S. 4467 2
persons WITH MENTAL DISABILITIES whether receiving in-patient or non
in-patient services;
d. reflect the partnership between state and local governmental units;
and
e. emphasize that gaps in services be filled and that services are
provided to [the multiply disabled] PERSONS WITH MENTAL DISABILITIES.
S 3. Subdivision (a) of section 5.09 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(a) The facilities development corporation shall be entitled to exclu-
sive possession, jurisdiction, supervision and control of all real prop-
erty held for facilities operated by any of the offices of the depart-
ment, such facilities being defined as mental hygiene facilities by
section three of the facilities development corporation act, to exclu-
sive possession, jurisdiction, supervision and control of such facili-
ties, and to all payments made for the care, maintenance and treatment
of patients at such facilities; provided, however, that the directors of
the said corporation shall make all such property and all such facili-
ties available to the commissioners and offices of the department of
mental hygiene for use in the care, maintenance, and treatment of the
mentally disabled.
The provisions of this section shall not be applicable to community
mental health and [retardation] DEVELOPMENTAL DISABILITIES facilities as
defined in section three of the facilities development corporation act
or to payments made for the care, maintenance and treatment of patients
at such community mental health and [retardation] DEVELOPMENTAL DISABIL-
ITIES facilities.
S 4. Subdivisions (c) and (g) of section 7.09 of the mental hygiene
law, subdivision (c) as amended by chapter 440 of the laws of 1987 and
subdivision (g) as amended by chapter 601 of the laws of 2007, are
amended to read as follows:
(c) The commissioner shall administer the forensic psychiatric program
of the office. Commitments to the commissioner of mental hygiene pursu-
ant to the provisions of the criminal procedure law and the correction
law shall be deemed to be commitments to the custody of the commissioner
of mental health or the commissioner of [mental retardation and] devel-
opmental disabilities, as appropriate. The commissioner of mental health
shall arrange with the commissioner of [mental retardation and] develop-
mental disabilities for the placement, where appropriate, of any such
committed person in a school.
(g) The commissioner shall work cooperatively with the commissioner of
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities and the commissioner of the office of temporary and disa-
bility assistance to assist the commissioner of education in furnishing
integrated employment services to individuals with severe disabilities,
including the development of an integrated employment implementation
plan, pursuant to article twenty-one of the education law.
S 5. Subdivision (b) of section 7.31 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(b) The provisions of this section shall not be applicable to communi-
ty mental health and [retardation] DEVELOPMENTAL DISABILITIES facili-
ties, as defined in section three of the facilities development corpo-
ration act, nor to payments made for the care, maintenance, and
treatment of patients at such community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facilities.
S. 4467 3
S 6. Subdivisions (a) and (b) of section 7.38 of the mental hygiene
law, as amended by chapter 405 of the laws of 1998, are amended to read
as follows:
(a) The office shall, in consultation with the department of social
services, the education department, the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities, and the council on
children and families, develop a plan and implement procedures to help
assure that all persons who are at the age or time to first qualify for
transitional care as described in section 7.37-a of this article, and
for whom the office has accepted planning responsibilities, receive
assistance in locating an appropriate and available residential place-
ment or plan of services, within the state and within the system of care
subject to the jurisdiction of the office, prior to the age or time at
which they would otherwise have qualified for transitional care, if such
individual had become twenty-one or become ineligible for educational
services prior to July first, nineteen hundred ninety-six. For purposes
of this section, the age or time at which a person would qualify for
transitional care is twenty-one for persons in foster care, and the end
of the school year in which they become twenty-one for persons in resi-
dential schools.
(b) The office shall, in consultation with the department of social
services, the education department, the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities, and the council on
children and families, develop a plan and implement procedures to help
assure that all persons in transitional care receive assistance in
locating appropriate and available placements or services within the
adult care systems supervised or funded by the office, and to monitor
the health and safety of persons receiving transitional funding pursuant
to section 7.37-a of this article. In connection with the plans and
procedures, the office shall establish standards governing the quality
of care provided to such persons by the residential programs, including
standards relating to the development and monitoring of written individ-
ual services plans for each such person, the involvement of the individ-
ual and, unless the individual objects, parents, guardians or other
persons interested in the care of such persons in the development of
written individual services plans, and the investigation of complaints
relating to the quality of care or services provided to such persons. In
appropriate circumstances, the office shall work with the individual
and, unless the individual objects, the parents, guardians or other
family members to help determine what services would be necessary to
enable the family to provide care for the person at their home or in an
independent community setting, and shall provide or assist in arranging
for those services to the extent funds are available for that purpose.
S 6-a. The title heading of title C of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
[MENTAL RETARDATION AND] DEVELOPMENTAL DISABILITIES ACT
S 7. The first and second undesignated paragraphs of section 13.01 of
the mental hygiene law, as amended by chapter 676 of the laws of 1994,
are amended to read as follows:
The state of New York and its local governments have a responsibility
for the prevention and early detection of [mental retardation and]
developmental disabilities and for the comprehensively planned provision
of services including care, treatment habilitation and rehabilitation of
their citizens with [mental retardation and] developmental disabilities.
Therefore, it shall be the policy of the state to conduct research and
to develop programs to further the prevention and early detection of
S. 4467 4
[mental retardation and] developmental disabilities; to develop a
comprehensive, integrated system of services which has as its primary
purposes the promotion and attainment of independence, inclusion, indi-
viduality and productivity for persons with [mental retardation and]
developmental disabilities; to serve the full range of needs of persons
with [mental retardation and] developmental disabilities by expanding
the number and types of community based services and developing new
methods of service delivery; and to improve the equity, effectiveness
and efficiency of services for persons with [mental retardation and]
developmental disabilities by serving persons in the community as well
as those in developmental centers, by improving the conditions in devel-
opmental centers, and by establishing accountability for carrying out
the policies of the state with regard to such persons.
S 8. The section heading and subdivisions (a), (c), and (f) of section
13.05 of the mental hygiene law, the section heading as amended and
subdivisions (c) and (f) as added by chapter 802 of the laws of 1986,
subdivision (a) as amended by chapter 90 of the laws of 1990 and the
opening paragraph of subdivision (c) as amended by chapter 168 of the
laws of 2010, are amended to read as follows:
[Mental retardation and developmental] DEVELOPMENTAL disabilities
advisory council.
(a) There is hereby established a [mental retardation and] develop-
mental disabilities advisory council. The council shall consist of the
commissioner, the chairman of the conference of local mental hygiene
directors or his designee, and at least thirty-three members to be
appointed by the governor. Members shall be appointed only if they have
demonstrated an active interest in or have obtained professional know-
ledge in the care of persons with [mental retardation or] developmental
disabilities or in the field of [mental retardation and] developmental
disabilities generally. The governor shall designate one of the
appointed members as chair. The council shall at all times include in
its membership representatives of community service board [mental retar-
dation and] developmental disabilities subcommittees, providers of
services and non-governmental organizations concerned with services for
[mentally retarded or developmentally disabled] persons WITH DEVELOP-
MENTAL DISABILITIES. At least one-third of the membership of the advi-
sory council shall consist of consumer representatives including persons
with developmental disabilities, or their parents or guardians.
(c) The [mental retardation and] developmental disabilities advisory
council shall have no executive, administrative or appointive duties.
The council shall have the duty to foster public understanding and
acceptance of developmental disabilities. It shall, in cooperation with
the commissioner of developmental disabilities, establish statewide
goals and objectives for services for individuals with developmental
disabilities and shall advise the commissioner on matters related to
development and implementation of the OPWDD's triennial state develop-
mental disabilities comprehensive plan as required under paragraph two
of subdivision (b) of section 5.07 of this chapter. The advisory council
shall have the power to consider any matter relating to the improvement
of the state developmental disabilities program and shall advise the
commissioner of developmental disabilities thereon and on any matter
relating to the performance of their duties with relation to individuals
with developmental disabilities and on policies, goals, budget and oper-
ation of developmental disabilities services.
1. The council shall establish such committees as deemed necessary by
the chair with advice from the commissioner. Such committees shall
S. 4467 5
consider matters related to the various service populations served, and
programs certified by the office, as well as other matters, including
planning, fiscal, and consumer affairs. The council shall prepare and
issue such reports on its activities as deemed necessary.
2. The council shall meet at least four times in each full calendar
year. The council shall meet at the request of its chair or the commis-
sioner.
(f) The council shall assist the commissioner of [mental retardation
and] developmental disabilities with the development and assessment of
the triennial state developmental disabilities plan issued by the
office. To ensure the full use of existing specialized and generic
services in the community, to ensure that all providers and appropriate
local governmental agencies are involved, and to ensure that local
services to [developmentally disabled] persons WITH DEVELOPMENTAL DISA-
BILITIES and their families are readily available and accessible, the
council shall periodically assess the local planning process and make
recommendations thereon to the commissioner and to the council for
mental hygiene planning.
S 9. Section 13.06 of the mental hygiene law, as added by chapter 367
of the laws of 1981, is amended to read as follows:
S 13.06 Annual plan.
The commissioner shall submit an annual plan to the director of the
budget for his review and approval. Such annual plan shall also be filed
with the chairman of the assembly ways and means committee and the
senate finance committee. Such plan shall identify those community resi-
dences to be converted to intermediate care facilities for [the mentally
retarded] PERSONS WITH DEVELOPMENTAL DISABILITIES. In developing such
plan, the commissioner shall utilize specific criteria, including client
eligibility criteria, fiscal criteria and such other relevant criteria
as he may deem necessary, to assess the appropriateness of such conver-
sion. The procedures contained in this plan shall be applied on a case
by case basis to individual community residential sites. No community
residence shall be so converted unless it meets such criteria.
S 10. Subdivisions (b), (c) and (e) of section 13.07 of the mental
hygiene law, subdivisions (b) and (c) as amended by chapter 676 of the
laws of 1994 and subdivision (e) as added by chapter 978 of the laws of
1977, are amended to read as follows:
(b) It shall advise and assist the governor in developing policies
designed to meet the needs of persons with [mental retardation and]
developmental disabilities and encourage their full inclusion and
participation in society.
(c) The office shall have the responsibility for seeing that persons
with [mental retardation and] developmental disabilities specified in
the foregoing subdivision are provided with services including care and
treatment, that such services are of high quality and effectiveness, and
that the personal and civil rights of persons receiving such services
are protected. The services provided shall seek to promote and attain
independence, inclusion, individuality and productivity for persons with
[mental retardation and] developmental disabilities.
(e) Consistent with the requirements of subdivision (b) of section
5.05 of this chapter, the office shall carry out the provisions of arti-
cle thirty-one OF THIS CHAPTER as such article pertains to regulation
and quality control of services for [the mentally retarded and develop-
mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES.
S. 4467 6
S 11. Subdivisions (a) and (c) of section 13.11 of the mental hygiene
law, as added by chapter 978 of the laws of 1977, are amended to read as
follows:
(a) The commissioner shall have the professional jurisdiction, super-
vision, and control of the office and all department facilities for [the
mentally retarded and developmentally disabled] PERSONS WITH DEVELOP-
MENTAL DISABILITIES.
(c) The commissioner may, within the amounts appropriated therefor,
lease space or facilities in which services for [the mentally retarded
and developmentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES
are to be provided. He may delegate this authority to the facilities
development corporation.
S 12. Section 13.13 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
S 13.13 Local services.
Local services for [the mentally retarded and developmentally disa-
bled] PERSONS WITH DEVELOPMENTAL DISABILITIES shall be planned, financed
and implemented in accordance with the provisions of article forty-one
of this chapter.
