S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7443
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Social Services
 
 AN  ACT  to  amend  the  social  services  law, in relation to replacing
   certain instances of the term "mentally retarded" with the term "indi-
   viduals with intellectual or developmental disabilities"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 5 of section 62 of the social
 services law, as amended by chapter 344 of the laws of 1973, is  amended
 to read as follows:
   (c)  When  a  [mentally  ill]  PERSON WITH A MENTAL ILLNESS, [mentally
 retarded] AN INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITY  or  [epileptic
 person] EPILEPSY is in need of public assistance or care while on conva-
 lescent  status or community status from a state hospital or institution
 under the provisions of section 29.15 of the  mental  hygiene  law,  the
 public welfare district, town or city from which he was admitted to such
 hospital  or  institution  shall be responsible for providing and paying
 for such assistance or care as in the case of  other  persons  requiring
 public  assistance  and  care,  except  that  such  responsibility shall
 continue during any period such person  is  on  convalescent  status  or
 community  status outside the territory of such public welfare district,
 town or city and  shall  continue  thereafter  in  accordance  with  the
 provisions  of  this  paragraph and paragraph (b) of this subdivision if
 such person was receiving or should have been receiving  public  assist-
 ance or care from such public welfare district, town or city outside its
 territory at the time he was discharged from such convalescent status or
 community status.
   §  2.  The  opening paragraph of subdivision 1 of section 131-o of the
 social services law, as amended by section 45 of part C of chapter 58 of
 the laws of 2005, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10591-02-1
              

 A. 7443                             2
 
   Each individual receiving family care, residential care or care  in  a
 school  for  [the  mentally  retarded]  INDIVIDUALS WITH INTELLECTUAL OR
 DEVELOPMENTAL DISABILITIES, or enhanced residential care as those  terms
 are  defined  in  section  two  hundred nine of this chapter, and who is
 receiving benefits under the program of additional state payments pursu-
 ant  to  this  chapter while receiving such care, shall be entitled to a
 monthly personal allowance out of such benefits in the following amount:
   § 3. Section 199 of the social services law, as amended by chapter 195
 of the laws of 1973, is amended to read as follows:
   § 199. Power of commissioner  of  public  welfare  to  detain  certain
 inmates.  The  commissioner of public welfare shall have power to detain
 in the public home, pending a vacancy for such person in a state  insti-
 tution,  a  person  over  the  age  of sixteen who has been certified as
 [mentally retarded] AN INDIVIDUAL WITH AN INTELLECTUAL OR  DEVELOPMENTAL
 DISABILITY  or [epileptic] EPILEPSY in accordance with the provisions of
 the mental hygiene law and for whom an application for  admission  to  a
 state  institution  has  been  made.  Whenever the commissioner shall so
 detain an inmate in the public home he shall at once  notify  the  state
 department of mental hygiene.
   §  4.  Paragraph  (e)  of  subdivision  3 of section 209 of the social
 services law, as amended by chapter 672 of the laws of 2019, is  amended
 to read as follows:
   (e)  "Receiving  enhanced  residential  care" shall mean residing in a
 privately operated school for [the mentally retarded and developmentally
 disabled] INDIVIDUALS WITH INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITIES
 which is certified by the office for people with developmental disabili-
 ties  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 department of health in accordance with appli-
 cable law, rules and regulations to the extent permitted by federal  law
 and regulations.
   §  5.  Subdivision  1  of  section  210 of the social services law, as
 amended by chapter 515 of the laws  of  2006,  is  amended  to  read  as
 follows:
   1. Any inconsistent provisions of this title or any other law notwith-
 standing, but subject to the provisions of subdivisions two and three of
 this  section,  an  individual who is deemed to have met the eligibility
 criteria for additional state payments  pursuant  to  paragraph  (c)  of
 subdivision  one  of  section  two  hundred nine of this title, shall be
 entitled to receive for each  month  after  December,  nineteen  hundred
 seventy-three an additional state payment in an amount which, when added
 to  the supplemental security income benefit and other countable income,
 is equal to such individual's December, nineteen  hundred  seventy-three
 cash  grant  of  assistance under the state's program of old age assist-
 ance, assistance to the blind, aid  to  the  disabled  or  the  combined
 program  of  aid  to  aged,  blind and disabled persons, plus income not
 excluded under such state program, plus an amount equal to the  January,
 nineteen hundred seventy-two bonus value of food stamps as determined in
 accordance with the regulations of the office of temporary and disabili-
 ty  assistance plus, for any month after June, nineteen hundred seventy-
 five, an amount reflecting the federal supplemental  security  increases
 resulting  from July first, nineteen hundred seventy-five cost of living
 increases in such benefits, plus for  any  month  after  June,  nineteen
 hundred  eighty-two, an amount equal to the July first, nineteen hundred
 eighty-two federal supplemental security income cost of  living  adjust-
 ment,  providing  such  individual  was  eligible to receive a mandatory

