approval
of public funding related to the property or cooperative share which is
A. 11197 17
the subject of disclosure made pursuant to this section or at the time
of the acquisition of such interest, whichever occurs later.
S 44. Subdivisions (a) and (c) of section 41.48 of the mental hygiene
law, as added by chapter 365 of the laws of 1987, are amended to read as
follows:
(a) Notwithstanding any inconsistent provision of this article and
within appropriations made therefor, the commissioners of the [offices]
OFFICE of mental health and [mental retardation and] THE OFFICE FOR
PEOPLE WITH developmental disabilities are authorized upon the applica-
tion of voluntary agencies, to make payments for the reasonable price of
options to acquire an interest in real property, for the purpose of
establishing a community mental hygiene facility. Such applications
shall be made in the manner and on forms prescribed by the appropriate
commissioner. Sellers of real property who are required to disclose
financial or other beneficial interests in such property under section
41.46 of this article shall not be eligible to receive payments under
this section.
(c) As used in this section the term "reasonable price" shall mean an
amount that is not in excess of guidelines developed by the commissioner
of the office of mental health or [mental retardation and] THE COMMIS-
SIONER OF THE OFFICE FOR PEOPLE WITH developmental disabilities and
approved by the director of the budget and the state comptroller.
S 45. Section 43.02 of the mental hygiene law, as amended by chapter
558 of the laws of 1999, is amended to read as follows:
S 43.02 Rates or methods of payment for services at facilities subject
to licensure or certification by the office of mental
health, the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities or the office of alcoholism
and substance abuse services.
(a) Notwithstanding any inconsistent provision of law, payment made by
government agencies pursuant to title eleven of article five of the
social services law for services provided by any facility licensed by
the office of mental health pursuant to article thirty-one of this chap-
ter or licensed or operated by the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities pursuant to article sixteen
of this chapter or certified by the office of alcoholism and substance
abuse services pursuant to this chapter to provide inpatient chemical
dependence services, as defined in section 1.03 of this chapter, shall
be at rates or fees certified by the commissioner of the respective
office and approved by the director of the division of the budget,
provided, however, the commissioner of mental health shall annually
certify such rates or fees which may vary for distinct geographical
areas of the state and, provided, further, that rates or fees for
service for inpatient psychiatric services or inpatient chemical depend-
ence services, at hospitals otherwise licensed pursuant to article twen-
ty-eight of the public health law shall be established in accordance
with section two thousand eight hundred seven of the public health law.
(b) Operators of facilities licensed by the office of mental health
pursuant to article thirty-one of this chapter, licensed by the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities
pursuant to article sixteen of this chapter or certified by the office
of alcoholism and substance abuse services pursuant to this chapter to
provide inpatient chemical dependence services shall provide to the
commissioner of the respective office such financial, statistical and
program information as the commissioner may determine to be necessary.
A. 11197 18
The commissioner of the appropriate office shall have the power to
conduct on-site audits of books and records of such facilities.
(c) The commissioner of the office of mental health, the commissioner
of the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities and the commissioner of the office of alcoholism and
substance abuse services shall adopt rules and regulations to effectuate
the provisions of this section. Such rules and regulations shall
include, but not be limited to, provisions relating to:
(i) the establishment of a uniform statewide system of reports and
audits relating to the quality of care provided, facility utilization
and costs of providing services; such a uniform statewide system may
provide for appropriate variation in the application of the system to
different classes or subclasses of facilities licensed by the office of
mental health pursuant to article thirty-one of this chapter or licensed
or operated by the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities pursuant to article sixteen of this chapter,
or certified by the office of alcoholism and substance abuse services
pursuant to this chapter to provide inpatient chemical dependence
services; and
(ii) methodologies used in the establishment of the schedules of rates
or fees pursuant to this section.
S 46. Subdivision 1 and paragraph (c) of subdivision 2 of section
43.04 of the mental hygiene law, subdivision 1 as amended by section 187
of part A of chapter 389 of the laws of 1997, paragraph (c) of subdivi-
sion 2 as amended by section 108 of part A of chapter 56 of the laws of
1998 and subparagraph (iii) of paragraph (c) of subdivision 2 as added
by section 3 of part D of chapter 58 of the laws of 2007, are amended to
read as follows:
1. For purposes of this section, provider of services shall refer to
(i) those providers as defined by subdivision five of section 1.03 of
this chapter which are licensed by the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities pursuant to article
sixteen of this chapter as intermediate care facilities for [persons who
are developmentally disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
TIES, providers of day treatment services or specialty hospitals, except
that on and after December first, nineteen hundred ninety-seven, provid-
er of services shall not include specialty hospitals, and (ii), for
purposes of paragraph (c) of subdivision two of this section only, the
term provider of services, shall mean, and for purposes of this subdivi-
sion shall include, the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities as the operator of intermediate care
facilities for [persons who are developmentally disabled] INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES. Providers of services are charged
assessments on their gross receipts received from services and care
related to intermediate care facilities, day treatment services, or
specialty hospitals until November thirtieth, nineteen hundred ninety-
seven, for [persons who are developmentally disabled] INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES and other operating income, less personal
needs allowances and refunds, on a cash basis in the percentage amounts
and for the periods specified in subdivision two of this section. Such
assessments shall be submitted by or on behalf of such providers of
services to the commissioner of the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities or HIS OR her designee.