S 13. Subdivision (a) and the opening paragraph of subdivision (c) of
section 13.15 of the mental hygiene law, subdivision (a) as amended by
chapter 515 of the laws of 1992 and the opening paragraph of subdivision
(c) as amended by chapter 552 of the laws of 1978, are amended to read
as follows:
(a) The commissioner shall plan, promote, establish, develop, coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis, examination, care, treatment, rehabilitation, training, and
research for the benefit of individuals [who are mentally retarded and
developmentally disabled] WITH DEVELOPMENTAL DISABILITIES. Such programs
shall include but not be limited to in-patient, out-patient, partial
hospitalization, day care, emergency, rehabilitative, and other appro-
priate treatments and services. He shall take all actions that are
necessary, desirable, or proper to implement the purposes of this chap-
ter and to carry out the purposes and objectives of the office within
the amounts made available therefor by appropriation, grant, gift,
devise, bequest, or allocation from the mental [hygiene] HEALTH services
fund established under section ninety-seven-f of the state finance law.
The commissioner shall prepare annually for the governor, the legisla-
ture and the state commission on quality of care for the mentally disa-
bled a written evaluation report concerning the delivery of care and
services in family care homes and other community residences and
projected plans for providing and improving such homes and residences.
Such report concerning family care shall detail efforts to maintain and
improve the quality of care for [the mentally retarded and develop-
mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES in the family
care program including, but not limited to the following:
S 14. Paragraph 8 of subdivision (a) and paragraph 2 of subdivision
(b) of section 13.16 of the mental hygiene law, as added by chapter 720
of the laws of 1979, are amended to read as follows:
8. If known, the nature and amount of any interest in, or relationship
with, any other residential facility for [the mentally retarded] PERSONS
WITH DEVELOPMENTAL DISABILITIES, held by any person named in response to
subparagraph (c) of paragraph three of this subdivision or by any affil-
iate of such person.
2. "Controlling person" of any corporation, partnership or other enti-
ty means any person who by reason of a direct or indirect ownership
S. 4467 7
interest (whether of record or beneficial) has the ability, acting
either alone or in concert with others with ownership interest, to
direct or cause the direction of the management or policies of said
corporation, partnership or other entity. Neither the commissioner nor
any employee of the department nor any member of a local legislative
body of a county or municipality, nor any county or municipal official
except when acting as the administrator of a residential facility for
[the mentally retarded] PERSONS WITH DEVELOPMENTAL DISABILITIES, shall
by reason of his or her official position, be deemed a controlling
person of any corporation, partnership or other entity nor shall any
person who serves as an officer, administrator or other employee of any
corporation, partnership or other entity or as a member of a board of
directors or trustees of any corporation be deemed to be a controlling
person of such corporation, partnership or other entity as a result of
such position or his or her official actions in such position.
S 15. Subdivisions (b) and (d) of section 13.17 of the mental hygiene
law, subdivision (b) as amended by section 1 of part J of chapter 58 of
the laws of 2009 and subdivision (d) as added by chapter 978 of the laws
of 1977, are amended to read as follows:
(b) There shall be in the office the developmental disabilities
services offices named below serving the areas either currently or
previously served by a school, for the care and treatment of [the
mentally retarded and developmentally disabled] PERSONS WITH DEVELOP-
MENTAL DISABILITIES and for research and teaching in the science and
skills required for the care and treatment of such [mentally retarded
and developmentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES:
Bernard M. Fineson Developmental Disabilities Services Office
Brooklyn Developmental Disabilities Services Office
Broome Developmental Disabilities Services Office
Capital District Developmental Disabilities Services Office
Central New York Developmental Disabilities Services Office
Finger Lakes Developmental Disabilities Services Office
Institute for Basic Research in Developmental Disabilities
Hudson Valley Developmental Disabilities Services Office
Metro New York Developmental Disabilities Services Office
Long Island Developmental Disabilities Services Office
Sunmount Developmental Disabilities Services Office
Taconic Developmental Disabilities Services Office
Western New York Developmental Disabilities Services Office
Staten Island Developmental Disabilities Services Office
The New York State Institute for Basic Research in Developmental Disa-
bilities is designated as an institute for the conduct of medical
research and other scientific investigation directed towards furthering
knowledge of the etiology, diagnosis, treatment and prevention of
[mental retardation and] developmental disabilities.
(d) The commissioner may permit other offices of the department and
any public or private non-profit organization or political subdivision
of the state to operate programs for [the mentally retarded and develop-
mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES, not incon-
sistent with the programs and objectives of the office in any facility
under his jurisdiction. The commissioner may permit any facility under
his jurisdiction to operate programs for [the mentally disabled] PERSONS
WITH MENTAL DISABILITIES, not inconsistent with programs and objectives
of the department, under contracts or agreements with other offices
within the department.
S. 4467 8
S 16. Subdivision (a) of section 13.23 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(a) The commissioner shall have the power to establish such programs
of training and education related to [mental retardation and develop-
mental disability] DEVELOPMENTAL DISABILITIES as he shall deem desira-
ble.
S 17. Paragraphs a and b of subdivision 1 and paragraph a of subdivi-
sion 3 of section 13.24 of the mental hygiene law, as added by chapter
612 of the laws of 1981, are amended to read as follows:
a. "Sheltered workshops" means a program operated for the purpose of
providing sheltered employment to [mentally retarded and developmentally
disabled] persons WITH DEVELOPMENTAL DISABILITIES.
b. "Work activity and day training services" means pre-vocational
activities defined by regulation of the commissioner designed to enhance
the ability of a [mentally retarded or developmentally disabled] person
WITH A DEVELOPMENTAL DISABILITY to receive vocational rehabilitation
services.
a. Provision of equitable funding to all [developmentally disabled and
mentally retarded] individuals WITH DEVELOPMENTAL DISABILITIES which is
not dependent upon prior residence in facilities of the office.
S 18. Subdivision (b) of section 13.31 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(b) The provisions of this section shall not be applicable to communi-
ty mental health and [retardation] DEVELOPMENTAL DISABILITIES facili-
ties, as defined in section three of the facilities development corpo-
ration act, nor to payments made for the care, maintenance, and
treatment of patients at such community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facilities.
S 19. Subdivision (a) of section 13.33 of the mental hygiene law, as
amended by chapter 663 of the laws of 1995, is amended to read as
follows:
(a) Each developmental disabilities services office under the juris-
diction of the commissioner shall have a board of visitors consisting of
at least seven but not more than fourteen members; provided, however,
that the Central New York developmental disabilities services office
shall have a board of visitors consisting of at least ten, but not more
than seventeen members; and that the Finger Lakes developmental disabil-
ities services office shall have a board of visitors consisting of at
least fourteen, but not more than twenty-one members. When a school is
replaced by a developmental disabilities services office, the members of
that school's board of visitors shall continue to serve their terms as
the board of visitors for the new developmental disabilities services
office. Members appointed or reappointed after the effective date of
this chapter shall be appointed by the governor, by and with the advice
and consent of the senate. Members shall be appointed for four year
terms to expire on the thirty-first day of December of the fourth year
of the term of office provided however, when more than three terms
expire in any one year, members may be appointed for terms of fewer
years as designated by the governor so that no more than three members'
terms expire in any one year. All terms of office shall expire on the
thirty-first day of December of the designated year. A member whose term
has expired shall, however, remain in office until such member's succes-
sor has been appointed and has taken office, or until such member shall
have resigned or have been removed from office in the manner hereinafter
provided. Should any member resign or be removed from office, the
governor shall promptly submit, for senate consent, a successor candi-
S. 4467 9
date to fill the remaining term of the vacated office. A visitor may be
removed by the governor for cause after notice and an opportunity for a
hearing on the charges. In making appointments to boards of visitors,
the governor shall endeavor to ensure that the membership of each such
board shall adequately reflect the composition of the community or
communities served by the facility, that the membership of each such
board includes at least three individuals who are parents or relatives
of patients or of former patients and that the remainder includes only
those persons, including former patients, who shall have expressed an
active interest in, or shall have obtained professional knowledge in the
care of [the mentally retarded and developmentally disabled] PERSONS
WITH DEVELOPMENTAL DISABILITIES or in [mental retardation and] develop-
mental disability endeavors generally.
S 20. The section heading of section 13.37 of the mental hygiene law,
as amended by chapter 508 of the laws of 2008, is amended to read as
follows:
Powers of the office and commissioner in relation to the planning and
referral of [mentally retarded and developmentally disabled]
children WITH DEVELOPMENTAL DISABILITIES for adult services.
S 21. The second undesignated paragraph of section 15.01 of the mental
hygiene law, such section as renumbered by chapter 978 of the laws of
1977, is amended as follows:
"in need of care and treatment" means that a person [is mentally
retarded] HAS A DEVELOPMENTAL DISABILITY and would benefit from care and
treatment as a resident in a school.
S 22. Section 15.03 of the mental hygiene law, as amended by chapter
296 of the laws of 1996, is amended to read as follows:
S 15.03 Admission to a school.
Unless otherwise specifically provided for by statute, a [mentally
retarded] person WITH A DEVELOPMENTAL DISABILITY shall be admitted to a
school as a resident only pursuant to the provisions of this article.
The section of the mental hygiene law under which the resident is admit-
ted or under which any change of legal status is subsequently effected,
shall be stated in the resident's record. For the purposes of this arti-
cle, a school does not include a facility licensed as an intermediate
care facility, a community residence, or a family care home, except when
such a facility is specifically designated as a school by the commis-
sioner.
S 23. Paragraph 1 of subdivision (a) and subdivision (b) of section
15.05 of the mental hygiene law, such section as renumbered by chapter
978 of the laws of 1977, are amended to read as follows:
1. if he is a relative of the person applying for the admission or of
the person alleged to [be mentally retarded] HAVE A DEVELOPMENTAL DISA-
BILITY.
(b) A certificate, as required by this article, must show that the
person [is mentally retarded] HAS A DEVELOPMENTAL DISABILITY and shall
be based on an examination of the person alleged to [be mentally
retarded] HAVE A DEVELOPMENTAL DISABILITY made within six months prior
to the date of admission. The date of the certificate shall be the date
of such examination. All certificates shall contain the facts and
circumstances upon which the judgment of the examiners is based and
shall show that the condition of the person examined is such that he
needs care or treatment in a school and such other information as the
commissioner may by regulation require.
S. 4467 10
S 24. Subdivision (b) of section 15.13 of the mental hygiene law, as
amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(b) If such voluntary resident gives notice in writing to the direc-
tor of the resident's desire to leave the school, the director shall
promptly release the resident; provided, however, that if there are
reasonable grounds for belief that the resident may be in need of invol-
untary care and treatment, the director may retain the resident for a
period not to exceed seventy-two hours from receipt of such notice.
Before the expiration of such seventy-two hour period, the director
shall either release the resident or apply to a court of record in the
county where the school is located for an order authorizing the involun-
tary retention of such resident. The application and proceedings in
connection therewith shall be in the manner prescribed in this article
for a court authorization to retain an involuntary resident, except that
notice of such application shall be served forthwith and, if a hearing
be demanded, the date for hearing to be fixed by the court shall be at a
time not later than three days from the date such notice has been
received by the court. If it be determined by the court that the resi-
dent [is mentally retarded] HAS A DEVELOPMENTAL DISABILITY and IS in
need of retention for involuntary care and treatment in the school, the
court shall forthwith issue an order authorizing the retention of such
resident for care and treatment in the school, or, if requested by the
resident, his guardian, or committee, such other non-public school as
may be within the financial means of the resident, for a period not
exceeding sixty days from the date of such order. Further applications
for retention of the resident for periods not exceeding one year, and
successive two year periods thereafter, respectively, may thereafter be
made in accordance with the provisions of this article.
