S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5991
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, the executive law, the  state  finance
   law,  the  transportation  law, the public authorities law, the public
   health law, the public lands law, the education  law,  the  retirement
   and  social  security  law,  the  social services law, the cooperative
   corporation law, the elder  law,  the  correction  law,  the  criminal
   procedure law, the family court act, the facilities development corpo-
   ration act, the medical care facilities agency act and the administra-
   tive  code  of  the  city of New York, in relation to making technical
   corrections to references to the office for people with  developmental
   disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 5-211 of the election law,
 as amended by chapter 265 of the laws of 2013, is  amended  to  read  as
 follows:
   Each  agency designated as a participating agency under the provisions
 of this section shall implement and administer a program of distribution
 of voter registration forms pursuant to the provisions of this  section.
 The  following  offices  which  provide public assistance and/or provide
 state funded programs primarily engaged in providing services to persons
 with disabilities are hereby designated as voter registration  agencies:
 designated as the state agencies which provide public assistance are the
 office  of  children  and  family  services, the office of temporary and
 disability assistance and the department of health. Also  designated  as
 public  assistance  agencies  are  all agencies of local government that
 provide such assistance.  Designated  as  state  agencies  that  provide
 programs primarily engaged in providing services to people with disabil-
 ities  are  the  department  of labor, office for the aging, division of
 veterans' affairs, office of mental health,  office  of  vocational  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09546-01-7

 S. 5991                             2
 
 educational  services  for  individuals with disabilities, commission on
 quality of care for the mentally disabled, office [of mental retardation
 and] FOR PEOPLE WITH  developmental  disabilities,  commission  for  the
 blind,  office of alcoholism and substance abuse services, the office of
 the advocate for the disabled and all offices which administer  programs
 established or funded by such agencies. Additional state agencies desig-
 nated  as voter registration offices are the department of state and the
 division of workers' compensation. Such agencies shall  be  required  to
 offer  voter  registration forms to persons upon initial application for
 services, renewal or recertification for services and change of  address
 relating  to  such services. Such agencies shall also be responsible for
 providing assistance to  applicants  in  completing  voter  registration
 forms,  receiving  and  transmitting the completed application form from
 all applicants who wish to have such form transmitted to the appropriate
 board of elections. The state board of elections  shall,  together  with
 representatives  of  the  department  of  defense, develop and implement
 procedures for including recruitment offices of the armed forces of  the
 United  States  as  voter  registration offices when such offices are so
 designated by federal law. The state board shall also  make  request  of
 the  United  States  Immigration  and  Naturalization Service to include
 applications for registration by mail with any materials which are given
 to new citizens. All institutions of the state university  of  New  York
 and  the  city  university  of  New York, shall, at the beginning of the
 school year, and again in January of a year in which  the  president  of
 the United States is to be elected, provide an application for registra-
 tion  to  each  student  in  each  such  institution. The state board of
 elections may, by regulation, grant a waiver from  any  or  all  of  the
 requirements  of  this section to any office or program of an agency, if
 it determines that it is not feasible for  such  office  or  program  to
 administer such requirement.
   §  2. Subdivision 1 of section 548-e of the executive law, as added by
 chapter 657 of the laws of 1990, is amended to read as follows:
   1. Establishment. A neighborhood based initiatives oversight committee
 shall be established to oversee the implementation of the provisions  of
 this article and shall consist of representatives of the following agen-
 cies  or their designees, with the commissioner of the department or his
 or her designee serving as chairperson: the state advocate for the disa-
 bled; the director of the office for the  aging;  the  director  of  the
 division  of alcoholism and alcohol abuse; the executive director of the
 council on children and families; the chancellor of the city  university
 of  New  York;  the executive director of the developmental disabilities
 action planning council; the director of the budget; the commissioner of
 economic development; the commissioner of education; the commissioner of
 health; the commissioner of housing and community renewal;  the  commis-
 sioner  of labor; the commissioner of mental health; the commissioner of
 [mental retardation and] THE OFFICE FOR PEOPLE WITH developmental  disa-
 bilities;  the  commissioner of parks, recreation and historic preserva-
 tion; the chancellor of the state university of New York;  the  director
 of  the  division of substance abuse services; the director of the divi-
 sion for youth; the director of the division for women; and the  depart-
 ment of audit and control.
   §  3.  Subdivisions  1  and  2 of section 702 of the executive law, as
 added by chapter 551 of the  laws  of  2002,  are  amended  to  read  as
 follows:
   1.  The most integrated setting coordinating council is hereby created
 within the executive department to  have  and  exercise  the  functions,

 S. 5991                             3
 
 powers  and  duties  provided  by the provisions of this article and any
 other provision of law. The council shall be comprised  of  the  commis-
 sioners  of: the department of health, the office [of mental retardation
 and]  FOR  PEOPLE  WITH developmental disabilities, the office of mental
 health, the department of transportation, the  office  of  children  and
 family services, the office of alcohol and substance abuse services, the
 department  of  education,  and  the  division  of housing and community
 renewal. In addition, the council shall consist of the director  of  the
 office  for  the aging, a representative from the office of the advocate
 for persons with disabilities, a representative from the  commission  on
 quality  of  care for the mentally disabled, three consumers of services
 for individuals with disabilities, one to be appointed by the  governor,
 one to be appointed by the temporary president of the senate, and one to
 be  appointed  by  the  speaker  of the assembly, three individuals with
 expertise in the field of community services for people of all ages with
 disabilities, one to be appointed by the governor, one to  be  appointed
 by the temporary president of the senate, and one to be appointed by the
 speaker  of  the  assembly,  and  three individuals with expertise in or
 recipients of services available to senior citizens  with  disabilities,
 one  to  be appointed by the governor, one to be appointed by the tempo-
 rary president of the senate, and one to be appointed by the speaker  of
 the assembly.
   2. The commissioners of the department of health, the office of mental
 health,  the office [of mental retardation and] FOR PEOPLE WITH develop-
 mental disabilities, and the director of the office for the aging  shall
 rotate as chairperson of the council on a quarterly basis.
   §  4.  Section  179-aa of the state finance law, as amended by chapter
 292 of the laws of 2007, is amended to read as follows:
   § 179-aa. Advisory committee. There is hereby established  a  not-for-
 profit  contracting  advisory  committee.  The  advisory committee shall
 consist of sixteen members which shall include eight appointed  members,
 four  to  be  appointed  by the governor who shall be representatives of
 not-for-profit organizations providing services in the  state,  and  two
 each  to  be appointed by the governor upon recommendation of the tempo-
 rary president of the senate and speaker of the assembly, and  eight  ex
 officio  members of the committee, one each designated from the division
 of the budget, the department of law, the  office  of  the  state  comp-
 troller, and the education department. The governor shall also designate
 four members from among the following agencies: the department of state,
 the  office of children and family services, the office of temporary and
 disability assistance, the department of health, the  office  of  mental
 hygiene, the office [of mental retardation and] FOR PEOPLE WITH develop-
 mental  disabilities,  and  the department of labor.  The governor shall
 designate an appointee to serve as chair of the committee. The  advisory
 committee shall meet at least quarterly and upon its own initiative may:
 comment  and  report on the implementation and operation of the not-for-
 profit short-term revolving loan fund; advise the governor,  comptroller
 and  state agencies on the implementation and operation of this article;
 evaluate the benefits of requiring all state agencies  to  use  standard
 contract  language  and  the  extent  to  which standard language may be
 effectively included in  contracts  with  not-for-profit  organizations;
 review  annually  the report of the office of the state comptroller made
 pursuant to section one hundred seventy-nine-bb  of  this  article;  and
 propose any legislation they deem necessary to improve the fund and this
 article.  The committee shall report to the governor and the legislature
 with recommendations on improving the contracting procedures  with  not-

 S. 5991                             4
 
 for-profit  organizations which receive state funds through the interme-
 diary of municipalities.  Such reports shall be due annually  not  later
 than December first.
   §  5.  Subdivision  1  of  section  73-d of the transportation law, as
 amended by chapter 562 of the laws  of  1987,  is  amended  to  read  as
 follows:
   1. There is hereby created a committee to be known as the "interagency
 coordinating  committee on rural public transportation", to be comprised
 of nineteen members. The commissioner or his or her designee shall serve
 as chairperson. Twelve of such members shall be the following or his  or
 her  duly  designated representative: the director of the office for the
 aging; the commissioner of education; the  commissioner  of  labor;  the
 commissioner of health; the commissioner of the office of mental health;
 the  commissioner  of  the office [of mental retardation and] FOR PEOPLE
 WITH developmental disabilities; the commissioner  of  social  services;
 state  advocate  for  the  disabled; secretary of state; commissioner of
 agriculture and markets; the director of the office of rural affairs and
 the director of the division for youth. Six additional members,  all  of
 whom  shall  be transportation providers or consumers representing rural
 counties shall be appointed to serve a term of three years  as  follows:
 two  by  the  president pro-tempore of the senate, two by the speaker of
 the assembly, one by the minority leader of the senate, and one  by  the
 minority  leader  of  the  assembly.  Efforts shall be made to provide a
 broad  representation  of  consumers  and  providers  of  transportation
 services  in  rural  counties when making such appointments.  Members of
 the committee shall receive no salary.
   The commissioner shall cause the department to provide  staff  assist-
 ance  necessary for the efficient and effective operation of the commit-
 tee.
   § 6. The undesignated paragraph of paragraph (b) of subdivision  2  of
 section  1676  of the public authorities law, as added by chapter 281 of
 the laws of 1988, is amended to read as follows:
   The Devereux Foundation for the financing, construction and  equipping
 of  facilities subject to the approval of the commissioner of education,
 the commissioner of social services and the commissioner of  the  office
 [of  mental  retardation and] FOR PEOPLE WITH developmental disabilities
 for a residential and educational program for children with handicapping
 conditions, as such term  is  defined  in  subdivision  one  of  section
 forty-four  hundred one of the education law, including, but not limited
 to, those students who were publicly placed  at  the  Rhinebeck  Country
 School  during the nineteen hundred eighty-six--eighty-seven school year
 and in furtherance of the state's overall goal of reducing the number of
 children with handicapping conditions requiring out-of-state placements:
 nothing in the foregoing shall be deemed to authorize The Devereux Foun-
 dation to apply any funds or credit obtained pursuant  to  this  section
 toward  the  financing,  construction  or equipping of facilities on any
 other property or properties it presently owns or controls  or  owns  or
 controls in the future.
   §  7.  The undesignated paragraph of paragraph (b) of subdivision 2 of
 section 1676 of the public authorities law, as added by chapter  471  of
 the laws of 2009, is amended to read as follows:
   Not-for-profit  members  of InterAgency Council of [Mental Retardation
 and] Developmental Disabilities Agencies,  Inc.,  for  the  acquisition,
 financing, refinancing, construction, reconstruction, renovation, devel-
 opment,  improvement,  expansion  and  equipping of certain educational,