(c) (i) For the provider of services as set forth in clause (ii) of
subdivision one of this section in the category of intermediate care
facilities for [persons who are developmentally disabled] INDIVIDUALS
A. 11197 19
WITH DEVELOPMENTAL DISABILITIES operated by the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities, the assessment
shall be six-tenths of one percent of the gross receipts received for
all services rendered within such service category on a cash basis
beginning April first, nineteen hundred ninety-five and ending March
thirty-first, two thousand one.
(ii) For the provider of services as set forth in clause (ii) of
subdivision one of this section in the category of intermediate care
facilities for [persons who are developmentally disabled] INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES operated by the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities, an additional
assessment shall be two and four-tenths percent of the gross receipts
for all services rendered within such service category on a cash basis
beginning April first, nineteen hundred ninety-five; provided, however,
such additional assessment shall be five and four-tenths percent of the
gross receipts received for all services rendered within such service
category on a cash basis beginning April first, nineteen hundred nine-
ty-six and ending March thirty-first, two thousand one.
(iii) For each provider of services as set forth in clause (ii) of
subdivision one of this section in the category of intermediate care
facilities for [persons who are developmentally disabled] INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES operated by the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities, notwithstanding
any other provision of this paragraph, the total assessment shall be six
percent of the provider's gross receipts received on a cash basis for
all services rendered, beginning April first, two thousand one, and five
and five-tenths percent of the provider's gross receipts received on a
cash basis for all services rendered, beginning January first, two thou-
sand eight.
S 47. Section 43.12 of the mental hygiene law, as added by chapter 305
of the laws of 2007, is amended to read as follows:
S 43.12 Electronic submission of periodic cost reports to the office [of
mental retardation and] FOR PEOPLE WITH developmental disabil-
ities.
Notwithstanding any provision of law, rule or regulation to the
contrary, every operator of a facility which is licensed by the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities
(hereinafter "office") and every provider of services which is subject
to the regulation or control of the office shall submit electronically,
via the internet, any annual cost report which is required to be submit-
ted to the office pursuant to the provisions of section 43.02 of this
article and any rules and regulations promulgated thereunder and any
other required periodic cost report or accounting which may be
prescribed by the commissioner of [mental retardation and] developmental
disabilities as subject to such electronic submission. The office shall
publish and make available at all times on its website instructions for
the submission of such reports or accountings via the internet, includ-
ing instructions relating to the use of an electronic signature as may
be required by the commissioner of [mental retardation and] develop-
mental disabilities which signature shall be subject to, and submitted
in accordance with, the provisions of the state technology law and any
rules and regulations promulgated thereunder. Any operator or provider
of services that is unable to submit such cost report or accounting in
accordance with this section may apply for a waiver of such required
submission from the commissioner of [mental retardation and] develop-
mental disabilities. The commissioner of [mental retardation and] devel-
A. 11197 20
opmental disabilities may grant a waiver for any given submission to
such operator or provider of services for good cause shown and may grant
a general waiver to all operators or providers of services with respect
to any required submission. On and after the effective date of this
section, any contract entered into between the office and a provider of
services which involves the provision of services to persons with
[mental retardation and] developmental disabilities and which contains
provisions that require the submission of any periodic report or
accounting may also contain provisions that require the submission of
any periodic cost report or accounting required under such contract to
be submitted electronically as set forth in this section.
S 48. Paragraphs (a) and (b) of subdivision 2 of section 1 of chapter
455 of the laws of 2007 relating to the use of certain language and
terminology when dealing with certain issues, are amended to read as
follows:
(a) avoid language that (i) implies that a person as a whole is disa-
bled (e.g., the mentally ill or the learning disabled), (ii) equates
persons with their condition (e.g., epileptics, autistics or quadrapleg-
ics, (iii) has negative overtones (e.g., afflicted with cerebral palsy,
suffering from multiple sclerosis, confined to a wheelchair or wheel-
chair bound) or (iv) is regarded as derogatory or demeaning (e.g., hand-
icapped [or], mentally deficient, MENTAL RETARDATION OR MENTALLY
RETARDED, UNLESS SUCH TERM IS USED FOR CLINICAL PURPOSES AS DEFINED IN
SECTION 1.03 OF THE MENTAL HYGIENE LAW); and
(b) replace non-respectful language by referring to persons with disa-
bilities as persons first (e.g., individuals with disabilities, individ-
uals with developmental disabilities, individuals with mental illness,
OR individuals with autism [or individuals with mental retardation]).
S 49. Terms occurring in laws, contracts and other documents. Whenev-
er the functions, powers, obligations, duties and officials relating to
the office of mental retardation and development disabilities or the
commissioner of the office of mental retardation and development disa-
bilities is referred to or designated in any other law, regulation,
contract or document, such reference or designation shall be deemed to
refer to the appropriate functions, powers, obligations, duties, offi-
cials and commissioner of the office for people with developmental disa-
bilities, as designated by this act.
S 50. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
S 51. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been included
herein.
S 52. This act shall take effect immediately.