In the case of a resident under eighteen years of age, such notice
requesting release of the resident may be given by the resident, by the
person who made application for his admission, by a person of equal or
closer relationship to the resident, or by the mental hygiene legal
service. If such notice be given by any other person, the director may
in his discretion refuse to discharge the resident and, in the event of
such refusal, such other person or the mental hygiene legal service may
apply to the supreme court or to a county court for the release of the
resident.
S 25. Paragraph 1 of subdivision (a) of section 15.15 of the mental
hygiene law, such section as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
1. that the school to which he is requesting admission is a school for
[the mentally retarded] PERSONS WITH DEVELOPMENTAL DISABILITIES.
S 26. Subdivision (a) of section 15.19 of the mental hygiene law, such
section as renumbered by chapter 978 of the laws of 1977, is amended to
read as follows:
(a) It shall be the duty of all state and local officers having duties
to perform relating to [the mentally retarded] PERSONS WITH DEVELOP-
MENTAL DISABILITIES to encourage any such person suitable therefor and
in need of care and treatment for [mental retardation] A DEVELOPMENTAL
DISABILITY to apply for admission as a voluntary resident.
S 27. Subdivisions (a) and (c) of section 15.25 of the mental hygiene
law, subdivision (c) as amended by chapter 789 of the laws of 1985 and
such section as renumbered by chapter 978 of the laws of 1977, are
amended to read as follows:
S. 4467 11
(a) The director of any school may receive and retain therein as a
resident any person in need of care and treatment who does not object
thereto and who is so profoundly or severely [mentally retarded] DEVEL-
OPMENTALLY DISABLED that he does not have sufficient understanding to
make him suitable for admission as a voluntary resident upon an applica-
tion, accompanied by a certificate of an examining physician or certi-
fied psychologist. The application shall conform to the requirements
for an application set forth in section [33.27] 15.27 OF THIS ARTICLE.
The certificate of the examining physician or certified psychologist, in
addition to the other requirements for such certificate set forth in
this article, must show that the person sought to be admitted meets the
requirements of this section.
(c) If notice in writing that the resident be released from the school
is given to the director by the resident or any person on his behalf or
by the mental hygiene legal service, the director shall promptly release
the resident; provided, however, that, if there are reasonable grounds
for belief that the resident may be in need of involuntary care and
treatment, the director may retain the resident for a period not to
exceed seventy-two hours from the receipt of such notice. Before the
expiration of such seventy-two hour period, the director shall either
release the resident or apply to a court of record in the county where
the school is located for an order authorizing the involuntary retention
of such resident. The application and proceedings in connection there-
with shall be in the manner prescribed in this article for a court
authorization to retain an involuntary resident, except that notice of
such application shall be served forthwith and, if a hearing be
demanded, the date for hearing to be fixed by the court shall be at a
time not later than three days from the date such notice has been
received by the court. If it be determined by the court that the resi-
dent [is mentally retarded] HAS A DEVELOPMENTAL DISABILITY and IS in
need of retention for involuntary care and treatment in the school, the
court shall forthwith issue an order authorizing the retention of such
resident for care and treatment in the school for a period not exceeding
sixty days from the date of such order. Further applications for
retention of the resident for periods not exceeding one year, and
successive two year periods thereafter, respectively, may thereafter be
made in accordance with the provisions of this article.
S 28. Subdivision (a), paragraphs 1 and 4 of subdivision (b) and
subdivision (c) of section 15.27 of the mental hygiene law, paragraph 4
of subdivision (b) as amended by chapter 7 of the laws of 2007 and such
section as renumbered by chapter 978 of the laws of 1977, are amended to
read as follows:
(a) The director of a school may receive and retain therein as a resi-
dent any person alleged to [be mentally retarded] HAVE A DEVELOPMENTAL
DISABILITY and BE in need of involuntary care and treatment upon the
certificates of two examining physicians or of one examining physician
and one certified psychologist, accompanied by an application for the
admission of such person. The examination may be conducted jointly but
each examiner shall execute a separate certificate.
1. any person with whom the person alleged to [be mentally retarded]
HAVE A DEVELOPMENTAL DISABILITY resides.
4. an officer of any well recognized charitable institution or agency
or home including but not limited to the superintendent of a correction-
al facility, as such term is defined in paragraph (a) of subdivision
four of section two of the correction law, in whose institution the
S. 4467 12
person alleged to [be mentally retarded] HAVE A DEVELOPMENTAL DISABILITY
resides.
(c) Such application shall contain a statement of the facts upon which
the allegation of [mental retardation] DEVELOPMENTAL DISABILITY and need
for care and treatment are based and shall be executed under penalty of
perjury but shall not require the signature of a notary public thereon.
S 29. Paragraph 1 of subdivision (b) of section 15.29 of the mental
hygiene law, such section as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
1. the nearest relative of the person alleged to [be mentally
retarded] HAVE A DEVELOPMENTAL DISABILITY, other than the applicant, if
there be any such person known to the director.
S 30. Subdivision (c) of section 15.31 of the mental hygiene law, as
amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(c) The court which receives such notice shall fix the date of such
hearing at a time not later than five days from the date such notice is
received by the court and cause the resident, any other person request-
ing the hearing, the director, the mental hygiene legal service and such
other persons as the court may determine to be advised of such date.
Upon such date, or upon such other date to which the proceeding may be
adjourned, the court shall hear testimony and examine the person alleged
to [be mentally retarded] HAVE A DEVELOPMENTAL DISABILITY if it be
deemed advisable in or out of court. If it be determined that the resi-
dent is in need of retention, the court shall deny the application for
the resident's release. If it appears that the relatives of the resident
or a committee of his person are willing and able properly to care for
him at some place other than a school, then, upon their written consent,
the court may order the transfer of the resident to the care and custody
of such relatives or such committee. If it be determined that the resi-
dent is not in need of retention, the court shall order the release of
the resident.
S 31. Section 15.35 of the mental hygiene law, as renumbered by chap-
ter 978 of the laws of 1977, is amended to read as follows:
S 15.35 Review of court authorization to retain an involuntary resident.
If a person who has been denied release or whose retention or contin-
ued retention has been authorized pursuant to this article, or any rela-
tive or friend in his behalf, be dissatisfied with any such order he
may, within thirty days after the making of any such order, obtain a
rehearing and a review of the proceedings already had and of such order
upon a petition to a justice of the supreme court other than the judge
or justice presiding over the court making such order. Such justice
shall cause a jury to be summoned and shall try the question of the
[mental retardation] DEVELOPMENTAL DISABILITY and the need for retention
of the resident so authorized to be retained. Any such resident or the
person applying on his behalf for such review may waive the trial of
such fact by a jury and consent in writing to trial of such fact by the
court. No such petition for rehearing and review may be made by anyone
other than the person so authorized to be retained or the father, moth-
er, husband, wife, or child of such person, unless the petitioner shall
have first obtained the leave of the court upon good cause shown. If the
verdict of the jury, or the decision of the court when jury trial has
been waived, be that such person is not [mentally retarded] DEVELOP-
MENTALLY DISABLED or is not in need of retention the justice shall
forthwith discharge him, but if the verdict of the jury, or the decision
of the court where a jury trial has been waived, be that such person [is
S. 4467 13
mentally retarded] HAS A DEVELOPMENTAL DISABILITY and IS in need of
retention the justice shall certify that fact and make an order author-
izing continued retention under the original order. Such order shall be
presented, at the time of authorization of continued retention of such
[mentally retarded] person WITH A DEVELOPMENTAL DISABILITY, to, and
filed with, the director of the school in which the [mentally retarded]
person WITH A DEVELOPMENTAL DISABILITY is authorized to be retained, and
a copy thereof shall be forwarded to the department by such director and
filed in the office thereof. Proceedings under the order shall not be
stayed pending an appeal therefrom, except upon an order of a justice of
the supreme court, made upon notice and after a hearing, with provisions
made therein for such temporary care or confinement of the alleged
[mentally retarded] person WITH A DEVELOPMENTAL DISABILITY as may be
deemed necessary.
S 32. The section heading, subdivisions (a) and (b) and paragraph 1 of
subdivision (c) of section 16.01 of the mental hygiene law, as added by
chapter 786 of the laws of 1983 and paragraph 1 of subdivision (c) as
added by chapter 234 of the laws of 1998, are amended to read as
follows:
Evaluation of services for [the mentally retarded and developmentally
disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES.
(a) The commissioner shall ensure that all services provided under
this chapter for [the mentally retarded and developmentally disabled]
PERSONS WITH DEVELOPMENTAL DISABILITIES are periodically evaluated.
(b) The commissioner shall, by regulations, establish and maintain
evaluation criteria and methods which assure the utility of data gener-
ated in the evaluation of services in different areas of the state
provided under this chapter for [the mentally retarded and develop-
mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES, including,
but not limited to:
(1) Uniform definitions of services to [the mentally retarded and
developmentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES;
(2) Uniform standards for all comparable services and programs;
(3) Uniform financial reporting procedures for comparable providers;
(4) Uniform clinical reporting procedures; and
(5) Requirements for the generation and maintenance of uniform data
for all individuals receiving services from any provider of services.
(1) Notwithstanding any other provision of law, the commissioner, or
his designee, may require from any hospital, as defined under article
twenty-eight of the public health law, any information, report, or
record necessary for the purpose of carrying out the functions, powers
and duties of the commissioner related to the investigation of deaths
and complaints of abuse, mistreatment, or neglect concerning [mentally
retarded or developmentally disabled individuals] PERSONS WITH DEVELOP-
MENTAL DISABILITIES who receive services, or had prior to death received
services, in a facility as defined in section 1.03 of this chapter, or
are receiving medicaid waiver services from the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities in a non-certi-
fied setting, and have been treated at such hospitals.
S 33. Paragraphs 1, 2 and 3 of subdivision (a) of section 16.03 of the
mental hygiene law, as added by chapter 786 of the laws of 1983 and
paragraph 3 as amended by chapter 555 of the laws 1993, are amended to
read as follows:
(1) Operation of a residential facility for the care and treatment of
[the mentally retarded or developmentally disabled] PERSONS WITH DEVEL-
OPMENTAL DISABILITIES including a family care home.
S. 4467 14
(2) Operation of any distinct part of a general hospital or other
facility possessing an operating certificate, pursuant to article twen-
ty-eight of the public health law, operated for the primary purpose of
providing residential or non-residential services for [the mentally
retarded or developmentally disabled] PERSONS WITH DEVELOPMENTAL DISA-
BILITIES.
(3) Operation of a facility established or maintained by a public
agency, board, or commission, or by a corporation or voluntary associ-
ation for the rendition of out-patient or non-residential services for
[the mentally retarded or developmentally disabled] PERSONS WITH DEVEL-
OPMENTAL DISABILITIES; provided, however, that such operation shall not
be deemed to include (i) professional practice, within the scope of a
professional license or certificate issued by an agency of the state, by
an individual practitioner or by a partnership of such individuals or by
a professional service corporation duly incorporated pursuant to the
business corporation law or by a university faculty practice corporation
duly incorporated pursuant to the not-for-profit corporation law or (ii)
non-residential services which are licensed, supervised, or operated by
another agency of the state and non-residential services which are char-
tered or issued a certificate of incorporation pursuant to the education
law or (iii) pastoral counseling by a clergyman or minister, including
those defined as clergyman or minister by section two of the religious
corporations law.