 S. 5991                             5
 
 administrative, day program and residential facilities to be located  in
 the state of New York.
   §  8.  The  undesignated paragraph of subdivision 1 of section 1680 of
 the public authorities law, as added by chapter 281 of the laws of 1988,
 is amended to read as follows:
   The Devereux Foundation for the financing, construction and  equipping
 of  facilities subject to the approval of the commissioner of education,
 the commissioner of social services and the commissioner of  the  office
 [of  mental  retardation and] FOR PEOPLE WITH developmental disabilities
 for a residential and educational program for children with handicapping
 conditions, as such term  is  defined  in  subdivision  one  of  section
 forty-four  hundred one of the education law, including, but not limited
 to, those students who were publicly placed  at  the  Rhinebeck  Country
 School  during the nineteen hundred eighty-six--eighty-seven school year
 and in the furtherance of the  state's  overall  goal  of  reducing  the
 number  of  children with handicapping conditions requiring out-of-state
 placements: nothing in the foregoing shall be deemed  to  authorize  The
 Devereux  Foundation  to apply any funds or credits obtained pursuant to
 this section toward the financing, construction or equipping of  facili-
 ties  on  any other property or properties it presently owns or controls
 or owns or controls in the future.
   § 9. The undesignated paragraph of subdivision 1 of  section  1680  of
 the public authorities law, as added by chapter 343 of the laws of 1992,
 is amended to read as follows:
   Ferncliff  Manor  as a not-for-profit residential school serving chil-
 dren who are severely mentally disabled and medically involved, who will
 also on a not-for-profit basis operate an  intermediate  care  facility,
 for the financing, construction, reconstruction, improvement, renovation
 and development of five twelve bed dormitories in Westchester County for
 such  children,  subject  to the approval of the commissioners of educa-
 tion, social services, and  [mental  retardation  and]  THE  OFFICE  FOR
 PEOPLE  WITH  developmental  disabilities,  and  subject  further to the
 approval of the director of the budget as to project  need  and  project
 cost.  Except to the extent otherwise prohibited by law, Ferncliff Manor
 shall have full power and authority to assign and pledge to the authori-
 ty, together with any pledge of its own assets and other income, any and
 all public funds to be apportioned or  otherwise  made  payable  by  the
 state, a political subdivision, as defined in section one hundred of the
 general  municipal  law, or any social services district in the state in
 an amount sufficient to make all payments required to be made  by  Fern-
 cliff  Manor  pursuant to any lease, sublease or other agreement entered
 into between Ferncliff Manor and the  authority.  All  state  and  local
 officers  are  hereby  authorized  and required to pay all such funds so
 assigned and pledged to the authority  or  upon  the  direction  of  the
 authority,  to any trustee of any authority bond or note issued pursuant
 to a certificate filed with any such  state  or  local  officer  by  the
 authority  pursuant  to  the provisions of this section. No agreement or
 lease by Ferncliff Manor shall be  effective  unless  and  until  it  is
 approved  by  or  on  behalf  of  the commissioners of education, social
 services, and [mental retardation and] THE OFFICE FOR PEOPLE WITH devel-
 opmental disabilities, and subject further to the approval of the direc-
 tor of the budget as to project need and project cost.
   § 10. The undesignated paragraph of subdivision 1 of section  1680  of
 the  public  authorities  law,  as amended by chapter 780 of the laws of
 1992, is amended to read as follows:

 S. 5991                             6

   The Leake and Watts Children's Home (Incorporated), Yonkers, New  York
 for the financing, construction, reconstruction, improvement, renovation
 or  otherwise for (1) a new school building for the junior high and high
 school vocational programs including a field house; (2) a new children's
 cottage  and  renovation and reconstruction of eight existing children's
 cottages to provide more efficient heating  and  cooling  systems,  more
 secure  supervision  and  to increase the number of beds; (3) renovation
 and reconstruction of the main building to provide  new  electrical  and
 plumbing  systems  and  internal  rehabilitation; and (4) renovation and
 reconstruction of the old school building for multiple use;  subject  to
 the  approval  of  the  commissioners  of education, social services and
 [mental retardation and] THE OFFICE FOR PEOPLE WITH developmental  disa-
 bilities,  and  subject  further  to the approval of the director of the
 budget including as to project need and  project  cost.  Notwithstanding
 any  other provision of law, The Leake and Watts Children's Home (Incor-
 porated) shall have full power and authority to assign and pledge to the
 authority, together with any other assets so pledged, any and all  prop-
 erty  rights  to, and property interests in, any and all public funds to
 be apportioned or otherwise made  payable  by  the  state,  a  political
 subdivision,  as defined in section one hundred of the general municipal
 law, or any social services district in the state in  an  amount  suffi-
 cient  to  make  all payments required to be made by The Leake and Watts
 Children's Home (Incorporated) pursuant to any lease, sublease or  other
 agreement  entered  into  between  The  Leake  and Watts Children's Home
 (Incorporated) and the authority. All state and local officers are here-
 by authorized and required to pay all such funds so assigned and pledged
 to the authority or upon the direction of the authority, to any  trustee
 of  any  authority  bond  or note issued pursuant to a certificate filed
 with any such state or local officer by the authority  pursuant  to  the
 provisions of this section. No lease, sublease or other agreement by The
 Leake and Watts Children's Home (Incorporated) shall be effective unless
 and  until it is approved by or on behalf of the commissioners of educa-
 tion, social services and [mental retardation and] THE OFFICE FOR PEOPLE
 WITH developmental disabilities and subject further to the  approval  of
 the  director  of  the  budget  including as to project need and project
 cost.
   § 11. The undesignated paragraph of subdivision 1 of section  1680  of
 the public authorities law, as added by chapter 471 of the laws of 2009,
 is amended to read as follows:
   Not-for-profit  members  of InterAgency Council of [Mental Retardation
 and] Developmental Disabilities Agencies,  Inc.,  for  the  acquisition,
 financing, refinancing, construction, reconstruction, renovation, devel-
 opment,  improvement,  expansion  and  equipping of certain educational,
 administrative, day program and residential facilities to be located  in
 the  state of New York. Notwithstanding any other provision of law, not-
 for-profit members of the InterAgency  Council  of  [Mental  Retardation
 and] Developmental Disabilities Agencies, Inc. shall have full power and
 authority  to  assign and pledge to the dormitory authority, any and all
 public funds to be apportioned or otherwise made payable by  the  United
 States,  any  agency thereof, the state, any agency thereof, a political
 subdivision, as defined in section one hundred of the general  municipal
 law, any social services district in the state or any other governmental
 entity  in an amount sufficient to make all payments required to be made
 by such members pursuant to  any  lease,  sublease  or  other  agreement
 entered into between such members and the dormitory authority. All state
 and  local  officers  are hereby authorized and required to pay all such

 S. 5991                             7
 
 funds so assigned and pledged to the dormitory authority  or,  upon  the
 direction  of  the  dormitory authority, to any trustee of any dormitory
 authority bond or note issued, pursuant to a certificate filed with  any
 such  state  or local officer by the dormitory authority pursuant to the
 provisions of this section.
   § 12. Subdivision 3 of section 2879-a of the public  authorities  law,
 as  added  by  chapter  506  of  the laws of 2009, is amended to read as
 follows:
   3. This section shall not apply to: (a) contracts entered into for the
 issuance  of  commercial  paper  or  bonded  indebtedness,  other   than
 contracts  with  the  state  providing  for  the payment of debt service
 subject to an appropriation; (b) contracts entered  into  by  an  entity
 established  under  article ten-c of the public authorities law that are
 for: (i) projects approved by the department of  health  or  the  public
 health  council  in accordance with articles twenty-eight, thirty-six or
 forty of the public health law or article seven of the  social  services
 law;  (ii)  projects approved by the office of mental health, the office
 [of mental retardation and] FOR PEOPLE WITH developmental  disabilities,
 or  the  office of alcoholism and substance abuse services in accordance
 with articles sixteen, thirty-one, or thirty-two of the  mental  hygiene
 law; (iii) services, affiliations or joint ventures for the provision or
 administration  of  health  care  services  or scientific research; (iv)
 payment for direct health care services or goods used in  the  provision
 of  health  care  services;  or  (v)  participation  in group purchasing
 arrangements; (c) contracts entered into for the procurement  of  goods,
 services  or  both  goods  and services made to meet emergencies arising
 from unforeseen causes or to effect repairs to  critical  infrastructure
 that are necessary to avoid a delay in the delivery of critical services
 that  could  compromise the public welfare; (d) contracts of purchase or
 sale of energy, electricity or ancillary services made by  an  authority
 on  a  recognized market for goods, services, or commodities in question
 in accordance with standard terms and conditions of purchase or sale  at
 a  market  price;  (e)  contracts  for the purchase, sale or delivery of
 power or energy, fuel, costs and services ancillary thereto,  or  finan-
 cial  products related thereto, with a term of less than five years; and
 (f) contracts for the sale or delivery of power or energy and costs  and
 services ancillary thereto for economic development purposes pursuant to
 title one of article five of this chapter or article six of the economic
 development law, provided, however, that the authority shall file copies
 of  any  such  contract with the comptroller within sixty days after the
 execution of such contract.
   § 13. Subdivisions 2 and 3 of section 32 of  the  public  health  law,
 subdivision  2  as added by chapter 442 of the laws of 2006 and subdivi-
 sion 3 as amended by chapter 109 of the laws of  2007,  are  amended  to
 read as follows:
   2. to conduct and supervise activities to prevent, detect and investi-
 gate  medical  assistance program fraud and abuse amongst the following:
 the department; the offices of mental health,  [mental  retardation  and
 developmental  disabilities,]  alcoholism  and substance abuse services,
 temporary disability assistance, and children and  family  services  AND
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
   3.  to  coordinate,  to  the  greatest  extent possible, activities to
 prevent, detect and investigate medical  assistance  program  fraud  and
 abuse  amongst  the  following:  the  department;  the offices of mental
 health, [mental retardation and developmental disabilities,]  alcoholism
 and substance abuse services, temporary disability assistance, and chil-

 S. 5991                             8
 
 dren  and  family  services AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES; the commission on quality of care and advocacy for persons
 with  disabilities;  the  department  of  education;  the  fiscal  agent
 employed  to  operate  the  medical  assistance  information and payment
 system; local governments and entities; and to work in a coordinated and
 cooperative manner with, to the greatest  extent  possible,  the  deputy
 attorney  general  for  Medicaid  fraud  control;  the welfare inspector
 general, federal prosecutors, district attorneys within the  state,  the
 special  investigative  unit maintained by each health insurer operating
 within the state, and the state comptroller;
   § 14. Section 34 of the public health law, as added by chapter 442  of
 the laws of 2006, is amended to read as follows:
   §  34. Transfer of employees. Upon the transfer of the medical assist-
 ance program audit and fraud and abuse  prevention  functions  from  the
 department  and  the  offices  of mental health, [mental retardation and
 developmental disabilities,] alcoholism and  substance  abuse  services,
 temporary  disability  assistance,  and children and family services AND
 THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES  to  the  office
 within  the  department  pursuant  to  section thirty-one of this title,
 provision shall be made for  the  transfer  of  necessary  officers  and
 employees  who are substantially engaged in the performance of the func-
 tion to be transferred, and any  documents  and  records  necessary  and
 related  to the transfer of such functions. The heads of the departments
 or agencies from which such  function  is  to  be  transferred  and  the
 inspector  shall  confer to determine the officers and employees who are
 substantially engaged in the medical assistance program audit and  fraud
 and  abuse  prevention  function  to  be transferred. In accordance with
 subdivision two of section seventy of the civil  service  law,  officers
 and  employees so transferred shall be transferred without further exam-
 ination or qualification to the same or similar titles and shall  remain
 in the same collective bargaining unit and shall retain their respective
 civil  service  classification,  status  and  rights  pursuant  to their
 collective  bargaining  unit  and   collective   bargaining   agreement.
 Notwithstanding  the  office's regional operations, all office employees
 shall be co-located, to the greatest extent practicable.  The  inspector
 shall  have  sole  responsibility  for  establishing methods of adminis-
 tration for the office.
   § 15. Subdivision 2 of section 2004-a of the  public  health  law,  as
 added  by  section  24  of  part B of chapter 58 of the laws of 2007, is
 amended to read as follows:
   2. The council shall be comprised of twenty-one  members  as  follows:
 the  commissioner  of  health,  the director of the state office for the
 aging, the commissioner of children and family services, the commission-
 er of education, the commissioner of mental health and the  commissioner
 of  [mental  retardation  and]  THE OFFICE FOR PEOPLE WITH developmental
 disabilities who shall serve ex officio and who may designate  represen-
 tatives  to act on their behalf.  The governor shall appoint seven other
 members with expertise in Alzheimer's disease, other dementia  or  elder
 care  issues, at least two of whom shall represent not-for-profit corpo-
 rations whose primary purpose is to provide access  to  experts  in  the
 care  of persons with Alzheimer's disease and related dementia, that are
 part of a statewide network of not-for-profit  corporations  established
 specifically  to respond at the local and regional level to the needs of
 this population and that provide family intervention services related to
 Alzheimer's disease in order to postpone or prevent nursing home  place-
 ments  of  individuals with Alzheimer's disease or other dementia. Eight