 A. 7443                             3
 
 state supplement for the month of December, nineteen hundred eighty-one,
 plus for any month after June, nineteen hundred eighty-three, an  amount
 equal to $17.70 for individuals, $26.55 for couples who are living alone
 or  living  with  others  and  $35.40 for couples receiving family care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, plus for any month
 after December, nineteen hundred eighty-three, an amount equal to  $9.70
 for  individuals, $15.60 for couples who are living alone or living with
 others and $19.40 for couples receiving family care, residential care or
 care in schools for [the mentally retarded] INDIVIDUALS WITH INTELLECTU-
 AL OR DEVELOPMENTAL DISABILITIES, plus for  any  month  after  December,
 nineteen hundred eighty-four, an amount equal to $11.00 for individuals,
 $16.00 for couples who are living alone or living with others and $22.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH  INTELLECTUAL  OR  DEVELOP-
 MENTAL DISABILITIES, plus for any month after December, nineteen hundred
 eighty-five,  an  amount  equal  to  $11.00  for individuals, $16.00 for
 couples who are living alone  or  living  with  others  and  $22.00  for
 couples  receiving  family care, residential care or care in schools for
 [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL  OR  DEVELOPMENTAL
 DISABILITIES, plus for any month after December, nineteen hundred eight-
 y-six  an  amount  equal to $4.00 for individuals, $6.00 for couples who
 are living alone or living with others and $8.00 for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus  for  any  month  after  December, nineteen hundred eighty-seven an
 amount equal to $14.00 for  individuals,  $22.00  for  couples  who  are
 living  alone  or  living  with  others and $28.00 for couples receiving
 family care, residential care or  care  in  schools  for  [the  mentally
 retarded]  INDIVIDUALS  WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  eighty-eight  an
 amount  equal  to  $14.00  for  individuals,  $21.00 for couples who are
 living alone or living with others  and  $28.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus for any other month after December, nineteen hundred eighty-nine an
 amount  equal  to  $18.00  for  individuals,  $27.00 for couples who are
 living alone or living with others  and  $36.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus  for  any  month  after December, nineteen hundred ninety an amount
 equal to $21.00 for individuals, $31.00 for couples who are living alone
 or living with others and $42.00  for  couples  receiving  family  care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, plus for any month
 after  December,  nineteen  hundred ninety-one an amount equal to $15.00
 for individuals, $23.00 for couples who are living alone or living  with
 others and $30.00 for couples receiving family care, residential care or
 care in schools for [the mentally retarded] INDIVIDUALS WITH INTELLECTU-
 AL  OR  DEVELOPMENTAL  DISABILITIES,  plus for any month after December,
 nineteen hundred ninety-two, an amount equal to $12.00 for  individuals,
 $19.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH  INTELLECTUAL  OR  DEVELOP-
 MENTAL DISABILITIES, plus for any month after December, nineteen hundred
 ninety-three  an  amount  equal  to  $12.00  for individuals, $17.00 for