S 34. Subdivision (i) of section 16.05 of the mental hygiene law, as
amended by chapter 618 of the laws of 1990, is amended to read as
follows:
(i) In the event that the holder of an operating certificate for a
residential facility issued by the commissioner pursuant to this article
wishes to cease the operation or conduct of any of the activities, as
defined in paragraph one of subdivision (a) of section 16.03 of this
article, for which such certificate has been issued or to cease opera-
tion of any one or more of facilities for which such certificate has
been issued; wishes to transfer ownership, possession or operation of
the premises and facilities upon which such activities are being
conducted or to transfer ownership, possession or operation of any one
or more of the premises or facilities for which such certificate has
been issued; or elects not to apply to the commissioner for re-certifi-
cation upon the expiration of any current period of certification, it
shall be the duty of such certificate holder to give to the commissioner
written notice of such intention not less than sixty days prior to the
intended effective date of such transaction. Such notice shall set forth
a detailed plan which makes provision for the safe and orderly transfer
of each [mentally retarded or developmentally disabled] person WITH A
DEVELOPMENTAL DISABILITY served by such certificate holder pursuant to
such certificate into a program of services appropriate to such person's
on-going needs and/or for the continuous provision of a lawfully oper-
ated program of such activities and services at the premises and facili-
ties to be conveyed by the certificate holder. Such certificate holder
shall not cease to provide any such services to any such [mentally
retarded or developmentally disabled] person WITH A DEVELOPMENTAL DISA-
BILITY under any of the circumstances described in this section until
the notice and plan required hereby are received, reviewed and approved
by the commissioner. For the purposes of this paragraph, the requirement
of prior notice and continuous provision of programs and services by the
certificate holder shall not apply to those situations and changes in
circumstances directly affecting the certificate holder that are not
S. 4467 15
reasonably foreseeable at the time of occurrence, including, but not
limited to, death or other sudden incapacitating disability or infirmi-
ty. Written notice shall be given to the commissioner as soon as reason-
ably possible thereafter in the manner set forth within this [paragraph]
SUBDIVISION.
S 35. Subdivision (b) of section 16.11 of the mental hygiene law, as
added by chapter 786 of the laws of 1983, is amended to read as follows:
(b) The commissioner shall have the power to conduct investigations
into the operations of any person or entity which holds an operating
certificate issued by the office, into the operation of any facility or
program issued an operating certificate by the office and into the oper-
ations, related to the provision of services regulated by this chapter,
of any person or entity providing a residence for one or more unrelated
persons [who are mentally retarded or developmentally disabled] WITH
DEVELOPMENTAL DISABILITIES.
S 36. The opening paragraph and subparagraph c of paragraph 1 of
subdivision (b) of section 16.17 of the mental hygiene law, as amended
by chapter 169 of the laws of 1992, are amended to read as follows:
An operating certificate may be temporarily suspended or limited with-
out a prior hearing for a period not in excess of sixty days upon writ-
ten notice to the facility following a finding by the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities that a
client's health or safety is in imminent danger. Upon such finding and
notice, the power of the commissioner temporarily to suspend or limit an
operating certificate shall include, but shall not be limited to, the
power to:
c. Suspend or limit or cause to be suspended or limited the payment of
any governmental funds to the facility provided that such action shall
not in any way jeopardize the health, safety and welfare of any [mental-
ly retarded or developmentally disabled] person WITH A DEVELOPMENTAL
DISABILITY in such program or facility;
S 37. The section heading, subdivisions (a), (c) and paragraphs 1 and
3 of subdivision (d) of section 16.19 of the mental hygiene law, the
section heading and subdivision (a) as amended by chapter 91 of the laws
of 1993 and subdivision (c) and paragraphs 1 and 3 of subdivision (d) as
amended by chapter 356 of the laws of 2006, are amended to read as
follows:
Confinement, care and treatment of [the mentally retarded and develop-
mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES.
(a) No individual who is or appears to [be mentally retarded or devel-
opmentally disabled] HAVE A DEVELOPMENTAL DISABILITY shall be detained,
deprived of liberty or otherwise confined without lawful authority, or
inadequately, unskillfully, cruelly or unsafely cared for or supervised
by any person.
(c) In addition to any other remedies available under this article,
the commissioner may bring an action in the supreme court to enjoin any
person from unlawfully subjecting a [mentally retarded or develop-
mentally disabled] person WITH A DEVELOPMENTAL DISABILITY to physical,
sexual, or emotional abuse, or active, passive or self neglect, or
detaining a [mentally retarded or developmentally disabled] person WITH
A DEVELOPMENTAL DISABILITY or providing inadequate, unskillful, cruel or
unsafe care or supervision for such a person.
(1) If, upon receiving a report that any adult thought to have [mental
retardation or another] A developmental disability has been subjected to
physical, sexual, or emotional abuse, or active, passive or self
neglect, and the commissioner has reason to believe that such adult is
S. 4467 16
known by the commissioner to have received services from providers duly
authorized by the commissioner and has been subjected to such abuse or
neglect, the commissioner shall intervene pursuant to this section or,
if such adult has not received services from said authorized providers,
the commissioner shall, immediately or as soon as practicable, notify
adult protective services established pursuant to section four hundred
seventy-three of the social services law. The commissioner shall, within
forty-eight hours, forward copies of reports made pursuant to this
subdivision to the state commission of quality of care and advocacy for
persons with disabilities and indicate if such report was referred to
adult protective services.
(3) The commissioner and the commissioner of children and family
services shall submit a report on the physical, sexual, or emotional
abuse, or active, passive or self neglect of adults with [mental retar-
dation or other] developmental disabilities to the governor, temporary
president of the senate and speaker of the assembly by January first,
two thousand seven, and annually thereafter. In consultation with the
commission on quality of care and advocacy for persons with disabili-
ties, the commissioner and the commissioner of children and family
services shall include in such report a description of systemic issues;
a summary of strategies used for intervening in such cases; an evalu-
ation of the success of such strategies; an evaluation of the implemen-
tation of the memorandum of understanding developed pursuant to para-
graph two of this subdivision and the specific status of developmental
disabilities services offices and local departments of social services,
with respect to entering into an agreement as required by paragraph two
of this subdivision; and any recommendations the commissioner believes
are necessary to protect adults from abuse or mistreatment. The report
shall also include the number of reports and a summary of common situ-
ations and trends contained in such reports which were:
a. made to the commissioner pursuant to paragraph one of this subdivi-
sion;
b. not referred to adult protective services, but in response to which
the commissioner intervened, and the outcome of such intervention; and
c. referred to adult protective services pursuant to paragraph one of
this subdivision and the outcome of such referral.
S 38. Subdivision (b) of section 16.29 of the mental hygiene law, as
amended by chapter 24 of the laws of 2007, is amended to read as
follows:
(b) The commissioner shall provide necessary assistance to the state
commission on quality of care and advocacy for persons with disabilities
in the conduct of investigations pursuant to section 45.07 of this chap-
ter, shall consider its recommendations for appropriate preventive and
remedial action including legal actions, and shall provide or direct a
residential facility licensed or operated by the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities to provide
written reports thereon to the commission as to the implementation of
plans of prevention and remediation approved by such office.
S 39. Paragraph 1 of subdivision (a) of section 16.31 of the mental
hygiene law, as added by chapter 618 of the laws of 1990, is amended to
read as follows:
1. For persons residing in family care, community residences or
schools for [the mentally retarded] PERSONS WITH DEVELOPMENTAL DISABILI-
TIES, the amount specified in subdivision one of section one hundred
thirty-one-o of the social services law.
S. 4467 17
S 40. The section heading of section 16.35 of the mental hygiene law,
as added by section 2 of part F of chapter 58 of the laws of 2007, is
amended to read as follows:
[Mental retardation and developmental] DEVELOPMENTAL disabilities
services quality improvement demonstration program.
S 41. Subdivision (b) of section 29.07 of the mental hygiene law is
amended to read as follows:
(b) If the commissioner shall determine that overcrowding exists in
the department schools, he may, within the amounts appropriated there-
for, authorize admission for care and treatment of any [mentally
retarded] person WITH A DEVELOPMENTAL DISABILITY to a designated facili-
ty approved for such purposes by the commissioner. The patient and any
liable relatives shall be liable for payment of fees in accordance with
article forty-three of this chapter.
S 42. Subparagraph (v) of paragraph 2 of subdivision (b) of section
31.27 of the mental hygiene law, as amended by section 2 of part E of
chapter 111 of the laws of 2010, is amended to read as follows:
(v) a description of local resources available to the program to
prevent unnecessary hospitalizations of persons, which shall include
agreements with local mental health, health, substance abuse, alcoholism
or alcohol abuse, [mental retardation and] developmental disabilities,
or social services agencies to provide appropriate services;
S 43. Paragraph 11 of subdivision (a) of section 33.02 of the mental
hygiene law, as amended by chapter 306 of the laws of 1995, is amended
to read as follows:
11. an individualized plan of treatment or services and to participate
in the development of that plan including the opportunity for a patient
sixteen years of age or older to request a significant individual to
himself or herself including any relative, close friend or individual
otherwise concerned with such person's welfare to participate in the
development of such plan, except that at comprehensive psychiatric emer-
gency programs such plan shall be in accordance with the commissioner's
regulations and the opportunity for participation by a significant indi-
vidual shall be provided where practicable. For the purposes of this
paragraph, a written treatment plan may include the program narrative
for clients served by an integrated community certified by the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities;
S 44. Paragraph 1 of subdivision (d) and paragraphs 1 and 2 of subdi-
vision (e) of section 33.03 of the mental hygiene law, as added by chap-
ter 57 of the laws of 1988 and paragraphs 1 and 2 of subdivision (e) as
added by chapter 210 of the laws of 2008, are amended to read as
follows:
1. Such standards shall take into account the: medical, psychological,
social, vocational, educational and recreational needs of patients
including the specialized needs of patients such as those whose mental
illness is combined with chemical dependency[, mental retardation] or
developmental disability. The standards shall also take into account the
type and mix of programs required at a given facility, and the avail-
ability of programming at a variety of times and locations.
1. Notwithstanding the provisions of subdivisions four and five of
section twenty-nine hundred eighty-one of the public health law, the
commissioners of health, and [mental retardation and] developmental
disabilities may approve and authorize the use of a simplified advance
health care directives form by persons receiving supports and services
from a provider of services which is authorized to provide services
pursuant to article sixteen of this chapter. Such form shall specify, at
S. 4467 18
the option of the principal, what end-of-life treatment the person wish-
es to receive; may designate a health care agent consistent with the
provisions of this article; and may, at the option of the principal,
authorize the health care agent to commence making decisions immediately
upon the execution of the proxy, provided that all such decisions made
prior to a determination of incapacity pursuant to section twenty-nine
hundred eighty-three of the public health law shall be made in direct
consultation with the principal and the attending physician; and
provided, further, that if, after such consultation, the principal disa-
grees with the agent's proposed decision, the principal's wishes shall
prevail; and provided, further, that, in the case of any decision to
withhold or withdraw artificial nutrition or hydration, the principal's
wishes must have been recorded in the health care directive or stated in
the presence of the agent and the attending physician; and further,
provided, that the consultation among principal, agent and attending
physician must be summarized and recorded in the principal's medical
record.
2. The simplified advance health care directives form, authorized by
paragraph one of this subdivision, shall be developed by the commission-
er of [mental retardation and] developmental disabilities, in consulta-
tion with the commissioner of health, providers of service authorized to
provide services pursuant to article sixteen of this chapter, advocates,
including self-advocates, and parents and family members of persons
receiving services from such providers.