 S. 5991                             9
 
 members shall be appointed by the governor on the recommendation of  the
 legislative  leaders  as  follows: the temporary president of the senate
 and the speaker of the assembly shall each recommend  three  members  to
 the council. One of the three members recommended by the temporary pres-
 ident and one of the three members recommended by the speaker shall be a
 clinical  or  research  expert  in  the field of dementia and one of the
 three members appointed by each shall be a family member or caregiver of
 a person suffering from  Alzheimer's  disease  or  other  dementia.  One
 member  shall  be appointed on the recommendation of the minority leader
 of the senate and one member shall be appointed on the recommendation of
 the minority leader of the assembly. The commissioner of health and  the
 director  of  the  office  for  the  aging  shall  serve, ex officio, as
 co-chairs of the council. Administrative duties shall be  the  responsi-
 bility  of  the  department. The members of the council shall receive no
 compensation for their services.
   § 16. Subdivision 17 of section 2541 of  the  public  health  law,  as
 added by chapter 428 of the laws of 1992, is amended to read as follows:
   17.  "State early intervention service agencies" means the departments
 of health, education and social  services  and  the  offices  of  mental
 health[,  mental retardation and developmental disabilities] and [office
 of] alcoholism and substance abuse services AND THE  OFFICE  FOR  PEOPLE
 WITH DEVELOPMENTAL DISABILITIES.
   § 17. Subdivision 4 of section 2559 of the public health law, as added
 by  section  8 of part B-3 of chapter 62 of the laws of 2003, is amended
 to read as follows:
   4. Notwithstanding any  other  provision  of  law,  the  commissioner,
 pursuant  to  a memorandum of understanding with the commissioner of the
 office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
 bilities,  shall  develop and submit a medicaid home and community based
 services waiver, pursuant to section 1915c of the social  security  act,
 for  the  purpose  of  creating  a waiver program to provide and finance
 services for children who qualify for the early intervention program. In
 further establishing eligibility criteria under the waiver program,  the
 commissioner,  in  conjunction  with  the commissioner of the office [of
 mental retardation and]  FOR  PEOPLE  WITH  developmental  disabilities,
 shall  establish  health, developmental and psycho-social criteria which
 shall permit the broadest eligibility based on criteria  for  the  early
 intervention program and federal standards for participation in a waiver
 program.  The  waiver application shall be submitted pursuant to section
 1915c of the social security act no later than January first, two  thou-
 sand four.
   §  18.  Section 2740 of the public health law, as added by chapter 196
 of the laws of 1994, is amended to read as follows:
   § 2740. Traumatic brain injury program.  The department shall have the
 central responsibility for administering the provisions of this  article
 and otherwise coordinating the state's policies with respect to traumat-
 ic  brain injury, in consultation with the office [of mental retardation
 and] FOR PEOPLE WITH developmental disabilities, the  office  of  mental
 health,  the  department  of  education,  the  office  of alcoholism and
 substance abuse services, the department of social services, the  office
 of  the  advocate for the disabled and the commission on quality of care
 for the mentally disabled.
   § 19. Subdivision 1 of section 2744 of the public health law, as added
 by chapter 196 of the laws of 1994, is amended to read as follows:
   1. The traumatic brain injury services coordinating council is  hereby
 established  and  shall consist of the following persons or their desig-

 S. 5991                            10
 
 nees: the commissioner, the commissioner of [mental retardation and] THE
 OFFICE FOR PEOPLE WITH developmental disabilities, the office of  mental
 health,  the  commissioner  of education, the commissioner of alcoholism
 and  substance  abuse services, the commissioner of social services, the
 state advocate for the disabled and the commission on  quality  of  care
 for the mentally disabled. In addition, the council shall consist of the
 following persons: five persons appointed by the governor, three of whom
 shall  be  persons  with traumatic brain injury and two of whom shall be
 representative of the public  and  have  a  demonstrated  expertise  and
 interest  in traumatic brain injury; two persons appointed by the tempo-
 rary president of the senate, one of whom shall be a person  with  trau-
 matic brain injury and one of whom shall be representative of the public
 and  have a demonstrated expertise and interest in traumatic brain inju-
 ry; two persons appointed by the speaker of the assembly,  one  of  whom
 shall  be  a person with traumatic brain injury and one of whom shall be
 representative of the public  and  have  a  demonstrated  expertise  and
 interest in traumatic brain injury, one person appointed by the minority
 leader  of  the senate who shall be a person with traumatic brain injury
 or be representative of the public and have a demonstrated expertise and
 interest in traumatic brain injury; and  one  person  appointed  by  the
 minority  leader  of  the  assembly who shall be a person with traumatic
 brain injury or be representative of the public and have a  demonstrated
 expertise  and  interest  in traumatic brain injury. Of the five persons
 appointed by the governor, three shall serve for a term of one year, one
 shall serve for a term of two years and one shall serve for  a  term  of
 three  years. Of the two persons appointed by the temporary president of
 the senate, one shall serve for a term of two years and one shall  serve
 for  a  term of three years. Of the two persons appointed by the speaker
 of the assembly, one shall serve for a term of two years and  one  shall
 serve  for  a  term of three years. The person appointed by the minority
 leader of the senate and the person appointed by the minority leader  of
 the assembly shall serve for a term of one year. Subsequent appointments
 for  vacancies shall be for a term of three years and shall be filled in
 the same manner as the original appointment.
   § 20. Subparagraph (ii) of paragraph (e) of subdivision 2-a of section
 2807 of the public health law, as amended by section 15  of  part  C  of
 chapter 58 of the laws of 2009, is amended to read as follows:
   (ii) Notwithstanding this subdivision and any other contrary provision
 of  law, the commissioner may incorporate within the payment methodology
 described in subparagraph (i) of this  paragraph  payment  for  services
 provided  by  facilities  pursuant to licensure under the mental hygiene
 law, provided, however, that such APG payment methodology may be  phased
 into effect in accordance with a schedule or schedules as jointly deter-
 mined  by  the  commissioner,  the  commissioner  of  mental health, the
 commissioner of alcoholism and substance abuse services, and the commis-
 sioner of [mental retardation and] THE OFFICE FOR PEOPLE  WITH  develop-
 mental disabilities.
   §  21.  Paragraph (c) of subdivision 1 of section 2807-d of the public
 health law, as added by section 193 of part A of chapter 389 of the laws
 of 1997, is amended to read as follows:
   (c) On and after December first, nineteen  hundred  ninety-seven,  the
 term  "general  hospital",  as  used in this section, includes specialty
 hospitals for persons who are developmentally disabled, licensed by  the
 office  [of  mental retardation and] FOR PEOPLE WITH developmental disa-
 bilities and which are also issued an operating certificate pursuant  to
 section twenty-eight hundred five of this article.

 S. 5991                            11
 
   §  22. The opening paragraph of section 2978 of the public health law,
 as amended by chapter 8 of the laws of  2010,  is  amended  to  read  as
 follows:
   The  commissioners  of  mental health and [mental retardation and] THE
 OFFICE FOR PEOPLE WITH developmental disabilities shall  establish  such
 regulations  as may be necessary for implementation of this article with
 respect to those persons in mental hygiene facilities.
   § 23. The opening paragraph of subdivision 1 of section  2979  of  the
 public  health  law,  as  amended  by  chapter 8 of the laws of 2010, is
 amended to read as follows:
   The commissioners of mental health and [mental  retardation  and]  THE
 OFFICE FOR PEOPLE WITH developmental disabilities shall prepare a state-
 ment  summarizing  the  rights, duties, and requirements of this article
 and shall require that a copy of such statement:
   § 24. Subdivision 10 of section 2980 of  the  public  health  law,  as
 amended  by  chapter  23  of  the  laws  of  1994, is amended to read as
 follows:
   10. "Mental hygiene facility" means a residential facility,  excluding
 family  care  homes, operated or licensed by the office of mental health
 or the office [of mental retardation and] FOR PEOPLE WITH  developmental
 disabilities.
   § 25. Subdivision 2 of section 2991 of the public health law, as added
 by chapter 752 of the laws of 1990, is amended to read as follows:
   2. Such procedures shall be established in accordance with regulations
 issued by the commissioners of health, mental health, and [mental retar-
 dation  and]  THE  OFFICE FOR PEOPLE WITH developmental disabilities for
 facilities subject to their respective regulatory authorities.
   § 26. Section 2993 of the public health law, as added by  chapter  752
 of the laws of 1990, is amended to read as follows:
   §  2993. Regulations. The commissioner of health, in consultation with
 the commissioners of the office of mental  health  and  the  office  [of
 mental  retardation  and]  FOR  PEOPLE  WITH developmental disabilities,
 shall establish such regulations as may be necessary for the implementa-
 tion of this article, subject to the provisions of  subdivision  two  of
 section two thousand nine hundred ninety-one of this article.
   §  27.  Subdivision  20 of section 2994-a of the public health law, as
 added by chapter 8 of the laws of 2010, is amended to read as follows:
   20. "Mental hygiene facility" means a facility operated or licensed by
 the office of mental health or the office [of  mental  retardation  and]
 FOR PEOPLE WITH developmental disabilities as defined in subdivision six
 of section 1.03 of the mental hygiene law.
   §  28.  Paragraph (c) of subdivision 3 of section 2994-b of the public
 health law, as added by chapter 8 of the laws of  2010,  is  amended  to
 read as follows:
   (c)  If  a  health  care  decision  for a patient cannot be made under
 [paragraphs] PARAGRAPH (a) or (b) of this subdivision, but  consent  for
 the decision may be provided pursuant to the mental hygiene law or regu-
 lations of the office of mental health or the office [of mental retarda-
 tion  and] FOR PEOPLE WITH developmental disabilities, then the decision
 shall be governed by such statute or regulations and not by  this  arti-
 cle.
   §  29.  Subdivision  2  of section 2994-t of the public health law, as
 added by chapter 8 of the laws of 2010, is amended to read as follows:
   2. The commissioner, in consultation with  the  commissioners  of  the
 office  of  mental health and the office [of mental retardation and] FOR
 PEOPLE WITH developmental  disabilities,  shall  promulgate  regulations

 S. 5991                            12
 
 identifying  the  credentials  of health care professionals qualified to
 provide an independent determination, pursuant to subdivision  three  of
 section  twenty-nine  hundred  ninety-four-c  of  this  article,  that a
 patient  lacks  decision-making  capacity  because  of mental illness or
 developmental disability.
   § 30. Subdivision 12 of section 2994-aa of the public health  law,  as
 added by chapter 8 of the laws of 2010, is amended to read as follows:
   12. "Mental hygiene facility" means a residential facility operated or
 licensed  by the office of mental health or the office [of mental retar-
 dation and] FOR PEOPLE WITH developmental disabilities.
   § 31. Subdivision 4 of section 3 of the public lands law,  as  amended
 by chapter 785 of the laws of 1982, is amended to read as follows:
   4.  Notwithstanding any other provision of this chapter or other stat-
 ute, the commissioner of general services, upon the application  of  any
 state  department,  or a division, bureau or agency thereof, or upon the
 application of any state agency, may transfer to such state  department,
 division,  bureau, or agency, or state agency, the jurisdiction over any
 lands, including lands under  water,  abandoned  canal  lands  and  salt
 springs  reservation land, upon such terms and conditions as the commis-
 sioner may deem just and proper and upon the consent of the  department,
 or  a  division,  bureau or agency thereof, or any state agency, already
 having jurisdiction  over  such  lands  and  notwithstanding  any  other
 provision  of  this  chapter  or  other  statute, authority to give such
 consent is hereby conferred upon the head of any such state  department,
 or  a division, bureau or agency thereof, or any state agency; provided,
 however, that if the commissioner of general  services  determines  that
 any such land under the jurisdiction of any state department, or a divi-
 sion,  bureau or agency thereof, or any state agency other than a public
 authority or public benefit corporation is  under  utilized  or  is  not
 being  utilized  in  a  manner consistent with the best interests of the
 state, such commissioner may on his  own  initiative,  and  without  the
 application  or  consent  referred to above but subject to the procedure
 and review provided in section  two-a  of  this  article,  transfer  the
 jurisdiction  over  such  land to any other state department, or a divi-
 sion, bureau or agency thereof, or any other state agency other  than  a
 public  authority  or  public  benefit  corporation. Should such land be
 under the jurisdiction of the office of mental health or the office  [of
 mental  retardation and] FOR PEOPLE WITH developmental disabilities upon
 which a community residential facility for the disabled  as  defined  in
 section  41.34  of  the  mental  hygiene law exists, the commissioner of
 general services shall, prior to transferring the jurisdiction over such
 land to any other state department, or  a  division,  bureau  or  agency
 thereof,  or  any  other  state  agency other than a public authority or
 public benefit corporation offer such land for sale  at  public  auction
 pursuant  to  section  thirty-three  of this chapter; provided, however,
 that the provisions of section four hundred six of  the  eminent  domain
 procedure law shall apply to such property.
   § 32. Subdivisions 3 and 4 of section 30-a of the public lands law, as
 added  by  chapter  785  of  the  laws  of  1982, are amended to read as
 follows:
   3. Upon the filing of a declaration of abandonment by the commissioner
 of the office of mental health or by the commissioner of the office  [of
 mental  retardation  and]  FOR PEOPLE WITH developmental disabilities of
 state-owned lands upon which a community residential  facility  for  the
 disabled  as  defined in section 41.34 of the mental hygiene law exists,
 and with an approval thereof by the commissioner  of  general  services,

