LBD10184-01-9
A. 6174 2
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,
powers and duties provided by the provisions of this article and any
A. 6174 3
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-
for-profit organizations which receive state funds through the interme-
A. 6174 4
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 amended by chapter 299 of
the laws of 2017, 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, clinical, day program and residential facilities to be
located in the state of New York.
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§ 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:
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
A. 6174 6
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 amended by section 6 of chapter 299 of
the laws of 2017, 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, clinical, 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 Retar-
dation 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 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
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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] TEN-C of [the public authorities law]
THIS CHAPTER 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 develop-
mental 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) partic-
ipation 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 financial products related thereto, with
a term of less than five years; and (f) contracts for the sale or deliv-
ery 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-
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
A. 6174 8
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
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
A. 6174 9
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-
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
A. 6174 10
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.
§ 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:
A. 6174 11
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. 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
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.
§ 29. 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.
§ 30. 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:
A. 6174 12
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.
§ 31. 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,
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
A. 6174 13
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.
§ 32. 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.
§ 33. 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.
§ 34. 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
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
A. 6174 14
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.
§ 35. 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 of paragraph d as amended by chapter 260 of the
laws of 1993 and subparagraph 13 of paragraph d as amended by chapter
273 of the laws of 1986 and renumbered 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
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
A. 6174 15
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.
§ 36. 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 378 of the laws of 2007, is 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-
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:
§ 37. 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
A. 6174 16
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:
§ 38. 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
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.
§ 39. 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
A. 6174 17
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;
§ 40. 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-
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.
§ 41. 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;
§ 42. 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
A. 6174 18
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;
§ 43. 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-
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:
§ 44. 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] ARTICLE.
§ 45. 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-
A. 6174 19
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
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.
§ 46. 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.
§ 47. 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.
§ 48. 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) of subparagraph 10 of paragraph (a) as added by chapter 705
of the laws of 1988, clause (ii) of subparagraph 10 of paragraph (a) as
amended by chapter 855 of the laws of 1990, clause (ix) of paragraph b
A. 6174 20
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;
(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
A. 6174 21
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
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.
§ 49. 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;
§ 50. 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
A. 6174 22
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
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 THE
office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities home and community based waiver services.
§ 51. 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 THE office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities; or
§ 52. 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) of subdivision 14 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
A. 6174 23
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
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
A. 6174 24
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.
§ 53. 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] OFFICE of mental health
or [mental retardation and] OFFICE FOR PEOPLE WITH developmental disa-
bilities or by the divisions of the office of alcoholism and substance
abuse, agency operated boarding homes, group homes or private proprie-
tary 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 divi-
sion of substance abuse services.
§ 54. 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.
§ 55. 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).
§ 56. 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] ALCOHOLISM and substance abuse
services, and [mental retardation and] THE OFFICE FOR PEOPLE WITH devel-
opmental disabilities, and the director of the office of probation and
correctional alternatives, or their designated representatives, and
A. 6174 25
representatives of families of children with emotional and/or behavioral
disorders. Other representatives may be added at the discretion of such
team.
§ 57. 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.
§ 58. 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.
§ 59. 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.
§ 60. 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.
§ 61. 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
A. 6174 26
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
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.
§ 62. 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.
§ 63. 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.
§ 64. 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
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-
A. 6174 27
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.
§ 65. 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.
§ 66. 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
independent legal counsel is not available to the child. The family
court on its own motion may make such appointment.
§ 67. 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-
A. 6174 28
ities] and alcoholism and substance abuse SERVICES 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] COMMISSIONER OF
ALCOHOLISM AND substance abuse SERVICES.
§ 68. 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] COMMISSIONER OF ALCOHOLISM AND
substance abuse services, [or the director 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 commissioners, the directors, and the execu-
tive 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.
§ 69. 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.
§ 70. 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
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.
§ 71. 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-
A. 6174 29
ty-six 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-seven 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-six of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith; and
c. section sixty-six 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.