S 45. Section 33.06 of the mental hygiene law, as added by chapter 192
of the laws of 2010, is amended to read as follows:
S 33.06 Reports of abuse or mistreatment.
The commissioner of the office of mental health and the commissioner
of the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities shall establish procedures or mechanisms to receive allega-
tions or complaints of abuse or mistreatment of individuals served by
agencies and providers licensed or operated by the offices, including
receipt of anonymous allegations or complaints. Such mechanisms shall
include the operation of a toll-free number. Allegations or complaints
received shall be evaluated and, if necessary, referred for appropriate
corrective action, consistent with laws, regulations and procedures
established for the investigation, resolution and response to incident
reports to ensure the care and safety of all patients. The inability of
the person reporting the abuse to identify the alleged perpetrator
shall, in no circumstance, constitute the sole cause to reject such
allegation for investigation or fail to refer such allegation for
corrective action. When an allegation of abuse or maltreatment of a
child is made, the allegation shall be referred to the statewide central
register of child abuse and maltreatment, established pursuant to
section four hundred twenty-two of the social services law.
S 46. Subdivisions (f), (h) and (i) of section 33.07 of the mental
hygiene law, as added by section 2 of part A of chapter 111 of the laws
of 2010, are amended to read as follows:
(f) The commissioners of mental health, [mental retardation and]
developmental disabilities, and alcoholism and substance abuse services
shall post on the offices' respective websites, in a prominent location,
the applicable standards, regulations and/or policies established pursu-
ant to this section.
(h) The office of mental health and the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities and mental hygiene legal
service shall collaboratively review, at least annually, the management
S. 4467 19
of funds which a department facility director receives as a represen-
tative payee or of funds received pursuant to section 29.23 of this
title. In such review, the office of mental health and the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities shall
make available final federal reviews regarding facility directors'
handling of federal benefits and other related documents to aid the
proper conduct of such review.
(i) The office of mental health and the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities shall, by the fifteenth
day of December of each year, commencing on December fifteenth, two
thousand eleven, submit and publish on its official website, a report to
the governor, speaker of the assembly, temporary president of the
senate, chair of the assembly committee on mental health, and the chair
of the senate committee on mental health, detailing how persons' federal
benefits are being utilized.
S 47. Subparagraph (ii) of paragraph 13 of subdivision (c) of section
33.13 of the mental hygiene law, as amended by chapter 491 of the laws
of 2008, is amended to read as follows:
(ii) providing information to the criminal justice information
services division of the federal bureau of investigation by the commis-
sioner of mental health or the commissioner of [mental retardation and]
developmental disabilities, for the purposes of responding to queries to
the national instant criminal background check system regarding attempts
to purchase or otherwise take possession of firearms, in accordance with
applicable federal laws or regulations.
S 48. Paragraphs 3 and 6 of subdivision (a) and paragraph 2 of subdi-
vision (b) of section 33.16 of the mental hygiene law, paragraph 3 of
subdivision (a) as amended by chapter 571 of the laws of 2005, paragraph
6 of subdivision (a) as separately amended by chapters 226 and 233 of
the laws of 1991 and paragraph 2 of subdivision (b) as amended by chap-
ter 233 of the laws of 1991, are amended to read as follows:
3. "Facility" means a facility as defined in section 1.03 of this
chapter, a program requiring approval for operation pursuant to article
thirty-two of this chapter, institutions offering training in psychoth-
erapy, psychoanalysis and related areas chartered pursuant to section
two hundred sixteen of the education law, or, notwithstanding section
1.03 of this chapter, any provider of services for persons 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 pursu-
ant 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 article thirty-one of
this chapter.
6. "Qualified person" means any properly identified patient or client,
guardian of a [mentally retarded or developmentally disabled] person
WITH A DEVELOPMENTAL DISABILITY appointed pursuant to article seven-
teen-A of the surrogate's court procedure act, or committee for an
incompetent appointed pursuant to [article seventy-eight of] this chap-
ter or a parent of an infant, or a guardian of an infant appointed
pursuant to article seventeen of the surrogate's court procedure act or
other legally appointed guardian of an infant who may be entitled to
request access to a clinical record pursuant to paragraph three of
subdivision (b) of this section, or a parent, spouse or adult child of
an adult patient or client who may be entitled to request access to a
S. 4467 20
clinical record pursuant to paragraph four of subdivision (b) of this
section.
2. Subject to the provisions of subdivision (c) of this section, upon
the written request of a committee for an incompetent appointed pursuant
to [article seventy-eight of] this chapter or a guardian of the person
of a [mentally retarded or developmentally disabled] person WITH A
DEVELOPMENTAL DISABILITY appointed pursuant to article seventeen-A of
the surrogate's court procedure act, a facility shall provide an oppor-
tunity, within ten days, for the committee or such guardian to inspect
any clinical record concerning the patient or client in the possession
of such facility. Provided, however, in the case of any such request by
such a guardian to inspect the clinical record concerning a client eigh-
teen years of age or older, the facility shall notify such client of
such request.
S 49. Section 41.01 of the mental hygiene law, as amended by chapter
978 of the laws of 1977, the closing paragraph as amended by section 6
of part E of chapter 111 of the laws of 2010, is amended to read as
follows:
S 41.01 Declaration of purpose.
This article is designed to enable and encourage local governments to
develop in the community preventive, rehabilitative, and treatment
services offering continuity of care; to improve and to expand existing
community programs for [the mentally ill, the mentally retarded and the
developmentally disabled] PERSONS WITH MENTAL ILLNESS, DEVELOPMENTAL
DISABILITIES, and those suffering from the diseases of alcoholism and
substance abuse; to plan for the integration of community and state
services and facilities for [the mentally disabled] INDIVIDUALS WITH
MENTAL DISABILITIES; and to cooperate with other local governments and
with the state in the provision of joint services and sharing of manpow-
er resources.
Effective implementation of this article requires the direction and
administration, by each local governmental unit, of a local comprehen-
sive planning process for its geographic area in which all providers of
services shall participate and cooperate in the provision of all neces-
sary information. It also initiates a planning effort involving the
state, local governments and other providers of service for the purpose
of promoting continuity of care through the development of integrated
systems of care and treatment for [the mentally ill, mentally retarded
and developmentally disabled] INDIVIDUALS WITH MENTAL ILLNESS, DEVELOP-
MENTAL DISABILITIES, and for those suffering from the diseases of alco-
holism and substance abuse.
S 50. Subdivisions 3, 4, 6 and 9 of section 41.03 of the mental
hygiene law, subdivision 3 as amended by chapter 746 of the laws of
1986, subdivisions 4 and 9 as amended by chapter 223 of the laws of
1992, subdivision 6 as amended by chapter 520 of the laws of 1981 and
subdivisions 4, 6 and 9 as renumbered by section 7 of part E of chapter
111 of the laws of 2010, are amended to read as follows:
3. "local services" includes services for [the mentally ill, the
mentally retarded, the developmentally disabled] INDIVIDUALS WITH MENTAL
ILLNESS OR DEVELOPMENTAL DISABILITIES whose conditions, including but
not limited to cerebral palsy and epilepsy, are associated with mental
disabilities, and those suffering from alcoholism, alcohol abuse,
substance abuse or substance dependence, which are provided by a local
government or by a voluntary agency pursuant to a contract with a local
governmental unit or the office of mental health.
S. 4467 21
4. "local facility" means a facility offering local services and
includes a community mental health and [retardation] DEVELOPMENTAL DISA-
BILITIES facility as defined in section three of the facilities develop-
ment corporation act and, for the purposes of this article, a mental
hygiene facility, as defined in said section, to be made available for
use in providing local services under lease, sublease, license or permit
from the facilities development corporation to one or more local govern-
mental units or to a voluntary agency at the request of a commissioner
of an office in the department.
6. "board" means a community services board for services to [the
mentally ill, mentally retarded and developmentally disabled] INDIVID-
UALS WITH MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES, those suffering
from alcoholism, alcohol abuse, substance abuse or substance dependence.
9. (a) "operating costs" means expenditures, excluding capital costs,
incurred in the operation and maintenance of the community mental
health, [mental retardation] DEVELOPMENTAL DISABILITIES, and alcoholism
services board and of local facilities in accordance with this article
and the regulations of the commissioner, by a local government or by a
voluntary agency pursuant to a contract with a local governmental unit.
(b) Subject to the regulations of the commissioner, operating costs
shall include that part of rental costs paid to those community mental
health, [mental retardation] DEVELOPMENTAL DISABILITIES, alcoholism, or
substance abuse services companies, which represents interest accrued
after January first, nineteen hundred eighty-one and is paid on obli-
gations incurred by such companies, organized pursuant to article seven-
ty-five of this chapter and which participated in mortgage financing in
accordance with chapter one thousand thirty-four of the laws of nineteen
hundred sixty-nine, (ii) rentals paid to the facilities development
corporation, (iii) salaries of or per diem compensation to board
members, (iv) costs for which state aid or reimbursement is claimed
under provisions of law other than this article.
(c) Operating costs may include interest incurred on any obligation
which is necessarily related to the efficient and economic delivery of
approved services to persons with alcoholism, substance abuse addiction,
mental illness or [mental retardation and] developmental disabilities,
subject to the commissioner's certification of the reasonableness of the
interest expense. Interest as authorized by this subdivision shall only
include reasonable and competitive rates of interest incurred in accord-
ance with regulations promulgated by the commissioner.
(d) Subject to the regulations of the commissioner, operating costs
shall include rent incurred, or depreciation and interest expenditures
incurred, in connection with the design, construction, acquisition,
reconstruction, rehabilitation or improvement of a local facility;
provided that where the rent, financing or refinancing of the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of a local facility is through the facilities development corporation,
operating costs shall include the debt service to be paid to amortize
obligations, including principal and interest, issued by the New York
state medical care facilities finance agency to finance or refinance the
capital costs of such facilities.
S 51. Subdivision (b) of section 41.05 of the mental hygiene law, as
amended by chapter 978 of the laws of 1977, is amended to read as
follows:
(b) Each local governmental unit shall have a community services board
for services to [the mentally ill, the mentally retarded and develop-
mentally disabled] INDIVIDUALS WITH MENTAL ILLNESS, DEVELOPMENTAL DISA-
S. 4467 22
BILITIES and those suffering from alcoholism and substance abuse which
shall have separate subcommittees for mental health, [mental retardation
and] developmental disabilities, and alcoholism, except that, at the
discretion of the local government, a subcommittee for alcoholism and
substance abuse may be substituted for a subcommittee for alcoholism.
S 52. Subdivisions (a) and (b) of section 41.11 of the mental hygiene
law, as amended by section 12 of part E of chapter 111 of the laws of
2010, are amended to read as follows:
(a) In all local governments with a population less than one hundred
thousand, community services boards, at the option of the local govern-
ment, shall have either nine or fifteen members appointed by the local
government. In all other local governments, a community services board
shall have fifteen members appointed by the local government.
Whenever practicable at least one member shall be a licensed physician
and one member shall be a certified psychologist and otherwise at least
two members shall be licensed physicians, such members to have demon-
strated an interest in the field of services for [the mentally disabled]
PERSONS WITH MENTAL DISABILITIES. The other members shall represent the
community interest in all the problems of [the mentally disabled]
PERSONS WITH MENTAL DISABILITIES and shall include representatives from
community agencies for [the mentally ill, the mentally retarded and
developmentally disabled] PERSONS WITH MENTAL ILLNESS, DEVELOPMENTAL
DISABILITIES, and those suffering from alcoholism and substance abuse.