 S. 5991                            13

 such  lands  shall become unappropriated state lands; and prior to being
 transferred to the jurisdiction of another state agency shall be offered
 for sale at public auction pursuant  to  section  thirty-three  of  this
 article;  provided, however, that the provisions of section four hundred
 six of the eminent domain procedure law shall apply to such property.
   4. Should state-owned real property  under  the  jurisdiction  of  the
 office  of  mental  health or the office [of mental retardation and] FOR
 PEOPLE WITH developmental disabilities and upon which a community  resi-
 dential  facility  for  the  disabled as defined in section 41.34 of the
 mental hygiene law exists, be declared abandoned by the commissioner  of
 general  services pursuant to subdivision two of this section, such real
 property shall become unappropriated state lands;  and  prior  to  being
 transferred  to  the  jurisdiction  of  another  state  agency, shall be
 offered for sale at public auction pursuant to section  thirty-three  of
 this  article;  provided,  however,  that the provisions of section four
 hundred six of the eminent domain procedure  law  shall  apply  to  such
 property.
   §  33. Subdivision 23 of section 305 of the education law, as added by
 chapter 515 of the laws of 1992, is amended to read as follows:
   23. The commissioner shall have primary responsibility for the  devel-
 opment and implementation of integrated employment opportunities includ-
 ing  short-term  and  intensive  supported  employment  services and, as
 appropriate, long-term extended support services  and  shall  coordinate
 with the commissioner of social services, the commissioner of the office
 of  mental health and the commissioner of the office [of mental retarda-
 tion and] FOR PEOPLE WITH developmental disabilities under an integrated
 employment implementation plan, pursuant to article twenty-one  of  this
 chapter.
   §  34.  Subparagraph  (i) of paragraph (j) of subdivision 1 of section
 414 of the education law, as added by chapter 513 of the laws  of  2005,
 is amended to read as follows:
   (i)  For  the purposes of this subdivision, the term "licensed school-
 based health, dental or mental health clinic" means  a  clinic  that  is
 located  in  a  school facility of a school district or board of cooper-
 ative educational services, is operated by  an  entity  other  than  the
 school  district  or  board of cooperative educational services and will
 provide health, dental or mental health  services  during  school  hours
 and/or  non-school  hours to school-age and preschool children, and that
 is: (1) a health clinic approved under the  provisions  of  chapter  one
 hundred  ninety-eight  of the laws of nineteen hundred seventy-eight; or
 (2) another school-based health or dental clinic licensed by the depart-
 ment of health pursuant to article twenty-eight  of  the  public  health
 law;  or (3) a school-based mental health clinic licensed or approved by
 the office of mental health pursuant to article thirty-one of the mental
 hygiene law; or (4) a school-based mental health clinic licensed by  the
 office  [of  mental retardation and] FOR PEOPLE WITH developmental disa-
 bilities pursuant to article sixteen of the mental hygiene law.
   § 35. Paragraphs a and c of subdivision 2 and the closing paragraph of
 subdivision 3 of section 1004-b of the education law, as added by  chap-
 ter 515 of the laws of 1992, are amended to read as follows:
   a.  The  commissioner,  in consultation with and with the agreement of
 the commissioners of mental health, [mental retardation and] THE  OFFICE
 FOR  PEOPLE  WITH  developmental  disabilities and social services shall
 develop a state interagency plan for the  implementation  of  integrated
 employment  opportunities  for  individuals  with  severe  disabilities,
 including supported employment. Such plan shall be  designed  so  as  to

 S. 5991                            14
 
 ensure  that  the  state's  integrated employment efforts, including the
 supported employment program, are  planned,  developed  and  implemented
 comprehensively, with roles and responsibilities of the respective agen-
 cies  well-defined.  Such  plan  shall  reflect the department's primary
 responsibility for the development  of  integrated  employment  opportu-
 nities  for  individuals  with severe disabilities, including short-term
 and intensive supported employment  services,  as  well  as  appropriate
 responsibilities  for  long  term  extended  support services. Such plan
 shall specify the role and  responsibilities  of  each  such  agency  in
 assuring that:
   c.  The  commissioner,  in  consultation with the commissioners of the
 office of mental health, the office  [of  mental  retardation  and]  FOR
 PEOPLE  WITH  developmental  disabilities  and  the department of social
 services, shall develop an audit protocol to verify the actual costs  of
 providing such programs.
   The  commissioners  of  the  office  of  mental health, the office [of
 mental retardation and] FOR PEOPLE WITH developmental disabilities,  and
 the department of social services shall provide any information required
 to assist the commissioner in making such report.
   §  36.  Paragraph  c  and  subparagraphs 1, 2 and 13 of paragraph d of
 subdivision 5 of section 3202 of the education law, paragraph c as added
 by chapter 66 of the laws of 1978, subparagraph  2  of  paragraph  c  as
 amended  by  section  26  of  part  B of chapter 57 of the laws of 2007,
 subparagraphs 1 and 2 as amended by chapter 260 of the laws of 1993  and
 subparagraph 13 as amended by chapter 273 of the laws of 1986 and renum-
 bered by chapter 57 of the laws of 1993, are amended to read as follows:
   c. (1) The education department is authorized to reimburse each school
 district furnishing educational services to children residing in schools
 for  the mentally retarded operated by the office [of mental retardation
 and] FOR PEOPLE WITH developmental disabilities for the direct  cost  of
 such  services in accordance with regulations promulgated by the commis-
 sioner and approved by the director of the budget.
   (2) The school district in which each such child resided at  the  time
 the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
 disabilities assumed responsibility for the support and  maintenance  of
 such child shall reimburse the education department for its expenditures
 on behalf of such child, in an amount equal to the school district basic
 contribution  as  such  term  is defined in subdivision eight of section
 forty-four hundred one of this chapter, for any such child admitted to a
 state school for the retarded on or after July first,  nineteen  hundred
 seventy-eight.  The  comptroller  may  deduct from any state funds which
 become due to a school district an amount  equal  to  the  reimbursement
 required  to  be  made  by  such school district in accordance with this
 paragraph and the amount so  deducted  shall  not  be  included  in  the
 approved operating expense of such district for the purpose of computing
 the  approved  operating expenses pursuant to paragraph t of subdivision
 one of section thirty-six hundred two of this chapter.
   (1) Children who reside in  an  intermediate  care  facility  for  the
 mentally  retarded,  other than a state operated school for the mentally
 retarded, as defined in regulations of the office [of mental retardation
 and] FOR PEOPLE WITH developmental disabilities, shall  be  admitted  to
 the  public  schools, except as otherwise provided in subparagraph four-
 teen of this paragraph.   The trustees or  board  of  education  of  the
 school  district  in  which  such facility is located shall receive such
 children in the school or schools of the district  for  instruction  and
 for the provision of necessary related services for a compensation to be

 S. 5991                            15
 
 fixed  by  the  trustees  or board of education, unless such trustees or
 board of education shall establish to the satisfaction  of  the  commis-
 sioner  of  education  that  there  are valid and sufficient reasons for
 refusal  to  receive such children.  Evaluation of the educational needs
 of such children and placement in appropriate educational programs shall
 be made in accordance with article eighty-nine of this chapter.
   (2) A child who resides in an individualized  residential  alternative
 as  defined in regulations of the office [of mental retardation and] FOR
 PEOPLE WITH developmental disabilities which  is  located  in  a  school
 district  other than the school district in which such child's parent or
 person in parental relation resided at the time such child was placed in
 an institution under the auspices of such  office  shall  be  deemed  to
 reside in an intermediate care facility for purposes of this subdivision
 to the extent such child is enrolled in a home and community based waiv-
 er program approved by the Health Care Financing Administration.
   (13)  The  school  district providing educational services to children
 placed pursuant to this paragraph shall provide a report on  the  status
 of each such child with a handicapping condition annually to the commit-
 tee  on  special  education  of  the  school district in which the child
 resided at the time of admission to the intermediate care  facility  for
 the  mentally  retarded. Such report shall also be sent to the parent or
 guardian of the child and the office [of  mental  retardation  and]  FOR
 PEOPLE WITH developmental disabilities.
   §  37.  The  opening paragraph of clause (c) of subparagraph 4 and the
 opening paragraph and clauses (a) and (b) of subparagraph 5 of paragraph
 b of subdivision 1 of section 4402 of the  education  law,  the  opening
 paragraph  of  clause (c) of subparagraph 4 as amended by chapter 378 of
 the laws of 2007, the opening paragraph  and  clauses  (a)  and  (b)  of
 subparagraph  5  as  amended  by  chapter  256  of the laws of 1988, are
 amended to read as follows:
   The committee on special education, with the consent of the parent  or
 person in parental relation or the student, if he or she is over the age
 of  eighteen,  shall  request  in  writing a designee of the appropriate
 county or state agency to participate,  in  accordance  with  guidelines
 established  by the department, in any proceeding of the committee where
 a child is at risk of residential placement. The committee shall forward
 a copy of any such request to the office [of mental retardation and] FOR
 PEOPLE WITH developmental disabilities and the office of mental  health.
 A  designee  or  designees  of  the  agency  may participate in any such
 proceeding for the purpose  of  making  recommendations  concerning  the
 appropriateness  of  residential placement and other programs and place-
 ment alternatives, including, but  not  limited  to,  community  support
 services that may be available to the family. Such designee or designees
 shall  not  be  considered  members  of  the committee. Such designee or
 designees shall include, but not be limited to, representatives  of  any
 agency  receiving  coordinated children's services initiative funding as
 referenced in the aid to localities budget, of a local interagency coor-
 dinating body, of the social services district, the local mental  health
 agency,  or  health  department,  or  of  the developmental disabilities
 service office, as appropriate. The name of such designee or  designees,
 if  any,  shall be made available to each committee on special education
 in the county. In addition, with the consent  of  the  parent  or  other
 person  in parental relation, the committee may confer with other appro-
 priate providers of services to identify any services  that  may  be  of
 benefit  to  the  family  based on the family's identification of or the
 committee's observation of family services needs. As used in this  chap-