 A. 7443                             4
 
 couples who are living alone  or  living  with  others  and  $24.00  for
 couples  receiving  family care, residential care or care in schools for
 [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL  OR  DEVELOPMENTAL
 DISABILITIES,  plus for any month after December, nineteen hundred nine-
 ty-four an amount equal to $12.00 for individuals,  $18.00  for  couples
 who  are  living  alone  or  living  with  others and $24.00 for couples
 receiving family care, residential care or  care  in  schools  for  [the
 mentally  retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISA-
 BILITIES, plus for any month after December,  nineteen  hundred  ninety-
 five  an  amount equal to $12.00 for individuals, $18.00 for couples who
 are living alone or living with others and $24.00 for couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus  for  any  month  after  December,  nineteen hundred ninety-six, an
 amount equal to $14.00 for individuals and $21.00 for couples  plus  for
 any  month after December, nineteen hundred ninety-seven an amount equal
 to $10.00 for individuals and $15.00 for  couples  plus  for  any  month
 after  December,  nineteen hundred ninety-eight an amount equal to $6.00
 for individuals and $11.00 for couples plus for any month  after  Decem-
 ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ-
 uals and $18.00 for couples plus for any month after December, two thou-
 sand  an  amount  equal to $18.00 for individuals and $27.00 for couples
 plus for any month after December, two thousand one an amount  equal  to
 $15.00  for  individuals and $21.00 for couples plus for any month after
 December, two thousand two an amount equal to $7.00 for individuals  and
 $12.00 for couples plus for any month after December, two thousand three
 an  amount  equal  to $12.00 for individuals and $17.00 for couples plus
 for any month after December, two  thousand  four  an  amount  equal  to
 $15.00  for  individuals and $23.00 for couples plus for any month after
 December, two thousand five an amount equal to  $24.00  for  individuals
 and  $35.00  for couples plus for any month after December, two thousand
 six an amount equal to the amount of any increases  in  federal  supple-
 mental  security  income benefits for individuals or couples pursuant to
 section 1617 of the Social Security Act (42 USC §  1382f)  which  become
 effective on or after January first, two thousand seven.
   § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4
 of  section 365 of the social services law, paragraph (c) of subdivision
 2 as amended by chapter 516 of the laws of 1973  and  paragraph  (a)  of
 subdivision 4 as amended by chapter 170 of the laws of 1994, are amended
 to read as follows:
   (c) who are patients in that part of a public institution operated for
 the  care  of  [the  mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR
 DEVELOPMENTAL DISABILITIES that has been approved pursuant to law  as  a
 hospital or nursing home;
   (a) who are patients in that part of a public institution operated for
 the  care  of  [the  mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR
 DEVELOPMENTAL DISABILITIES that has been approved pursuant to law as  an
 intermediate  care  facility or who are participating in a program oper-
 ated by the department of mental hygiene or by a voluntary agency  under
 an  agreement with such department, in that part of such a facility that
 has been approved as a day treatment  program  in  accordance  with  the
 regulations of the state commissioner of mental hygiene;
   § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1,
 clauses  (vii),  (viii)  and (ix) of subparagraph 1 of paragraph (d) and
 clauses (vii), (viii) and (ix) of subparagraph 1  of  paragraph  (e)  of
 subdivision 5 of section 366 of the social services law, clause (iii) of

 A. 7443                             5
 
 subparagraph  2  of paragraph (e) of subdivision 1 as added by section 1
 of part D of chapter 56 of the laws of 2013, clauses (vii),  (viii)  and
 (ix)  of  subparagraph  1  of paragraph (d) of subdivision 5 as added by
 chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para-
 graph (e) of subdivision 5 as amended by section 51 of part C of chapter
 58  of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1 of
 paragraph (e) of subdivision 5 as added by section 26-a  of  part  C  of
 chapter 109 of the laws of 2006, are amended to read as follows:
   (iii)  a  patient  in  a public institution operated primarily for the
 care of [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVEL-
 OPMENTAL DISABILITIES who is receiving medical care or treatment in that
 part  of  such  institution  that has been approved pursuant to law as a
 hospital or nursing home;
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOP-
 MENTAL  DISABILITIES,  or who is an in-patient in a medical facility and
 is receiving a level of care provided in a nursing facility, or  who  is
 receiving care, services or supplies pursuant to a waiver granted pursu-
 ant  to  subsection  (c)  of section 1915 of the federal social security
 act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES" means a facili-
 ty  certified  under article sixteen of the mental hygiene law and which
 has a valid agreement with the  department  for  providing  intermediate
 care facility services and receiving payment therefor under title XIX of
 the federal social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care  facility for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL
 OR DEVELOPMENTAL DISABILITIES.
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOP-
 MENTAL  DISABILITIES,  or who is an in-patient in a medical facility and
 is receiving a level of care provided in a nursing facility, or  who  is
 described  in section 1902(a)(10)(A)(ii)(VI) of the federal social secu-
 rity act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES" means a facili-
 ty  certified  under article sixteen of the mental hygiene law and which
 has a valid agreement with the  department  for  providing  intermediate
 care facility services and receiving payment therefor under title XIX of
 the federal social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care  facility for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL
 OR DEVELOPMENTAL DISABILITIES.
   § 8. The opening paragraph of subparagraph (ii) of  paragraph  (a)  of
 subdivision  2  of section 369 of the social services law, as amended by
 section 62 of part C of chapter 60 of the laws of 2014,  is  amended  to
 read as follows:
   with respect to the real property of an individual who is an inpatient
 in  a  nursing  facility,  intermediate  care facility for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 or  other  medical  institution,  who  is  not reasonably expected to be