The community services board shall have separate subcommittees for
mental health, [mental retardation and] developmental disabilities, and
alcoholism or, at the discretion of the local government, alcoholism and
substance abuse. Each separate subcommittee shall have no more than nine
members appointed by the local government, except that each subcommittee
for mental health shall have no more than eleven members appointed by
the local government. Three of each such subcommittee shall be members
of the board. Each separate subcommittee shall be composed of persons
who have demonstrated an interest in the field of services for the
particular class of mentally disabled and shall include former patients,
parents or relatives of such [mentally disabled] persons WITH MENTAL
DISABILITIES and community agencies serving the particular class of
mentally disabled, except that each subcommittee for mental health shall
include at least two members who are or were consumers of mental health
services, and at least two members who are parents or relatives of
persons with mental illness. Each separate subcommittee shall advise the
community services board and the director of community services regard-
ing the exercise of all policy-making functions vested in such board or
director, as such functions pertain to the field of services for the
particular class of mentally disabled individuals represented by such
subcommittee. In addition, each subcommittee for mental health shall be
authorized to annually evaluate the local services plan, and shall be
authorized to report on the consistency of such plan with the needs of
persons with serious mental illness, including children and adolescents
with serious emotional disturbances. Any such report shall be forwarded
annually to the community services board and the director of community
services and a copy shall also be sent to the commissioner prior to the
submission of the local services plan, provided, however, that the
provisions of this paragraph shall not apply to cities of over a million
in population.
(b) In cities of over a million a community services board shall
consist of fifteen members to be appointed by the mayor. There shall be
at least two residents of each county within such cities on the board.
S. 4467 23
At least one shall be a licensed physician and at least one shall be a
certified psychologist. The other members shall represent the community
interest in all of the problems of the mentally disabled and shall
include representatives from community agencies for [the mentally ill,
the mentally retarded and developmentally disabled] PERSONS WITH MENTAL
ILLNESS AND DEVELOPMENTAL DISABILITIES, and those suffering from alco-
holism and substance abuse. The community services board shall have
separate subcommittees for mental health, [mental retardation and]
developmental disabilities, and alcoholism or, at the discretion of the
local government, alcoholism and substance abuse. Each separate subcom-
mittee shall have no more than nine members appointed by the local
government, except that each subcommittee for mental health shall have
no more than eleven members appointed by the local government. Three
members of each such subcommittee shall be members of the board. Each
separate subcommittee shall be composed of persons who have demonstrated
an interest in the field of services for the particular class of mental-
ly disabled and shall include former patients, parents or relatives of
such [mentally disabled] persons WITH MENTAL DISABILITIES and community
agencies serving the particular class of mentally disabled, except that
each subcommittee for mental health shall include at least two members
who are or were consumers of mental health services, and two members who
are parents or relatives of persons with mental illness. Each separate
subcommittee shall advise the community services board and the director
of community services regarding the exercise of all policy-making func-
tions vested in such board or director, as such functions pertain to the
field of services for the particular class of [mentally disabled] indi-
viduals WITH MENTAL DISABILITIES represented by such subcommittee. In
addition, each subcommittee for mental health shall be authorized to
annually evaluate the local services plan, and shall be authorized to
report on the consistency of such plan with the needs of persons with
serious mental illness, including children and adolescents with serious
emotional disturbances. Any such report shall be forwarded annually to
the community services board and the director of community services, and
a copy shall also be sent to the commissioner prior to the submission of
the local services plan.
S 52-a. Subdivisions (a) and (b) of section 41.11 of the mental
hygiene law, subdivision (a) as amended by chapter 672 of the laws of
1982 and subdivision (b) as amended by chapter 206 of the laws of 1989,
are amended to read as follows:
(a) In all local governments with a population less than one hundred
thousand, community services board, at the option of the local govern-
ment, shall have either nine or fifteen members appointed by the local
government. In all other local governments, a community services board
shall have fifteen members appointed by the local government.
Whenever practicable at least one member shall be a licensed physician
and one member shall be a certified psychologist and otherwise at least
two members shall be licensed physicians, such members to have demon-
strated an interest in the field of services for the mentally disabled.
The other members shall represent the community interest in all the
problems of the mentally disabled and shall include representatives from
community agencies for [the mentally ill, the mentally retarded and
developmentally disabled] INDIVIDUALS WITH MENTAL ILLNESS, DEVELOPMENTAL
DISABILITIES, and those suffering from alcoholism and substance abuse.
The community services board shall have separate subcommittees for
mental health, [mental retardation and] developmental disabilities, and
alcoholism or, at the discretion of the local government, alcoholism and
S. 4467 24
substance abuse. Each separate subcommittee shall have no more than nine
members appointed by the local government. Three of each such subcom-
mittee shall be members of the board. Each separate subcommittee shall
be composed of persons who have demonstrated an interest in the field of
services for the particular class of mentally disabled and shall include
former patients, parents or relatives of such mentally disabled persons
and community agencies serving the particular class of mentally disa-
bled. Each separate subcommittee shall advise the community services
board and the director of community services regarding the exercise of
all policy-making functions vested in such board or director, as such
functions pertain to the field of services for the particular class of
[mentally disabled] individuals WITH MENTAL DISABILITIES represented by
such subcommittee. Provided however that the provisions of this para-
graph shall not apply to cities of over a million in population.
(b) In cities of over a million a community services board shall
consist of fifteen members to be appointed by the mayor. There shall be
at least two residents of each county within such cities on the board.
At least one shall be a licensed physician and at least one shall be a
certified psychologist. The other members shall represent the community
interest in all of the problems of [the mentally disabled] PERSONS WITH
MENTAL DISABILITIES and shall include representatives from community
agencies for [the mentally ill, the mentally retarded and develop-
mentally disabled] PERSONS WITH MENTAL ILLNESS, DEVELOPMENTAL DISABILI-
TIES, and those suffering from alcoholism and substance abuse. The
community services board shall have separate subcommittees for mental
health, [mental retardation and] developmental disabilities, and alco-
holism or, at the discretion of the local government, alcoholism and
substance abuse. Each separate subcommittee shall have no more than nine
members appointed by the local government. Three members of each such
subcommittee shall be members of the board. Each separate subcommittee
shall be composed of persons who have demonstrated an interest in the
field of services for the particular class of mentally disabled and
shall include former patients, parents or relatives of such [mentally
disabled] persons WITH MENTAL DISABILITIES and community agencies serv-
ing the particular class of mentally disabled. Each separate subcommit-
tee shall advise the community services board and the director of commu-
nity services regarding the exercise of all policy-making functions
vested in such board or director, as such functions pertain to the field
of services for the particular class of [mentally disabled individuals]
PERSONS WITH MENTAL DISABILITIES represented by such subcommittee.
S 53. Paragraph 5 of subdivision (c) of section 41.34 of the mental
hygiene law, as amended by chapter 1024 of the laws of 1981, is amended
to read as follows:
(5) In the event the municipality objects to establishment of a facil-
ity in the municipality because to do so would result in such a concen-
tration of community residential facilities for [the mentally disabled]
PERSONS WITH MENTAL DISABILITIES or combination of such facilities and
other facilities licensed by other state agencies that the nature and
character of areas within the municipality would be substantially
altered; or the sponsoring agency objects to the establishment of a
facility in the area or areas suggested by the municipality; or in the
event that the municipality and sponsoring agency cannot agree upon a
site, either the sponsoring agency or the municipality may request an
immediate hearing before the commissioner to resolve the issue. The
commissioner shall personally or by a hearing officer conduct such a
hearing within fifteen days of such a request.
S. 4467 25
In reviewing any such objections, the need for such facilities in the
municipality shall be considered as shall the existing concentration of
such facilities and other similar facilities licensed by other state
agencies in the municipality or in the area in proximity to the site
selected and any other facilities in the municipality or in the area in
proximity to the site selected providing residential services to a
significant number of persons who have formerly received in-patient
mental health services in facilities of the office of mental health or
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities. The commissioner shall sustain the objection if he deter-
mines that the nature and character of the area in which the facility is
to be based would be substantially altered as a result of establishment
of the facility. The commissioner shall make a determination within
thirty days of the hearing.
S 54. The opening paragraph of subdivision (b) of section 41.35 of the
mental hygiene law, as amended by chapter 658 of the laws of 1977, is
amended to read as follows:
The demonstration programs required to be developed pursuant to this
section shall include at least one single system program for comprehen-
sive services for all mentally disabled persons or all services to one
or more of the following classes of mentally disabled: [the mentally
ill; the mentally retarded and developmentally disabled] PERSONS WITH
MENTAL ILLNESS, A DEVELOPMENTAL DISABILITY; those suffering from alcohol
abuse or alcoholism; or alcoholics, alcohol abusers and substance abus-
ers. Such comprehensive services provided pursuant to a single system
program shall be provided by a local governmental unit or group of local
government units or an approved non-governmental agent or a combination
of providers of service and a local governmental unit or units.
S 55. Subdivision (d) of section 41.36 of the mental hygiene law, as
amended by section 18 of part E of chapter 111 of the laws of 2010, is
amended to read as follows:
(d) Each local governmental unit shall include in its annual local
plan a review of existing community residential facilities providing
reimbursable services and a recommendation of anticipated needs for the
development of such facilities, consistent with the needs of [the
mentally retarded and developmentally disabled] PERSONS WITH DEVELOP-
MENTAL DISABILITIES within the jurisdiction of the local governmental
unit.
S 56. The opening paragraph of subdivision (a) of section 41.37 of the
mental hygiene law, as amended by chapter 218 of the laws of 1988, is
amended to read as follows:
The commissioner of the office of mental health or the commissioner of
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities is authorized, within appropriations made therefor, to make
grants to local governmental units and voluntary nonprofit agencies
developing a community residence as defined in subdivision twenty-eight
of section 1.03 of this chapter. The commissioner of the office of
mental health is authorized, within appropriations made therefor, to
make grants to voluntary nonprofit agencies developing a residential
treatment facility for children and youth. Such grants shall be limited
to the development costs incurred prior to the operation of a community
residence or a residential treatment facility for children and youth, or
for development costs incurred to expand the capacity to provide
services at such residences and facilities.
S. 4467 26
S 57. The opening paragraph of section 41.40 of the mental hygiene
law, as added by chapter 445 of the laws of 1989, is amended to read as
follows:
The commissioner of the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities is directed to submit to the governor
and the legislature no later than January first, nineteen hundred nine-
ty-one, a report and recommendations of actions necessary to encourage
the development of small community residential programs including
programs of ten beds or less. Such report and recommendations shall
consider:
S 58. The section heading, subdivision 1 and paragraph (p) of subdivi-
sion 2 of section 41.41 of the mental hygiene law, as added by chapter
225 of the laws of 1984, are amended to read as follows:
Rights of [mentally retarded and developmentally disabled] PERSONS WITH
DEVELOPMENTAL DISABILITIES.
1. Each person who resides in a community residence has the same basic
and legal rights as all other persons of the same age. Such rights are
in no way diminished by the fact that such persons who [are mentally
retarded or otherwise developmentally disabled] HAVE A DEVELOPMENTAL
DISABILITY live in a community residence.
(p) The right to vote; and the right to participate in activities that
educate [the mentally retarded and developmentally disabled] PERSONS
WITH DEVELOPMENTAL DISABILITIES in their civic responsibilities.