 S. 5991                            16
 
 ter,  the term "county" means county as defined in section four thousand
 one of this [article] TITLE, and the term "appropriate agency" means one
 of the following agencies:
   The committee on special education or, in the case of a state operated
 school,  the  multidisciplinary team shall provide written notice that a
 child who is placed in those residential  programs  specified  in  para-
 graphs  d,  g,  h and l of subdivision two of section forty-four hundred
 one of this article is not entitled to receive tuition free  educational
 services  after  the  age  of  twenty-one,  the receipt of a high school
 diploma or the time described in subdivision five of this section.  Such
 written  notice  shall  be  provided  to the child and to the parents or
 legal guardian of such child when such child attains the age of eighteen
 or, if such child is over the age of eighteen  when  placed  in  such  a
 residential  program,  at  the  time of placement. Upon the first annual
 review after the age of fifteen of a child who is receiving non-residen-
 tial special services or programs as specified in paragraph a, b, c,  d,
 e,  f, i, j, l or m of subdivision two of section forty-four hundred one
 of this article, or is receiving special services or programs in  a  day
 program  at  the  human  resources  school;  is  receiving  such special
 services or programs one hundred  per  centum  of  the  school  day;  is
 receiving  individualized attention or intervention because of intensive
 management needs or a severe handicap; and, as determined by the commit-
 tee on special education or multidisciplinary  team  pursuant  to  regu-
 lations  promulgated  by  the commissioner, may need adult services from
 the office of mental health, office  [of  mental  retardation  and]  FOR
 PEOPLE  WITH  developmental disabilities, the state department of social
 services, a social services district, or the state education department,
 the committee or multidisciplinary team shall provide  to  such  child's
 parent or guardian, and if such child is eighteen years of age or older,
 to  the child, written notice that such child is not entitled to receive
 tuition free educational services after the receipt  of  a  high  school
 diploma, the age of twenty-one or the time described in subdivision five
 of this section.
   (a)  Written notice given pursuant to this subparagraph shall describe
 in detail the opportunity to consent to have the child's name and  other
 relevant information forwarded in a report to the commissioner of mental
 health,  commissioner  of [mental retardation and] THE OFFICE FOR PEOPLE
 WITH developmental disabilities, commissioner  of  social  services,  or
 commissioner of education, or their designees, for the purpose of deter-
 mining  whether  such  child will likely need adult services and, if so,
 recommending possible adult services. For the purposes of this  subpara-
 graph "relevant information" shall be defined as that information in the
 possession of and used by the committee or the multidisciplinary team to
 ascertain  the  physical,  mental,  emotional  and  cultural-educational
 factors which contribute to the child's handicapping condition,  includ-
 ing  but not limited to: (i) results of physical and psychological exam-
 inations  performed  by  private  and  school  district  physicians  and
 psychologists; (ii) relevant information presented by the parent, guard-
 ian  and  teacher;  (iii) school data which bear on the child's progress
 including the child's most recent individualized education program; (iv)
 results of the most recent examinations and evaluations performed pursu-
 ant to clause (d) of subparagraph  three  of  this  paragraph;  and  (v)
 results  of other suitable evaluations and examinations possessed by the
 committee or multidisciplinary team. Nothing in this subparagraph  shall
 be  construed  to  require  any  committee  or multidisciplinary team to
 perform any examination or evaluation not otherwise required by law.

 S. 5991                            17
 
   (b) Upon consent obtained pursuant to clause (c) of this subparagraph,
 the committee or multidisciplinary team shall forward the  child's  name
 and other relevant information in a report to the commissioner of mental
 health,  commissioner  of [mental retardation and] THE OFFICE FOR PEOPLE
 WITH  developmental  disabilities,  commissioner  of social services, or
 commissioner of education, or their designees, for the development of  a
 recommendation  for  adult services pursuant to section 7.37 or 13.37 of
 the mental hygiene law, section  three  hundred  ninety-eight-c  of  the
 social  services  law  or  subdivision ten of section forty-four hundred
 three of this article. The committee  or  multidisciplinary  team  shall
 determine which commissioner shall receive the report by considering the
 child's  handicapping  condition  and  physical,  mental,  emotional and
 social needs.  The committee shall forward additional and updated  rele-
 vant  information  to the commissioner of mental health, commissioner of
 [mental retardation and] THE OFFICE FOR PEOPLE WITH developmental  disa-
 bilities,  [commmissioner]  COMMISSIONER  of social services, or commis-
 sioner of education, or their  designees,  upon  the  request  for  such
 information by such commissioner or designee.
   §  38.  The opening paragraph of clause (c) of subparagraph 4 of para-
 graph b of subdivision 1 of  section  4402  of  the  education  law,  as
 amended  by  chapter  600  of  the  laws  of 1994, is amended to read as
 follows:
   The committee on special education shall request in writing a designee
 of the appropriate county or state agency to participate, in  accordance
 with  guidelines established by the department, in any proceeding of the
 committee where a child is at risk of residential placement. The commit-
 tee shall forward a copy of any such request to the  office  [of  mental
 retardation  and]  FOR  PEOPLE  WITH  developmental disabilities and the
 office of mental health. A designee  or  designees  of  the  agency  may
 participate in any such proceeding for the purpose of making recommenda-
 tions  concerning the appropriateness of residential placement and other
 programs and placement alternatives,  including,  but  not  limited  to,
 community  support  services  that  may be available to the family. Such
 designee or designees shall not be considered members of the  committee.
 Such  designee or designees shall include, but not be limited to, repre-
 sentatives of  any  agency  receiving  coordinated  children's  services
 initiative  funding  as referenced in the aid to localities budget, of a
 local interagency coordinating body, of the  social  services  district,
 the local mental health agency, or health department, or of the develop-
 mental  disabilities  service  office,  as appropriate. The name of such
 designee or designees, if any, shall be made available to each committee
 on special education in the county. In addition, with the consent of the
 parent or other person  in  parental  relationship,  the  committee  may
 confer  with  other  appropriate  providers  of services to identify any
 services that may be of benefit to the  family  based  on  the  family's
 identification  of  or  the  committee's  observation of family services
 needs. As used in this  chapter,  the  term  "county"  means  county  as
 defined  in  section  four thousand one of this [article] TITLE, and the
 term "appropriate agency" means one of the following agencies:
   § 39. Paragraph b of subdivision 4 of section 6503-a of the  education
 law,  as added by chapter 130 of the laws of 2010, is amended to read as
 follows:
   b. any entity operated by a New York state or  federal  agency,  poli-
 tical  subdivision, municipal corporation, or local government agency or
 unit pursuant to authority granted by law, including but not limited  to
 any  entity  operated  by  the  office  of mental health, the office [of

 S. 5991                            18

 mental retardation and] FOR PEOPLE WITH developmental  disabilities,  or
 the  office  of  alcoholism  and substance abuse services under articles
 seven, thirteen, and nineteen of the mental hygiene law, respectively.
   §  40.  Paragraph  a of subdivision 3 of section 6507 of the education
 law, as amended by chapter 554 of the laws of 2013, is amended  to  read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing,  on or after January first, nineteen hundred ninety-one, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
 trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
 licensed clinical  social  worker,  licensed  creative  arts  therapist,
 licensed  marriage  and family therapist, licensed mental health counse-
 lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
 analyst,  or  certified behavior analyst assistant shall, in addition to
 all the other licensure,  certification  or  permit  requirements,  have
 completed  two hours of coursework or training regarding the identifica-
 tion and reporting of child abuse and maltreatment.  The  coursework  or
 training  shall  be  obtained  from an institution or provider which has
 been approved by the department to provide such coursework or  training.
 The coursework or training shall include information regarding the phys-
 ical  and  behavioral indicators of child abuse and maltreatment and the
 statutory reporting requirements set out in sections four hundred  thir-
 teen  through  four hundred twenty of the social services law, including
 but not limited to, when and how a  report  must  be  made,  what  other
 actions  the  reporter  is  mandated  or  authorized  to take, the legal
 protections afforded reporters, and  the  consequences  for  failing  to
 report. Such coursework or training may also include information regard-
 ing  the  physical and behavioral indicators of the abuse of individuals
 with mental retardation and other developmental disabilities and  volun-
 tary  reporting  of  abused or neglected adults to the office [of mental
 retardation and] FOR PEOPLE WITH developmental disabilities or the local
 adult protective services unit. Each applicant shall provide the depart-
 ment with documentation  showing  that  he  or  she  has  completed  the
 required  training.  The  department shall provide an exemption from the
 child abuse and maltreatment training requirements to any applicant  who
 requests  such an exemption and who shows, to the department's satisfac-
 tion, that there would be no need because of the nature of  his  or  her
 practice for him or her to complete such training;
   §  41.  Subdivision b of section 6738 of the education law, as amended
 by chapter 532 of the laws of 1999, is amended to read as follows:
   b. Notwithstanding the provisions of subdivision a  of  this  section,
 supervision  of  a  physical  therapist assistant by a licensed physical
 therapist, (i) in a residential health  care  facility,  as  defined  in
 article  twenty-eight of the public health law, (ii) in a diagnostic and
 treatment center licensed  under  article  twenty-eight  of  the  public
 health law that provides, as its principal mission, services to individ-
 uals with developmental disabilities, (iii) in a facility, as defined in
 section  1.03  of  the  mental  hygiene  law,  or (iv) under a monitored
 program of the office [of mental retardation and] FOR PEOPLE WITH devel-
 opmental disabilities as defined in subdivision (a) of section 13.15  of
 the  mental hygiene law, shall be continuous but not necessarily on site
 when the supervising physical therapist has determined,  through  evalu-

 S. 5991                            19

 ation,  the  setting of goals and the establishment of a treatment plan,
 that the program is one of maintenance  as  defined  pursuant  to  title
 XVIII  of the federal social security act. The provisions of this subdi-
 vision  shall  not  apply  to the provision of physical therapy services
 when the condition requires multiple adjustments of sequences and proce-
 dures due to rapidly changing physiological status  and/or  response  to
 treatment, or to children under five years of age.
   §  42.  Paragraph 1 of subdivision a of section 89-t of the retirement
 and social security law, as added by chapter 657 of the laws of 1998, is
 amended to read as follows:
   1. "Qualifying member" shall mean any member who is in  service  as  a
 safety  officer under the jurisdiction of the office of mental health or
 the office [of mental retardation and]  FOR  PEOPLE  WITH  developmental
 disabilities,  an  institutional  safety officer, or a special policeman
 designated by the director of a state hospital.
   § 43. Subdivision (e) of section 17 of the  social  services  law,  as
 added by chapter 515 of the laws of 1992, is amended to read as follows:
   (e)  work  cooperatively with the commissioner of the office of mental
 health and the commissioner of the office [of  mental  retardation  and]
 FOR PEOPLE WITH developmental disabilities 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;
   § 44. Paragraph (h) of subdivision 3  of  section  34  of  the  social
 services law, as added by chapter 600 of the laws of 1994, is amended to
 read as follows:
   (h)  in  consultation with the department of education, the department
 of health, the division for youth, the  office  [of  mental  retardation
 and] FOR PEOPLE WITH developmental disabilities and the office of mental
 health, establish guidelines for the acceptance by social services offi-
 cials of notices that children in foster care are at risk of educational
 placements,  as  provided  for  in  subparagraph  four of paragraph b of
 subdivision one of section forty-four hundred two of the education  law.
 Such  guidelines  shall  be  designed to assure that the social services
 district receiving such a notice inquire into the educational  needs  of
 the  child  and  the  circumstances of the foster care placement, and to
 assure that the social services district responds as appropriate to  any
 request  by  a  committee  on  special  education  to participate in the
 proceedings of the committee;
   § 45. The opening paragraph of  paragraph  (c)  of  subdivision  1  of
 section 122 of the social services law, as amended by chapter 214 of the
 laws of 1998, is amended to read as follows:
   The  following  persons, not described in paragraph (a) or (b) of this
 subdivision, shall, if otherwise eligible, be eligible  for  safety  net
 assistance  and medical assistance, except that medical assistance shall
 be limited to care and services (not including care and services related
 to an organ transplant procedure) necessary  for  the  treatment  of  an
 emergency  medical  condition as that term is defined in section 1903 of
 the federal social security  act  unless  and  until  federal  financial
 participation is available for the costs of providing medical assistance
 provided,  however,  that  any  such  person  who,  on the fourth day of
 August, nineteen hundred ninety-seven  was  residing  in  a  residential
 health  care facility licensed by the department of health or in a resi-
 dential facility licensed, operated or funded by the  office  of  mental
 health  or the office [of mental retardation and] FOR PEOPLE WITH devel-