 A. 7443                             6
 
 discharged from the medical institution and to return home, and  who  is
 required, as a condition of receiving services in such institution under
 the  state  plan  for  medical assistance, to spend for costs of medical
 care all but a minimal amount of his or her income required for personal
 needs;  provided, however, any such lien will dissolve upon the individ-
 ual's discharge from the medical institution and return home;  in  addi-
 tion, no such lien may be imposed on the individual's home if one of the
 following persons is lawfully residing in the home:
   §  9.  Paragraph  (f)  of subdivision 2 of section 473-e of the social
 services law, as added by chapter 395 of the laws of 1995, is amended to
 read as follows:
   (f) a person named as  a  court-appointed  evaluator  or  guardian  in
 accordance  with  article  eighty-one  of  the  mental hygiene law, or a
 person named as a guardian for [the mentally retarded] INDIVIDUALS  WITH
 INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITIES in accordance with article
 seventeen-A of the surrogate's court procedure act; or
   § 10. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7443--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee  on  Social  Services  --  recommitted  to the Committee on Social
   Services in accordance with Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the  social  services  law, in relation to replacing
   certain instances of the term "mentally retarded" with the term "indi-
   viduals with developmental disabilities"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 5 of section 62 of the social
 services law, as amended by chapter 344 of the laws of 1973, is  amended
 to read as follows:
   (c)  When  a  [mentally  ill,  mentally  retarded or epileptic person]
 PERSON WITH A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY is in  need  of
 public  assistance  or  care  while  on convalescent status or community
 status from a state hospital or  institution  under  the  provisions  of
 section  29.15  of  the mental hygiene law, the public welfare district,
 town or city from which he was admitted to such hospital or  institution
 shall  be  responsible  for  providing and paying for such assistance or
 care as in the case of other persons  requiring  public  assistance  and
 care,  except  that such responsibility shall continue during any period
 such person is on convalescent status or community  status  outside  the
 territory  of  such  public  welfare  district,  town  or city and shall
 continue thereafter in accordance with the provisions of this  paragraph
 and  paragraph  (b)  OF THIS SUBDIVISION if such person was receiving or
 should have been receiving public assistance or care  from  such  public
 welfare  district, town or city outside its territory at the time he was
 discharged from such convalescent status or community status.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10591-03-2
 A. 7443--A                          2
 
              

   § 2. The opening paragraph of subdivision 1 of section  131-o  of  the
 social services law, as amended by section 45 of part C of chapter 58 of
 the laws of 2005, is amended to read as follows:
   Each  individual  receiving family care, residential care or care in a
 school for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL  DISA-
 BILITIES,  or  enhanced  residential  care as those terms are defined in
 section two hundred nine of this chapter, and who is receiving  benefits
 under  the program of additional state payments pursuant to this chapter
 while receiving such care, shall  be  entitled  to  a  monthly  personal
 allowance out of such benefits in the following amount:
   § 3. Section 199 of the social services law, as amended by chapter 322
 of the laws of 2021, is amended to read as follows:
   §  199.  Power  of  commissioner  of  public welfare to detain certain
 incarcerated individuals. The commissioner of public welfare shall  have
 power to detain in the public home, pending a vacancy for such person in
 a  state  institution,  a  person  over  the age of sixteen who has been
 certified as [mentally retarded  or  epileptic]  AN  INDIVIDUAL  WITH  A
 DEVELOPMENTAL DISABILITY in accordance with the provisions of the mental
 hygiene  law and for whom an application for admission to a state insti-
 tution has been made. Whenever  the  commissioner  shall  so  detain  an
 incarcerated individual in the public home he or she shall at once noti-
 fy the state department of mental hygiene.
   §  4.  Paragraph  (e)  of  subdivision  3 of section 209 of the social
 services law, as amended by chapter 672 of the laws of 2019, is  amended
 to read as follows:
   (e)  "Receiving  enhanced  residential  care" shall mean residing in a
 privately operated school for [the mentally retarded and developmentally
 disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES which is certified
 by the office for people with developmental disabilities of the  depart-
 ment  of mental hygiene, in accordance with applicable provisions of law
 and regulations or an adult home, or enriched housing program  certified
 by the department of health in accordance with applicable law, rules and
 regulations to the extent permitted by federal law and regulations.
   §  5.  Subdivision  1  of  section  210 of the social services law, as
 amended by chapter 515 of the laws  of  2006,  is  amended  to  read  as
 follows:
   1. Any inconsistent provisions of this title or any other law notwith-
 standing, but subject to the provisions of subdivisions two and three of
 this  section,  an  individual who is deemed to have met the eligibility
 criteria for additional state payments  pursuant  to  paragraph  (c)  of
 subdivision  one  of  section  two  hundred nine of this title, shall be
 entitled to receive for each  month  after  December,  nineteen  hundred
 seventy-three an additional state payment in an amount which, when added
 to  the supplemental security income benefit and other countable income,
 is equal to such individual's December, nineteen  hundred  seventy-three
 cash  grant  of  assistance under the state's program of old age assist-
 ance, assistance to the blind, aid  to  the  disabled  or  the  combined
 program  of  aid  to  aged,  blind and disabled persons, plus income not
 excluded under such state program, plus an amount equal to the  January,
 nineteen hundred seventy-two bonus value of food stamps as determined in
 accordance with the regulations of the office of temporary and disabili-
 ty  assistance plus, for any month after June, nineteen hundred seventy-
 five, an amount reflecting the federal supplemental  security  increases
 resulting  from July first, nineteen hundred seventy-five cost of living
 increases in such benefits, plus for  any  month  after  June,  nineteen
 hundred  eighty-two, an amount equal to the July first, nineteen hundred
 A. 7443--A                          3
 