S 59. Subdivision (d) of section 41.43 of the mental hygiene law, as
amended by chapter 552 of the laws of 1992, is amended to read as
follows:
(d) The [mental retardation and] developmental disabilities advisory
council created by section 13.05 of this chapter shall establish a
committee pursuant to the provisions of paragraph one of subdivision (c)
of section 13.05 of this chapter, comprised of members selected by the
commissioner, to be called the committee on family support services. The
committee shall (i) provide information to the commissioner on the needs
of families caring at home for a family member with a developmental
disability; (ii) advise the commissioner on policies related to family
supports and services; and (iii) offer advice to the commissioner on the
design, implementation and monitoring of family support services.
Members of the committee shall include persons with a developmental
disability, family members of persons with a developmental disability,
and professionals and others with an interest in the care of persons
with developmental disabilities. A majority of the committee shall be
family members of persons with developmental disabilities. Members shall
only receive reimbursement for expenses incurred in connection with
their duties on the committee.
S 60. Subdivisions 4, 5, 6, 9 and 12 of section 43.04 of the mental
hygiene law, subdivision 4 as amended and subdivision 12 as added by
chapter 41 of the laws of 1992 and subdivisions 5, 6 and 9 as added by
chapter 938 of the laws of 1990, are amended to read as follows:
4. Gross receipts received from all services rendered within the
service categories set forth in subdivision one of this section shall
include, without limitation, all monies received on account of such
services pursuant to rates of reimbursement established by the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities
and paid by the state, and shall not include, subject to the provisions
of subdivision twelve of this section, charitable contributions, grants,
donations, bequests and income from non-service related fund raising
activities and governmental deficit financing.
S. 4467 27
5. Estimated payments by or on behalf of providers of services to the
commissioner of the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities of funds due from the assessments pursuant to
subdivision two of this section shall be made on a monthly basis. Esti-
mated payments shall be due on or before the fifteenth day following the
end of a calendar month to which an assessment applies.
6. (a) If an estimated payment made for a month to which an assessment
applies is less than seventy percent of an amount the commissioner of
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities determines is due, based on evidence of prior period moneys
received by a provider of services or evidence of moneys received by
such provider of services for that month, such commissioner may estimate
the amount due from such provider of services and may collect the defi-
ciency pursuant to paragraph (c) of this subdivision.
(b) If an estimated payment made for a month to which an assessment
applies is less than ninety percent of an amount the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities determines is due, based on evidence of prior period moneys
received by a provider of service or evidence of monies received by such
provider of services for that month, and at least two previous estimated
payments within the preceding six months were less than ninety percent
of the amount due, based on similar evidence, such commissioner may
estimate the amount due from such provider of services and may collect
the deficiency pursuant to paragraph (c) of this subdivision.
(c) Upon receipt of notification from the commissioner of the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities
of a provider of service's delinquency under this section, the comp-
troller or a fiscal intermediary designated by the director of the budg-
et, or the commissioner of social services, shall withhold from the
amount of any payment to be made by the state to a provider of services
the amount of the deficiency determined under paragraph (a) or (b) of
this subdivision or paragraph (d) of subdivision seven of this section.
Upon withholding such amount, the comptroller or a designated fiscal
intermediary, or the commissioner of social services, shall pay the
commissioner of the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities, or his designee, such amount withheld on
behalf of the provider of services.
(d) The commissioner of the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities shall provide a provider of
services with notice of any estimate of an amount due for an assessment
pursuant to paragraph (a) or (b) of this subdivision or paragraph (d) of
subdivision seven of this section at least three days prior to
collection of such amount by such commissioner. Such notice shall
contain the financial basis for such commissioner's estimate.
(e) In the event a provider of services objects to an estimate by the
commissioner of the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities pursuant to paragraph (a) or (b) of this
subdivision or paragraph (d) of subdivision seven of this section of the
amount due for an assessment, the provider of services, within sixty
days of notice of an amount due, may request a hearing. If a hearing is
requested, such commissioner shall provide the provider of services an
opportunity to be heard and to present evidence bearing on the amount
due for an assessment within thirty days after collection of an amount
due or receipt of a request for a hearing, whichever is later. An admin-
istrative hearing is not a prerequisite to seeking judicial relief.
S. 4467 28
(f) The commissioner of the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities may direct that a hearing be held
without any request by a provider of services.
9. Funds accumulated, including income from invested funds, from the
assessments specified in this section, including interest and penalties,
shall be deposited by the commissioner of the office [of mental retarda-
tion and] FOR PEOPLE WITH developmental disabilities and credited to the
general fund.
12. Each exclusion of sources of gross receipts received from the
assessments effective on or after April first, nineteen hundred ninety-
two established pursuant to this section shall be contingent upon
either: (a) qualification of the assessments for waiver pursuant to
federal law and regulation; or (b) consistent with federal law and regu-
lation, not requiring a waiver by the secretary of the department of
health and human services related to such exclusion; in order for the
assessments under this section to be qualified as a broad-based health
care related tax for purposes of the revenues received by the state
pursuant to the assessments not reducing the amount expended by the
state as medical assistance for purposes of federal financial partic-
ipation. The commissioner of the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities shall collect the assessments
relying on such exclusions, pending any contrary action by the secretary
of the department of health and human services. In the event the secre-
tary of the department of health and human services determines that the
assessments do not so qualify based on any such exclusion, then the
exclusion shall be deemed to have been null and void as of April first,
nineteen hundred ninety-two, and the commissioner of the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities shall
collect any retroactive amount due as a result, without interest or
penalty provided the provider of services pays the retroactive amount
due within ninety days of notice from the commissioner of the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities to
the provider of services that an exclusion is null and void. Interest
and penalties shall be measured from the due date of ninety days follow-
ing notice from the commissioner of the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities to the provider of
services.
S 60-a. Subdivision 7, paragraphs (a) and (b) of subdivision 8 and
subdivision 11 of section 43.04 of the mental hygiene law, subdivision 7
as added by chapter 938 of the laws of 1990, the opening paragraph of
paragraph (a) and paragraphs (c) and (d) of subdivision 7, paragraph (b)
of subdivision 8 and subdivision 11 as amended by chapter 41 of the laws
of 1992, paragraph (a) of subdivision 8 as amended by section 21 of
subpart D of part V-1 of chapter 57 of the laws of 2009 and paragraphs
(b) and (c) of subdivision 11 as amended by section 212 of part A of
chapter 389 of the laws of 1997, are amended to read as follows:
7. (a) Every provider of services shall submit reports on a cash basis
of actual gross receipts received from all services rendered within the
services categories set forth in subdivision one of this section to
persons with developmental disabilities and operating income for each
month as follows:
(i) for the period January first, nineteen hundred ninety-one through
January thirtieth, nineteen hundred ninety-one, the report shall be
filed on or before March fifteenth, nineteen hundred ninety-one.
(ii) for the period January first, nineteen hundred ninety-one through
March thirty-first, nineteen hundred ninety-one and each quarter there-
S. 4467 29
after, the report shall be filed on or before the forty-fifth day after
the end of the quarter.
(b) Every provider of services shall submit a certified annual report
on a cash basis of gross receipts received in such calendar year from
all services to persons with developmental disabilities and operating
income. The reports shall be in such form as may be prescribed by the
commissioner of the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities to accurately disclose information required
to implement this section.
(c) Final payments shall be due for all providers of services for the
assessments pursuant to subdivision two of this section upon the due
date for submission of the applicable quarterly report.
(d) The commissioner of the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities may recoup deficiencies in final
payments pursuant to paragraph (c) of subdivision six of this section.
(a) If an estimated payment made for a month to which an assessment
applies is less than ninety percent of the actual amount due for such
month, interest shall be due and payable to the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities on the difference between the amount paid and the amount due
from the day of the month the estimated payment was due until the date
of payment. The rate of interest shall be twelve percent per annum or at
the rate of interest set by the commissioner of taxation and finance
with respect to underpayments of tax pursuant to subsection (e) of
section one thousand ninety-six of the tax law minus four percentage
points. Interest under this paragraph shall not be paid if the amount
thereof is less than one dollar. Interest, if not paid by the due date
of the following month's estimated payment, may be collected by the
commissioner of the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities pursuant to paragraph (c) of subdivision six
of this section in the same manner as an assessment pursuant to subdivi-
sion two of this section.
(b) If an estimated payment made for a month to which an assessment
applies is less than seventy percent of the actual amount due for such
month, a penalty shall be due and payable to the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities of five percent of the difference between the amount paid and
the amount due for such month when the failure to pay is for a duration
of not more than one month after the due date of the payment with an
additional five percent for each additional month or fraction thereof
during which such failure continues, not exceeding twenty-five percent
in the aggregate. A penalty may be collected by such commissioner pursu-
ant to paragraph (c) of subdivision six of this section in the same
manner as an assessment pursuant to subdivision two of this section.
11. [(b)] (A) The assessment shall not be collected in excess of six
million two hundred thousand dollars from providers of services speci-
fied in subdivision two of this section for the period of April first,
nineteen hundred ninety-seven through March thirty-first, nineteen
hundred ninety-eight. The amount of the assessment collected pursuant to
subdivision two of this section in excess of six million two hundred
thousand dollars for the period of April first, nineteen hundred nine-
ty-seven through March thirty-first, nineteen hundred ninety-eight shall
be refunded to providers of services by the commissioner of the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities
based on the ratio which a provider of services' assessment for such
S. 4467 30
period bears to the total of the assessments for such period paid by
such providers of services.
[(c)] (B) The additional assessment shall not be collected in excess
of thirty-six million one hundred thousand dollars from providers of
services specified in subdivision two of this section for the period of
April first, nineteen hundred ninety-seven through March thirty-first,
nineteen hundred ninety-eight. The amount of the additional assessment
collected pursuant to subdivision two of this section in excess of thir-
ty-six million one hundred thousand dollars for the period of April
first, nineteen hundred ninety-seven through March thirty-first, nine-
teen hundred ninety-eight shall be refunded to providers of services by
the commissioner of the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities based on the ratio which a provider of
services' additional assessment for such period bears to the total of
the additional assessments for such period paid by such providers of
services.
S 61. Subparagraph e of paragraph 2 and paragraph 9 of subdivision
(c), paragraph 1 of subdivision (k) and subdivision (w) of section 45.07
of the mental hygiene law, subparagraph e of paragraph 2 and paragraph 9
of subdivision (c) as amended by chapter 323 of the laws of 2008, para-
graph 1 of subdivision (k) as amended by section 6 of part H of chapter
58 of the laws of 2005 and subdivision (w) as added by chapter 536 of
the laws of 2005, are amended to read as follows:
e. upon receipt of such report of child abuse or neglect, commence
within twenty-four hours, an appropriate investigation which shall
include but not be limited to an evaluation of the residential care
facility in which the child resides who is named in the report and a
determination of the risk to such child if he or she continues to remain
in the existing residential care facility as well as a determination of
the nature, extent and cause of any condition enumerated in such report
and, after seeing to the safety of the child and, to the maximum extent
feasible, the other children in the facility forthwith: (i) notify the
subject of the report and other persons named in the report in writing
of the existence of the report and their respective rights pursuant to
title six of article six of the social services law in regard to amend-
ment; and (ii) notify the director or operator of the residential facil-
ity and the office of mental health, the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities or the office of alco-
holism and substance abuse services of the existence of such report
including the name of any child alleged to be abused or neglected, the
name of the subject of the report of child abuse or neglect, and any
other information which may be necessary to assure the health and safety
of the children in the residential care facility;
9. The commission shall prepare an annual report to the governor and
legislature on the protection of children in residential care from abuse
and neglect, including the implementation of the provisions of this
paragraph and other applicable provisions of law, including reports
received, results of investigations by types of facilities, remedial
actions taken, and efforts undertaken by the office of mental health,
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities, and the office of alcoholism and substance abuse services
to provide training pursuant to standards established by such offices
pursuant to section 16.29, 31.30 or 32.11 of this chapter.