 S. 5991                            20
 
 opmental disabilities, and  was  in  receipt  of  a  medical  assistance
 authorization based on a finding that he or she was a person permanently
 residing  in  the  United  States under color of law shall, if otherwise
 eligible, be eligible for medical assistance and provided, further, that
 any such person who, on the fourth day of August, nineteen hundred nine-
 ty-seven, was diagnosed as having AIDS, as defined in subdivision one of
 section  two thousand seven hundred eighty of the public health law, and
 was in receipt of medical assistance  authorization  pursuant  to  title
 eleven of article five of this chapter based on a finding that he or she
 was  a  person  permanently residing in the United States under color of
 law shall, if otherwise eligible, be eligible for medical assistance:
   § 46. Subdivision 1 of section 138-a of the social  services  law,  as
 amended  by  chapter  791  of  the  laws  of 1983, is amended to read as
 follows:
   1. Any inconsistent provision of this chapter or  other  law  notwith-
 standing,  the  department  shall  be  responsible for furnishing public
 assistance and care to mentally disabled persons residing in family care
 homes licensed by the office of mental health or the office  [of  mental
 retardation  and]  FOR  PEOPLE  WITH  developmental disabilities who are
 admitted to such facilities in accordance with regulations of the office
 which licenses the facility. However, the department may, at its option,
 discharge such responsibility, in  whole  or  in  part,  through  social
 services  districts designated to act as agents of the department. While
 so designated, a social services district shall  act  as  agent  of  the
 department and shall be entitled to reimbursement as provided in section
 one hundred fifty-three of this chapter.
   §  47.  Subdivision  2-a and paragraph (e) of subdivision 3 of section
 209 of the social services law, subdivision 2-a as  amended  by  chapter
 450 of the laws of 1987 and paragraph (e) of subdivision 3 as amended by
 section  48  of part C of chapter 58 of the laws of 2005, are amended to
 read as follows:
   2-a. Notwithstanding any inconsistent provision of  subparagraph  (ii)
 of  paragraph  (d) of subdivision one of this section, an individual who
 is receiving or is eligible to  receive  federal  supplemental  security
 income  payments  and/or additional state payments and who is a resident
 of a residential health care facility as defined by section twenty-eight
 hundred one of the public health law, shall, in  accordance  with  regu-
 lations  of  the department, be entitled to a state payment for personal
 needs in the amount of fifteen dollars a month, provided, however,  that
 on  or  after  January  first,  nineteen  hundred eighty-eight the state
 payment for personal needs for such persons shall be in  the  amount  of
 twenty-five  dollars a month. Notwithstanding any inconsistent provision
 of subparagraph (ii)  of  paragraph  (d)  of  subdivision  one  of  this
 section,  on  or  after  January first, nineteen hundred eighty-eight, a
 resident of an intermediate care facility operated or issued an  operat-
 ing  certificate  by  the  office [of mental retardation and] FOR PEOPLE
 WITH developmental disabilities or a patient of a hospital  operated  by
 the  office  of  mental  health as defined in subdivision ten of section
 1.03 of the mental hygiene law  who  is  receiving  or  is  eligible  to
 receive  supplemental  security  income payments and/or additional state
 payments shall receive a state payment for personal needs in the  amount
 of  five  dollars  a  month.  The department is authorized to promulgate
 necessary regulations to provide for the time and manner for payment  of
 such personal allowance to such individuals.
   (e)  "Receiving  enhanced  residential  care" shall mean residing in a
 privately operated school for the mentally retarded and  developmentally

 S. 5991                            21
 
 disabled  which  is  certified by the office [of mental retardation and]
 FOR PEOPLE WITH developmental disabilities of the department  of  mental
 hygiene, in accordance with applicable provisions of law and regulations
 or  an  adult home, or enriched housing program certified by the depart-
 ment of health in accordance with applicable law, rules and  regulations
 to the extent permitted by federal law and regulations.
   §  48.  Paragraph  (l) of subdivision 1 of section 364-j of the social
 services law, as amended by chapter 649 of the laws of 1996, is  amended
 to read as follows:
   (l)  "Responsible  special  care  agency".  Whichever of the following
 state agencies has responsibility for the special care in question:  the
 department of health, the office of mental health, the office [of mental
 retardation  and]  FOR  PEOPLE  WITH  developmental disabilities, or the
 office of alcoholism and substance abuse services.
   § 49. Paragraph (a) of subdivision 9 of section 365-a  of  the  social
 services  law,  as  added  by section 14 of part B of chapter 109 of the
 laws of 2010, is amended to read as follows:
   (a) Notwithstanding any inconsistent provision of law, any utilization
 controls on occupational therapy or physical therapy, including but  not
 limited  to, prior approval of services, utilization thresholds or other
 limitations imposed on such therapy services in relation  to  a  chronic
 condition  in clinics certified under article twenty-eight of the public
 health law or article sixteen of the mental hygiene law  shall  be:  (i)
 developed by the department of health in concurrence with the office [of
 mental  retardation and] FOR PEOPLE WITH developmental disabilities; and
 (ii) in accord with nationally recognized professional standards. In the
 event that nationally recognized professional standards  do  not  exist,
 such  thresholds  shall  be based upon the reasonably recognized profes-
 sional standards of those with a specific expertise in treating individ-
 uals served by clinics  certified  under  article  twenty-eight  of  the
 public health law or article sixteen of the mental hygiene law.
   §  50.  Clauses  (i)  and  (ii) of subparagraph 10 of paragraph (a) of
 subdivision 2, clause (ix) of paragraph b and paragraphs d, e, f, g,  i,
 k,  l  and m of subdivision 7 of section 366 of the social services law,
 clause (i) as added by chapter 705 of the laws of 1988, clause  (ii)  as
 amended  by  chapter 855 of the laws of 1990, clause (ix) of paragraph b
 and paragraphs d, e, f, g, i, k, l and m of subdivision 7 as amended  by
 chapter 324 of the laws of 2004, are amended to read as follows:
   (i)  A  person  who  is  receiving  or  is eligible to receive federal
 supplemental security income payments and/or additional  state  payments
 is entitled to a personal needs allowance as follows:
   (A)  for  the  personal expenses of a resident of a residential health
 care facility, as defined by section twenty-eight  hundred  one  of  the
 public health law, the amount of fifty-five dollars per month;
   (B)  for  the  personal expenses of a resident of an intermediate care
 facility operated or licensed by the office [of mental retardation  and]
 FOR  PEOPLE  WITH  developmental disabilities or a patient of a hospital
 operated by the office of mental health, as defined by  subdivision  ten
 of  section  1.03  of  the mental hygiene law, the amount of thirty-five
 dollars per month.
   (ii) A person who neither receives nor is eligible to receive  federal
 supplemental  security  income payments and/or additional state payments
 is entitled to a personal needs allowance as follows:
   (A) for the personal expenses of a resident of  a  residential  health
 care  facility,  as  defined  by section twenty-eight hundred one of the
 public health law, the amount of fifty dollars per month;

 S. 5991                            22
 
   (B) for the personal expenses of a resident of  an  intermediate  care
 facility  operated or licensed by the office [of mental retardation and]
 FOR PEOPLE WITH developmental disabilities or a patient  of  a  hospital
 operated  by  the office of mental health, as defined by subdivision ten
 of  section  1.03  of  the mental hygiene law, the amount of thirty-five
 dollars per month.
   (ix) meet such other criteria as may be established by the commission-
 er of health, in conjunction with the commissioner of  [mental  retarda-
 tion  and] THE OFFICE FOR PEOPLE WITH developmental disabilities, as may
 be necessary to administer the provisions  of  this  subdivision  in  an
 equitable manner, including those criteria established pursuant to para-
 graph d of this subdivision.
   d. The commissioner of health, in conjunction with the commissioner of
 [mental  retardation and] THE OFFICE FOR PEOPLE WITH developmental disa-
 bilities, shall establish selection criteria to ensure that participants
 are those who are most in  need  and  reflect  an  equitable  geographic
 distribution.  Such selection criteria shall include, but not be limited
 to, the imminent risk  of  institutionalization,  the  financial  burden
 imposed  upon  the  family as a result of the child's health care needs,
 and the level of stress within the family unit  due  to  the  unrelieved
 burden of caring for the child at home.
   e.  Social  services  districts,  in  consultation with the office [of
 mental retardation and]  FOR  PEOPLE  WITH  developmental  disabilities,
 shall   assess  the  eligibility  of  persons  in  accordance  with  the
 provisions of paragraph b of this subdivision, as well as the  selection
 criteria  established by the commissioner of health and the commissioner
 of [mental retardation and] THE OFFICE  FOR  PEOPLE  WITH  developmental
 disabilities as required by paragraph d of this subdivision.
   f. The commissioner of health, in conjunction with the commissioner of
 [mental  retardation and] THE OFFICE FOR PEOPLE WITH developmental disa-
 bilities, shall designate persons to assess the eligibility  of  persons
 under  consideration  for  participation  in the waiver program. Persons
 designated by such commissioners may include the person's  physician,  a
 representative  of  the  social services district, representative of the
 appropriate developmental disabilities services office  and  such  other
 persons  as  the  commissioners  deem  appropriate. The assessment shall
 include, but need not be  limited  to,  an  evaluation  of  the  health,
 psycho-social,  developmental,  habilitation  and environmental needs of
 the person and  shall  serve  as  the  basis  for  the  development  and
 provision of an appropriate plan of care for such person.
   g. Prior to a person's participation in the waiver program, the office
 [of  mental  retardation and] FOR PEOPLE WITH developmental disabilities
 shall undertake or arrange for the development of a written plan of care
 for the provision of services consistent with the level of  care  deter-
 mined  by the assessment, in accordance with criteria established by the
 commissioner of health, in consultation with the commissioner of [mental
 retardation and] THE OFFICE FOR PEOPLE WITH developmental  disabilities.
 Such  plan  of care shall be reviewed by such commissioners prior to the
 provision of services pursuant to the waiver program.
   i. The office [of mental retardation and]  FOR  PEOPLE  WITH  develop-
 mental  disabilities shall designate who may provide the home and commu-
 nity-based services identified  in  paragraph  h  of  this  subdivision,
 subject to the approval of the commissioner of health.
   k.  Before a person may participate in the waiver program specified in
 paragraph a of this subdivision, the office [of mental retardation  and]
 FOR PEOPLE WITH developmental disabilities shall determine that there is

 S. 5991                            23

 a reasonable expectation that the annual medical assistance expenditures
 for  such  person under the waiver would not exceed the expenditures for
 care in an intermediate care facility for the  developmentally  disabled
 that would have been made had the waiver not been granted.
   l. The commissioner of health, in conjunction with the commissioner of
 [mental  retardation and] THE OFFICE FOR PEOPLE WITH developmental disa-
 bilities, shall review the plans of care and expenditure estimates prior
 to the participation of any person in the waiver program.
   m. Within one year of federal waiver approval, and on an annual  basis
 thereafter,  until such time as the waiver program is fully implemented,
 the commissioner of health, in  conjunction  with  the  commissioner  of
 [mental  retardation and] THE OFFICE FOR PEOPLE WITH developmental disa-
 bilities, shall report on the status of the waiver program to the gover-
 nor and the legislature. Such report shall specify the number  of  chil-
 dren participating in the waiver program, the geographic distribution of
 those  so  participating,  health  profiles, service costs and length of
 time the children have participated in the waiver  program.  The  report
 shall  also provide follow-up information on children who have withdrawn
 from the waiver program, including data on  residential  program  place-
 ments.
   §  51.  The closing paragraph of subdivision 4 of section 366-c of the
 social services law, as amended by section 42 of part D of chapter 58 of
 the laws of 2009, is amended to read as follows:
 provided, however, that, to the extent  required  by  federal  law,  the
 terms  of  this subdivision shall not apply to persons who are receiving
 care, services and supplies pursuant  to  the  following  waivers  under
 section 1915(c) of the federal social security act: the nursing facility
 transition and diversion waiver authorized pursuant to subdivision six-a
 of  section  three  hundred sixty-six of this title; the traumatic brain
 injury waiver authorized pursuant to section twenty-seven hundred  forty
 of  the public health law, the long term home health care program waiver
 authorized pursuant to  section  three  hundred  sixty-seven-c  of  this
 title, and the home and community based services waiver for persons with
 developmental  disabilities administered by the office [of mental retar-
 dation and] FOR PEOPLE WITH developmental disabilities  pursuant  to  an
 agreement with the federal centers for medicare and Medicaid services.
   §  52. Subparagraph (iii) of paragraph (b) of subdivision 6 of section
 367-a of the social services law, as amended by section 15 of part B  of
 chapter 57 of the laws of 2015, is amended to read as follows:
   (iii)  individuals  who  are inpatients in a medical facility who have
 been required to spend all of their  income  for  medical  care,  except
 their  personal needs allowance or residents of community based residen-
 tial facilities licensed by the office of mental health  or  the  office
 [of  mental  retardation and] FOR PEOPLE WITH developmental disabilities
 who have been required to  spend  all  of  their  income,  except  their
 personal needs allowance;
   §  53.  Paragraph  (h) of subdivision 1 of section 368-a of the social
 services law, as amended by section 22 of part H of chapter 686  of  the
 laws of 2003, is amended to read as follows:
   (h)  (i)  Beginning  January  first, nineteen hundred eighty-four, one
 hundred per centum of the amount expended  for  medical  assistance  for
 those  individuals  who  are  eligible pursuant to section three hundred
 sixty-six of this article as a result of a mental disability  as  deter-
 mined  by  the commissioner in consultation with the commissioner of the
 office of mental health and the commissioner of the  office  [of  mental
 retardation and] FOR PEOPLE WITH developmental disabilities and with the