1. Establish an adult home and residence for adults resident advocacy
program to assist residents, who have at any time received or are
receiving services from a mental hygiene provider, of adult homes and
S. 4467 31
residences for adults, as defined in section two of the social services
law, where at least twenty-five percent or twenty-five residents, which-
ever is less, have at any time received or are receiving services from a
mental hygiene provider which is licensed, operated or funded by the
office of mental health or office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities, in understanding their legal rights,
and to promote and protect the rights of such residents. Based on the
level of appropriations made available therefor, the chair of the
commission shall determine the feasibility of establishing such program
on a statewide basis or, if not so feasible, the chair, after consulta-
tion with the commissioner of the department of health, shall designate
those regions in which such program may be established.
(w) Receive and review reports required pursuant to section 16.19 of
this chapter and take any action as required by law. The commission
shall also assist the commissioner of [the office of mental retardation
and] developmental disabilities in developing and preparing recommenda-
tions required by paragraph four of subdivision (d) of section 16.19 of
this chapter for submission to the governor, temporary president of the
senate and speaker of the assembly.
S 62. Subdivision (a) of section 45.09 of the mental hygiene law, as
amended by section 7 of part H of chapter 58 of the laws of 2005, is
amended to read as follows:
(a) The commission, any member or any employee designated by the
chair, must be granted access at any and all times to any mental hygiene
facility, or adult home or residence for adults in which at least twen-
ty-five percent or twenty-five residents, whichever is less, have at any
time received or are receiving services from a mental hygiene provider
which is licensed, operated or funded by the office of mental health, or
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities in order to carry out the functions of the commission as
provided for by section 45.10 of this article, or part thereof, and to
all books, records, and data pertaining to any such facility deemed
necessary for carrying out the commission's functions, powers and
duties. The commission, any members or any employee designated by the
chair may require from the officers or employees of such facility or
from the commissioners of the offices of the department of mental
hygiene or in the case of an adult home or residence for adults, from
the officers or employees of an adult home or residence for adults or
from the department of health any information deemed necessary for the
purpose of carrying out the commission's functions, powers and duties.
The commission, any member, or any employee designated by the chair may
require from any hospital, as defined under article twenty-eight of the
public health law, any information, report or record necessary for the
purpose of carrying out the functions, powers and duties of the commis-
sion related to the investigation of deaths and complaints of abuse or
mistreatment concerning patients or former patients of mental hygiene
facilities who have been treated at such hospitals, and from any adult
care facility as defined in paragraph twenty-one of section two of the
social services law, such information, report or record, including
access to such facility necessary for the purpose of carrying out the
functions, powers and duties of the commission related to the investi-
gation of deaths, as provided for by section 45.17 of this article,
concerning patients of mental hygiene facilities who resided at such
residential care facilities at the time of their death or were former
residents of such residential care facilities and the commission deter-
mines that such information, report or record is necessary for the
S. 4467 32
completion of its investigation. The results of investigations involving
such residents of adult care facilities shall be provided promptly to
the commissioner of the department of health and shall be treated as a
record or personal information within the meaning of section ninety-six
of the public officers law and shall not be disclosed except in accord-
ance with such section ninety-six. Information, books, records or data
which are confidential as provided by law shall be kept confidential by
the commission and by non-profit organizations receiving contracts
pursuant to subdivision (k) of section 45.07 of this article and any
limitations on the release thereof imposed by law upon the party
furnishing the information, books, records or data shall apply to the
commission and such non-profit organizations receiving contracts pursu-
ant to subdivision (k) of section 45.07 of this article.
S 63. The opening paragraph of subdivision (a) of section 45.10 of the
mental hygiene law, as amended by section 8 of part H of chapter 58 of
the laws of 2005, is amended to read as follows:
The commission shall have the following authority with respect to
adult homes or residences for adults, as defined by section two of the
social services law, where at least twenty-five percent or twenty-five
of the residents, whichever is less, are persons who have at any time
received or are receiving services from a mental hygiene provider which
is licensed, operated or funded by the office of mental health or the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities.
S 64. Subdivision (a) of section 61.01 of the mental hygiene law is
amended to read as follows:
(a) The commissioner or his authorized representative may receive,
use, or distribute federal financial or technical assistance to support
construction, research, staffing, or other programs or activities in
mental health, [mental retardation,] developmental disabilities, alco-
holism, or drug addiction appropriated under federal health, mental
health, or [mental retardation] DEVELOPMENTAL DISABILITIES legislation
or regulations or under other federal legislation or regulations which
provide assistance to the mentally disabled, including but not limited
to vocational rehabilitation programs, alcoholism programs, drug
addiction programs, poverty programs, or special programs for children
or the aged.
S 65. Section 61.03 of the mental hygiene law is amended to read as
follows:
S 61.03 Department is authorized state agency.
The department shall be the authority, when designated by the gover-
nor, to supervise and administer financial or technical assistance as
the designee under a state plan or as may be required by federal legis-
lation making such assistance available for programs or activities in
mental health, [mental retardation,] developmental disabilities, alco-
holism, drug addiction, and other areas under the department's jurisdic-
tion and control.
S 66. Section 61.05 of the mental hygiene law is amended to read as
follows:
S 61.05 Advancement of state mental health and [mental retardation]
DEVELOPMENTAL DISABILITIES programs through intergovernmental
cooperation.
The commissioner may promote state programs or activities in mental
health, [mental retardation] DEVELOPMENTAL DISABILITIES, alcoholism,
drug addiction, and other areas within the scope of the department's
activities and may cooperate with the federal government, local govern-
S. 4467 33
ments, other state governments, other state agencies, and nongovern-
mental organizations to fulfill the objectives and purposes of this
chapter.
S 67. Subdivision (a) of section 67.03 of the mental hygiene law is
amended to read as follows:
(a) For the purposes of this article any person who resides in the
state continuously for one year, and any person under the age of sixteen
or any [mentally retarded] person WITH A DEVELOPMENTAL DISABILITY whose
parents or persons having legal custody of him have resided in the state
continuously for one year, shall be considered a state resident. Resi-
dence so acquired continues until the resident has remained away from
the state for one year.
S 68. Section 75.01 of the mental hygiene law is amended to read as
follows:
S 75.01 Short title.
This article shall be known and may be cited and referred to as the
"community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services companies law".
S 69. Paragraph 5 of subdivision (b) and subparagraph (iii) of para-
graph 3 of subdivision (c) of section 75.13 of the mental hygiene law
are amended to read as follows:
5. To construct, reconstruct, rehabilitate, improve, alter, repair,
lease, manage, or operate and otherwise provide community mental health
services or [mental retardation] DEVELOPMENTAL DISABILITIES services
projects;
(iii) Enter into any contracts relating to the management or operation
of community mental health services or [mental retardation] DEVELOP-
MENTAL DISABILITIES services projects;
S 70. Subdivision (b) of section 80.03 of the mental hygiene law, as
amended by chapter 198 of the laws of 2008, is amended to read as
follows:
(b) "A patient in need of surrogate decision-making" means a patient
as defined in subdivision twenty-three of section 1.03 of this chapter
who is: a resident of a mental hygiene facility including a resident of
housing programs funded by an office of the department or whose federal
funding application was approved by an office of the department or for
whom such facility maintains legal admission status therefor; or,
receiving home and community-based services for persons with mental
disabilities provided pursuant to section 1915 of the federal social
security act; or receiving individualized support services; or, case
management or service coordination funded, approved, or provided by the
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities; and, for whom major medical treatment is proposed, and who is
determined by the surrogate decision-making committee to lack the abili-
ty to consent to or refuse such treatment, but shall not include minors
with parents or persons with legal guardians, committees or conservators
who are legally authorized, available and willing to make such health
care decisions. Once a person is eligible for surrogate decision-mak-
ing, such person may continue to receive surrogate decision-making as
authorized by this section regardless of a change in residential status.
S 71. Paragraph 6 of subdivision (c) of section 81.09 of the mental
hygiene law, as amended by chapter 438 of the laws of 2004, is amended
to read as follows:
6. interviewing or consulting with professionals having specialized
knowledge in the area of the person's alleged incapacity including but
S. 4467 34
not limited to [mental retardation,] developmental disabilities, alcohol
and substance abuse, and geriatrics.
S 72. Subdivision 2 of section 3 of section 1 of chapter 359 of the
laws of 1968 constituting the facilities development corporation act, as
amended by chapter 723 of the laws of 1993, is amended to read as
follows:
2. "Community mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility" shall mean a building, a unit within a building, a labo-
ratory, a classroom, a housing unit, a dining hall, an activities
center, a library, or any structure on or improvement to real property,
or an interest in real property, including an interest in, and proprie-
tary lease from, an organization formed for the purpose of cooperative
ownership of real property, of any kind or description, including
fixtures and equipment which are an integral part of such building, unit
or structure or improvement, a walkway, a roadway or a parking lot and
improvements and connections for water, sewer, gas, electrical, tele-
phone, heating, air conditioning and other utility services, or a combi-
nation of any of the foregoing, whether for patient care and treatment
or staff, staff family or service use, located in a city, or in a county
not wholly included within a city, authorized to provide community
mental health services in accordance with the provisions of article
[forty-one] 41 of the mental hygiene law, which is utilized or to be
utilized for the administration and conduct of programs for [the mental-
ly ill or the mentally retarded] PERSONS WITH MENTAL ILLNESS OR DEVELOP-
MENTAL DISABILITIES, or both, and for the provision of services there-
for, or utilized or to be utilized in the performance of services
benefitting or assisting the care, treatment, rehabilitation or mainte-
nance of persons with mental disabilities, and approved to provide such
services, pursuant to a written agreement with the appropriate commis-
sioner of an office of the department of mental hygiene. Nothing in this
subdivision shall be deemed to supercede the provisions of article 41 of
the mental hygiene law, where applicable. A community mental health and
[retardation] DEVELOPMENTAL DISABILITIES facility shall also mean and
include a residential facility to be operated as a community residence
for persons with mental disabilities and a treatment facility for use in
the conduct of an alcoholism treatment program or of a substance abuse
treatment program as defined in the mental hygiene law.
S 73. This act shall take effect immediately; provided, however,
that:
(a) the amendments to subdivision (b) of section 31.27 of the mental
hygiene law made by section forty-two of this act shall not affect the
repeal of such section and shall be deemed repealed therewith;
(b) the amendments to subdivision (e) of section 33.03 of the mental
hygiene law made by section forty-four of this act shall take effect on
the same date and in the same manner as section 1 of chapter 210 of the
laws of 2008 takes effect; and shall not affect the repeal of such
subdivision and shall be deemed repealed therewith;
(c) the amendments to subdivisions (f), (h) and (i) of section 33.07
of the mental hygiene law made by section forty-six of this act shall
not affect the repeal of such subdivisions and shall be deemed repealed
therewith; and
(d) the amendments to subdivisions (a) and (b) of section 41.11 of the
mental hygiene law made by section fifty-two of this act shall be
subject to the expiration and reversion of such subdivisions pursuant to
section 7 of part R2 of chapter 62 of the laws of 2003, as amended, when
S. 4467 35
upon such date the provisions of section fifty-two-a of this act shall
take effect.