 S. 5991                            24
 
 approval  of  the director of the budget after first deducting therefrom
 any federal funds properly received or to be received on account  there-
 of.
   (ii)  Notwithstanding  any  other provision of law to the contrary, on
 and after the effective date of this  subparagraph,  the  department  of
 health  shall make no further recovery or recoupment of monies that were
 advanced to local social services  districts,  during  the  period  from
 April  first,  nineteen hundred ninety-two to the effective date of this
 subparagraph, to cover the medical assistance  costs  pursuant  to  this
 paragraph  for  rehabilitative services for residents of community resi-
 dences licensed or operated by the office of mental health or for office
 [of mental retardation and] FOR PEOPLE WITH  developmental  disabilities
 home and community based waiver services.
   §  54. Subclause 2 of clause (c) of subparagraph (ii) of paragraph (a)
 of subdivision 1 of section 390 of the social services law, as added  by
 chapter 750 of the laws of 1990, is amended to read as follows:
   (2)  providing  day treatment under an operating certificate issued by
 the office of mental health or office [of mental  retardation  and]  FOR
 PEOPLE WITH developmental disabilities; or
   §  55.  Paragraph  (c) of subdivision 13 and subdivision 14 of section
 398 of the social services law, paragraph (c) of subdivision 13 as added
 by chapter 544 of the laws of 1982, subdivision 14 as added  by  chapter
 570  of the laws of 1983, paragraph (a) as amended by chapter 387 of the
 laws of 1999 and such subdivisions as renumbered by chapter 419  of  the
 laws of 1987, are amended to read as follows:
   (c)  When a child's report is submitted to the council on children and
 families pursuant to this subdivision, the council shall cooperate  with
 adult  service providers, such as the department of social services, the
 office [of mental retardation] FOR PEOPLE WITH and  developmental  disa-
 bilities, the office of mental health and the office of vocational reha-
 bilitation of the education department in planning and coordinating such
 child's  return  to New York state for adult services. The council shall
 arrange with the appropriate state  agency  for  the  development  of  a
 recommendation  of all appropriate in-state programs operated, licensed,
 certified or authorized by such agency and which may be  available  when
 such  child  attains  the  age of twenty-one. Such recommendation of all
 programs shall be made available to the parent or guardian of such child
 at least six months before such child attains the age of twenty-one. All
 records, reports and information received, compiled or maintained by the
 council pursuant to this subdivision shall be subject to  the  confiden-
 tiality requirements of the department.
   14.    (a)  In  the case of a child who is developmentally disabled as
 such term is  defined  in  section  1.03  of  the  mental  hygiene  law,
 emotionally  disturbed  or  physically  handicapped and who is receiving
 care in a group home, agency boarding home, or any child  care  facility
 operated  by  an  authorized  agency with a capacity of thirteen or more
 children, who attains the age of eighteen and who will continue in  such
 care  after the age of eighteen, or who is placed in such care after the
 age of eighteen, the social services official shall notify the parent or
 guardian of such child that such care will  terminate  when  such  child
 attains  the age of twenty-one provided, however, that any such child in
 receipt of educational services and under the  care  and  custody  of  a
 local  department  of  social services who reaches the age of twenty-one
 during the period commencing on the first day of September and ending on
 the thirtieth day of June shall be entitled to continue in such  program
 until  the  thirtieth day of June or until the termination of the school

 S. 5991                            25
 
 year, whichever shall first occur. Such notice shall be in  writing  and
 shall  describe  in  detail  the  parent's  or guardian's opportunity to
 consent to having such child's name and other information forwarded in a
 report  to  the  commissioner  of mental health, commissioner of [mental
 retardation and] THE OFFICE FOR PEOPLE WITH developmental  disabilities,
 commissioner  of education or commissioner of the office of children and
 family services or their designees for the purpose of determining wheth-
 er such child will likely need services after the age of twenty-one and,
 if so, recommending possible adult services.
   (b) Upon the written consent of the parent or guardian,  and  notwith-
 standing  section  three hundred seventy-two of this article, the social
 services official shall submit a report on such  child's  possible  need
 for  services after age twenty-one to the commissioner of mental health,
 commissioner of [mental retardation and]  THE  OFFICE  FOR  PEOPLE  WITH
 developmental  disabilities,  commissioner of social services or commis-
 sioner of education or their designees for the development of  a  recom-
 mendation  pursuant  to section 7.37 or 13.37 of the mental hygiene law,
 section three hundred ninety-eight-c of this [article] TITLE or subdivi-
 sion ten of section four thousand four hundred three  of  the  education
 law.  The  social  services  official shall determine which commissioner
 shall receive the report by considering the child's handicapping  condi-
 tion.  If  the  social  services official determines that the child will
 need adult services from the department and such social  services  offi-
 cial  is  the  commissioner's  designee pursuant to this subdivision and
 section three hundred  ninety-eight-c  of  this  [article]  TITLE,  such
 social services official shall perform the services described in section
 three hundred ninety-eight-c of this [article] TITLE.
   (c) A copy of such report shall also be submitted to the department at
 the  same  time  that  such  report  is submitted to the commissioner of
 mental health, commissioner of [mental retardation and] THE  OFFICE  FOR
 PEOPLE  WITH  developmental disabilities or commissioner of education or
 their designees.
   (d) When the social services official is notified by the  commissioner
 who  received  the  report that such state agency is not responsible for
 determining and recommending adult services for the  child,  the  social
 services  official shall forward the report to another commissioner; or,
 if the social services official determines that there exists  a  dispute
 between  state  agencies as to which state agency has the responsibility
 for determining and recommending adult  services,  the  social  services
 official  may forward the report to the council on children and families
 for a resolution of such dispute.
   (e) The social services official shall prepare and  submit  an  annual
 report  to the department on October first, nineteen hundred eighty-four
 and thereafter on or before October first  of  each  year.  Such  annual
 report  shall contain the number of cases submitted to each commissioner
 pursuant to paragraph (b) of this subdivision, the type and severity  of
 the  handicapping  condition  of  each  such case, the number of notices
 received which deny  responsibility  for  determining  and  recommending
 adult  services,  and other information necessary for the department and
 the council on children and families  to  monitor  the  need  for  adult
 services,  but shall not contain personally identifying information. The
 department shall forward copies of such annual reports to the council on
 children and families. All information received by the council on  chil-
 dren  and  families  pursuant  to this paragraph shall be subject to the
 confidentiality requirements of the department.

 S. 5991                            26
 
   § 56. Subdivision 1 of section 463 of  the  social  services  law,  as
 amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
 follows:
   1.  "Community  residential  facility"  means any facility operated or
 subject to licensure by the state which provides a supervised  residence
 for  mentally,  emotionally, physically, or socially disabled persons or
 for persons in need of supervision or juvenile  delinquents.  This  term
 includes,  but  is not limited to, community residences for the mentally
 disabled operated or licensed by the offices of mental health or [mental
 retardation and] OFFICE FOR PEOPLE WITH developmental disabilities or by
 the divisions of the office of alcoholism and  substance  abuse,  agency
 operated  boarding  homes,  group homes or private proprietary homes for
 adults operated or licensed by the department of social services,  group
 homes  operated by, contracted for or licensed by the division for youth
 and half-way houses operated or licensed by the  division  of  substance
 abuse services.
   §  57. Section 466-a of the social services law, as amended by chapter
 405 of the laws of 1998, is amended to read as follows:
   § 466-a. Agreements. The department shall enter  into  memorandums  of
 understanding with the office of mental health and the office [of mental
 retardation  and]  FOR PEOPLE WITH developmental disabilities. The memo-
 randums with the office [of mental  retardation  and]  FOR  PEOPLE  WITH
 developmental disabilities and the office of mental health shall facili-
 tate  access by those offices to child care facilities providing transi-
 tional care to young adults as may be necessary  for  those  offices  to
 meet their responsibilities for monitoring the care of the young adults.
   §  58.  Subdivision  1  of  section 483 of the social services law, as
 amended by section 62 of part A of chapter 56 of the laws  of  2010,  is
 amended to read as follows:
   1. There shall be a council on children and families established with-
 in  the office of children and family services consisting of the follow-
 ing members: the state commissioner of children and family services, the
 commissioner of temporary and disability assistance, the commissioner of
 mental health, the commissioner of [mental retardation and]  THE  OFFICE
 FOR  PEOPLE  WITH  developmental  disabilities,  the commissioner of the
 office of alcoholism and substance abuse services, the  commissioner  of
 education,  the  director  of  the  office of probation and correctional
 alternatives, the commissioner of health, the commissioner of the  divi-
 sion  of  criminal justice services, the state advocate for persons with
 disabilities, the director of the office for the aging, the commissioner
 of labor, and the chair of the commission on quality  of  care  for  the
 mentally disabled. The governor shall designate the chair of the council
 and the chief executive officer (CEO).
   §  59.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
 483-c of the social services law, as amended by section 63 of part A  of
 chapter 56 of the laws of 2010, is amended to read as follows:
   (i)  State  tier  III  team.  There is hereby established a state team
 designated as the "tier III team", which shall consist of the  chair  of
 the  council,  the commissioners of children and family services, mental
 health, health, education, alcohol and  substance  abuse  services,  and
 [mental  retardation and] THE OFFICE FOR PEOPLE WITH developmental disa-
 bilities, and the director of the office of probation  and  correctional
 alternatives,  or  their designated representatives, and representatives
 of families of children  with  emotional  and/or  behavioral  disorders.
 Other representatives may be added at the discretion of such team.

 S. 5991                            27
 
   §  60.  Subdivision  1 of section 483-d of the social services law, as
 amended by section 18 of part A of chapter 56 of the laws  of  2010,  is
 amended to read as follows:
   1.  Committee  established.    There  is hereby established within the
 council an out-of-state placement committee comprised of the commission-
 er of children and family services, the commissioner of  mental  health,
 the  commissioner of [mental retardation and] THE OFFICE FOR PEOPLE WITH
 developmental disabilities, the commissioner of education,  the  commis-
 sioner  of  alcoholism and substance abuse services, the commissioner of
 health, and the director of the office  of  probation  and  correctional
 alternatives.
   §  61.  Subdivision  1 of section 483-e of the social services law, as
 added by chapter 624 of the laws of 2006, is amended to read as follows:
   1. Committee established. There is hereby established within the coun-
 cil a restraint and crisis intervention technique committee comprised of
 the commissioner of children and family services,  the  commissioner  of
 mental  health,  the commissioner of [mental retardation and] THE OFFICE
 FOR PEOPLE WITH developmental disabilities, the commissioner  of  educa-
 tion  and  the  commissioner  of  health. The committee shall include at
 least two representatives of statewide and regional  provider  organiza-
 tions  that  represent providers of educational and residential services
 to children, at least two mental health professionals who provide direct
 care on a regular basis to children served by the program types provided
 in subdivision two of this section and at least  one  representative  of
 parents of children requiring special services.
   §  62.  Subdivision  1 of section 483-f of the social services law, as
 added by chapter 413 of the laws of 2009, is amended to read as follows:
   1. The council, in accordance with section 7.43 of the mental  hygiene
 law, shall assist the commissioner of mental health with the implementa-
 tion  of  the children's plan, developed pursuant to chapter six hundred
 sixty-seven of the laws of two thousand six. State  child-serving  agen-
 cies  involved  in the development of such plan shall assist, as needed,
 with such plan's implementation and such agencies shall sign off on  all
 future reports and plans. Such agencies shall include, but not be limit-
 ed  to,  the  office of mental health, the office [of mental retardation
 and] FOR PEOPLE WITH developmental disabilities, the office of  alcohol-
 ism  and substance abuse services, the commission on quality of care and
 advocacy for persons with disabilities, the office of children and fami-
 ly services, the state education department, the department  of  health,
 and the department of probation and correctional alternatives.
   §  63.  Subdivision  (l)  of section 3 of the cooperative corporations
 law, as added by chapter 225 of the laws of 1987, is amended to read  as
 follows:
   (l) The  terms  "buying, selling or leasing homes for its members" and
 "conducting housing" shall include but not be limited to,  the  purposes
 and uses of residential facilities for the mentally disabled licensed by
 the  office  of  mental health or the office [of mental retardation and]
 FOR PEOPLE WITH developmental disabilities.
   § 64. Subdivision 1 of section 206 of the elder law is amended to read
 as follows:
   1. The director is hereby  authorized  and  directed,  to  the  extent
 appropriations are available therefor, to develop, establish and operate
 training and technical assistance programs, including caregiver resource
 centers,  caregiver networks, and other support activities, for informal
 caregivers throughout the state for the purposes of assisting such care-
 givers and improving the quality of care provided to frail and  disabled

 S. 5991                            28
 
 persons. The director shall also make available and encourage the utili-
 zation  of  such training programs in consultation with the commissioner
 of health, the  commissioner  of  the  office  of  children  and  family
 services,  the  commissioner  of  mental health, and the commissioner of
 [mental retardation and] THE OFFICE FOR PEOPLE WITH developmental  disa-
 bilities.
   §  65. Subdivision 6 of section 622 of the correction law, as added by
 chapter 7 of the laws of 2007, is amended to read as follows:
   6. Staff of the office of mental health  and  the  office  [of  mental
 retardation  and]  FOR  PEOPLE  WITH  developmental  disabilities may be
 consulted about the inmate's treatment needs and may assist in providing
 any additional treatment services determined to be clinically  appropri-
 ate  to  address the inmate's underlying mental abnormality or disorder.
 Such treatment services shall be provided using professionally  accepted
 treatment protocols.
   § 66. Subdivision 12 of section 2.10 of the criminal procedure law, as
 added by chapter 843 of the laws of 1980, is amended to read as follows:
   12. Special policemen designated by the commissioner and the directors
 of  in-patient  facilities  in  the  office of mental health pursuant to
 section 7.25 of the mental hygiene law, and special policemen designated
 by the commissioner and the directors of facilities under his  jurisdic-
 tion  in the office [of mental retardation and] FOR PEOPLE WITH develop-
 mental disabilities pursuant to section 13.25 of the mental hygiene law;
 provided, however, that nothing in this subdivision shall be  deemed  to
 authorize  such  officers  to  carry,  possess,  repair  or dispose of a
 firearm unless the appropriate license therefor has been issued pursuant
 to section 400.00 of the penal law.
   § 67. Paragraphs (a), (b), and (d) of subdivision 1 of section  330.20
 of  the  criminal  procedure law, as added by chapter 548 of the laws of
 1980, are amended to read as follows:
   (a) "Commissioner" means the state commissioner of  mental  health  or
 the state commissioner of [mental retardation and] THE OFFICE FOR PEOPLE
 WITH developmental [disability] DISABILITIES.
   (b)  "Secure  facility"  means  a  facility within the state office of
 mental health or the state office [of mental retardation and] FOR PEOPLE
 WITH  developmental  disabilities  which  is  staffed   with   personnel
 adequately trained in security methods and is so equipped as to minimize
 the risk or danger of escapes, and which has been so specifically desig-
 nated by the commissioner.
   (d)  "Mentally  ill"  means  that a defendant currently suffers from a
 mental illness for which care and treatment as a patient, in the  in-pa-
 tient  services  of  a  psychiatric center under the jurisdiction of the
 state office of mental health, is essential to such defendant's  welfare
 and that his judgment is so impaired that he is unable to understand the
 need  for  such  care  and treatment; and, where a defendant is mentally
 retarded, the term "mentally ill" shall also mean, for purposes of  this
 section,  that the defendant is in need of care and treatment as a resi-
 dent in the in-patient services of a developmental center or other resi-
 dential facility for the mentally retarded and developmentally  disabled
 under  the  jurisdiction of the state office [of mental retardation and]
 FOR PEOPLE WITH developmental disabilities.
   § 68. Section 725.15 of the criminal  procedure  law,  as  amended  by
 chapter 7 of the laws of 2007, is amended to read as follows:
 § 725.15 Sealing of records.
   Except  where  specifically  required  or permitted by statute or upon
 specific authorization of the court that directed removal of  an  action

 S. 5991                            29
 
 to  the family court all official records and papers of the action up to
 and including the order of removal, whether on file with  the  court,  a
 police  agency  or the division of criminal justice services, are confi-
 dential  and  must  not  be  made  available  to any person or public or
 private agency, provided however that availability of copies of any such
 records and papers on file with the family court shall  be  governed  by
 provisions that apply to family court records, and further provided that
 all official records and papers of the action shall be included in those
 records and reports that may be obtained upon request by the commission-
 er  of  mental  health  or  commissioner of [mental retardation and] THE
 OFFICE FOR PEOPLE WITH developmental disabilities, as  appropriate;  the
 case review panel; and the attorney general pursuant to section 10.05 of
 the mental hygiene law.
   § 69. Subdivisions 3 and 4 of section 730.10 of the criminal procedure
 law,  as amended by chapter 440 of the laws of 1987, are amended to read
 as follows:
   3. "Commissioner" means the state commissioner of mental health or the
 state commissioner of [mental retardation and]  THE  OFFICE  FOR  PEOPLE
 WITH developmental disabilities.
   4.  "Director"  means (a) the director of a state hospital operated by
 the office of mental health or the director of  a  developmental  center
 operated  by  the  office  [of  mental  retardation and] FOR PEOPLE WITH
 developmental disabilities, or (b) the director of a  hospital  operated
 by  any  local  government  of  the state that has been certified by the
 commissioner as having adequate facilities to  examine  a  defendant  to
 determine  if  he  is  an  incapacitated  person, or (c) the director of
 community mental health services.
   § 70. Subdivision (a) of section 249 of the family court act, as sepa-
 rately amended by chapter 41 of the laws of 2010 and chapter  3  of  the
 laws of 2012, is amended to read as follows:
   (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
 this  act  or where a revocation of an adoption consent is opposed under
 section one hundred fifteen-b of the domestic relations law  or  in  any
 proceeding  under  section  three  hundred  fifty-eight-a, three hundred
 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
 of the social services law or when a minor is sought  to  be  placed  in
 protective  custody  under  section one hundred fifty-eight of this act,
 the family court shall appoint an attorney to represent a minor  who  is
 the  subject  of the proceeding or who is sought to be placed in protec-
 tive custody, if independent legal representation is  not  available  to
 such  minor.  In any proceeding to extend or continue the placement of a
 juvenile delinquent or person in need of supervision pursuant to section
 seven hundred fifty-six or 353.3 of this act or any proceeding to extend
 or continue a commitment to the custody of the  commissioner  of  mental
 health  or  the  commissioner of [mental retardation and] THE OFFICE FOR
 PEOPLE WITH developmental disabilities pursuant to section 322.2 of this
 act, the court shall not permit the respondent to waive the right to  be
 represented by counsel chosen by the respondent, respondent's parent, or
 other  person  legally  responsible  for  the  respondent's  care, or by
 assigned counsel. In any proceeding under article ten-B of this act, the
 family court shall appoint an attorney to represent a youth,  under  the
 age  of twenty-one, who is the subject of the proceeding, if independent
 legal representation is not  available  to  such  youth.  In  any  other
 proceeding in which the court has jurisdiction, the court may appoint an
 attorney  to  represent  the  child,  when, in the opinion of the family
 court judge, such representation will serve the purposes of this act, if

 S. 5991                            30
 
 independent legal counsel is not available  to  the  child.  The  family
 court on its own motion may make such appointment.
   §  71.  Subdivisions  2-a and 2-b of section 3 of section 1 of chapter
 359 of the laws of 1968, constituting the facilities development  corpo-
 ration  act, as added by chapter 547 of the laws of 1979, are amended to
 read as follows:
   2-a. "Department" means the  department  of  mental  hygiene  and  the
 offices of mental health, [mental retardation and developmental disabil-
 ities] and alcoholism and substance abuse AND THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES of such department.
   2-b.  "Commissioner"  means  the  commissioner  of  mental health, the
 commissioner of [mental retardation and]  THE  OFFICE  FOR  PEOPLE  WITH
 developmental  disabilities,  the director of the division of alcoholism
 and alcohol abuse and the director of the division of substance abuse.
   § 72. Subdivision 13-f of section 5 of section 1 of chapter 359 of the
 laws of 1968, constituting the facilities development  corporation  act,
 as  added  by  chapter  90  of  the  laws of 1989, is amended to read as
 follows:
   13-f. The executive director of the facilities development corporation
 is authorized and empowered to enter into and implement agreements under
 which the facilities development corporation may designate  the  commis-
 sioner  of  the  office of mental health, the commissioner of the office
 [of mental retardation and] FOR PEOPLE WITH developmental  disabilities,
 the  director of the division of substance abuse services, or the direc-
 tor of the division of alcoholism and alcohol  abuse,  with  respect  to
 their  respective  facilities,  as agents for the facilities development
 corporation with respect to the financing of voluntary provider not-for-
 profit community development, and under  which  such  commissioners  and
 directors  may  act as its agent, with respect to any and all duties for
 such corporation as set forth and contained in this act. The commission-
 ers, the directors, and the executive director  shall  enter  into  such
 agreements, subject to the approval of the director of the budget, which
 delineate  the  respective  duties of each party when such commissioners
 and directors are designated agents of such corporation.
   § 73. Subdivision 6 of section 5-a of section 1 of chapter 392 of  the
 laws  of  1973,  constituting the medical care facilities finance agency
 act, as added by chapter 855 of the laws of 1986, is amended to read  as
 follows:
   6. As used in this section or in connection with federally-aided mort-
 gage loan regarding residential facilities for the mentally retarded and
 developmentally  disabled  or  the  mentally  disabled  or for the care,
 treatment, training and education of the mentally retarded and  develop-
 mentally disabled or the mentally disabled the term "commissioner" shall
 also  mean  the  commissioner  of  mental  health or the commissioner of
 [mental retardation and] THE OFFICE FOR PEOPLE WITH developmental  disa-
 bilities.
   §  74.  Subdivision cc of section 17-502 of the administrative code of
 the city of New York, as added by local law number 47 of the city of New
 York for the year 2002, is amended to read as follows:
   cc. "Day treatment program" means a facility which is (i) licensed  by
 the state department of health or the office of alcoholism and substance
 abuse  services,  the  office of mental health, or the office [of mental
 retardation and] FOR PEOPLE WITH developmental disabilities  within  the
 state  department  of  mental hygiene to provide treatment to aid in the
 rehabilitation or recovery of its patients based on a  structured  envi-
 ronment  requiring  patient  participation  for no less than three hours

 S. 5991                            31
 
 each day; or (ii) which is  authorized  by  the  state  commissioner  of
 health  to  conduct a program pursuant to section 80.135 of title ten of
 the New York code of rules and regulations.
   § 75. This act shall take effect immediately; provided however:
   a.  the  amendments  to clause (c) of subparagraph 4 of paragraph b of
 subdivision 1 of section 4402 of the education law made by section thir-
 ty-seven of this act shall not affect the expiration  and  reversion  of
 such clause as provided by subdivision d of section 27 of chapter 378 of
 the  laws  of  2007,  as  amended, when upon such date the provisions of
 section thirty-eight of this act shall take effect;
   b. the amendments to paragraph (1) of subdivision 1 of  section  364-j
 of the social services law made by section forty-eight of this act shall
 not affect the repeal of such section and shall be deemed repealed ther-
 ewith;
   c.  the  amendments to subdivision four of section 366-c of the social
 services law made by section fifty-one of this act shall not affect  the
 expiration  of such subdivision and shall be deemed to expire therewith;
 and
   d. section seventy of this act shall take effect on the same  date  as
 the  reversion of subdivision (a) of section 249 of the family court act
 as provided in section 8 of chapter 29 of the laws of 2011, as amended.