 eighty-two federal supplemental security income cost of  living  adjust-
 ment,  providing  such  individual  was  eligible to receive a mandatory
 state supplement for the month of December, nineteen hundred eighty-one,
 plus  for any month after June, nineteen hundred eighty-three, an amount
 equal to $17.70 for individuals, $26.55 for couples who are living alone
 or living with others and $35.40  for  couples  receiving  family  care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH DEVELOPMENTAL DISABILITIES, plus for any month after December,
 nineteen hundred eighty-three, an amount equal to $9.70 for individuals,
 $15.60 for couples who are living alone or living with others and $19.40
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  eighty-four,  an
 amount  equal  to  $11.00  for  individuals,  $16.00 for couples who are
 living alone or living with others  and  $22.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December, nineteen hundred eighty-five, an amount equal to
 $11.00 for individuals, $16.00 for  couples  who  are  living  alone  or
 living  with  others and $22.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred eighty-six an amount equal to  $4.00  for  individuals,
 $6.00  for  couples who are living alone or living with others and $8.00
 for couples receiving family care, residential care or care  in  schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus  for  any  month  after  December, nineteen hundred eighty-seven an
 amount equal to $14.00 for  individuals,  $22.00  for  couples  who  are
 living  alone  or  living  with  others and $28.00 for couples receiving
 family care, residential care or  care  in  schools  for  [the  mentally
 retarded]  INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES,  plus for any
 month after December, nineteen hundred eighty-eight an amount  equal  to
 $14.00  for  individuals,  $21.00  for  couples  who are living alone or
 living with others and $28.00 for couples receiving family  care,  resi-
 dential  care or care in schools for [the mentally retarded] INDIVIDUALS
 WITH D DEVELOPMENTAL DISABILITIES, plus for any other month after Decem-
 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
 uals, $27.00 for couples who are living alone or living with others  and
 $36.00  for  couples  receiving family care, residential care or care in
 schools for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES, plus for any month after December, nineteen hundred ninety  an
 amount  equal  to  $21.00  for  individuals,  $31.00 for couples who are
 living alone or living with others  and  $42.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December,  nineteen  hundred ninety-one an amount equal to
 $15.00 for individuals, $23.00 for  couples  who  are  living  alone  or
 living  with  others and $30.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred ninety-two, an amount equal to $12.00 for  individuals,
 $19.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  ninety-three  an
 amount  equal  to  $12.00  for  individuals,  $17.00 for couples who are
 A. 7443--A                          4
 
 living alone or living with others  and  $24.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December,  nineteen hundred ninety-four an amount equal to
 $12.00 for individuals, $18.00 for  couples  who  are  living  alone  or
 living  with  others and $24.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred ninety-five an amount equal to $12.00 for  individuals,
 $18.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month  after  December,  nineteen  hundred  ninety-six,  an
 amount  equal  to $14.00 for individuals and $21.00 for couples plus for
 any month after December, nineteen hundred ninety-seven an amount  equal
 to  $10.00  for  individuals  and  $15.00 for couples plus for any month
 after December, nineteen hundred ninety-eight an amount equal  to  $6.00
 for  individuals  and $11.00 for couples plus for any month after Decem-
 ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ-
 uals and $18.00 for couples plus for any month after December, two thou-
 sand an amount equal to $18.00 for individuals and  $27.00  for  couples
 plus  for  any month after December, two thousand one an amount equal to
 $15.00 for individuals and $21.00 for couples plus for any  month  after
 December,  two thousand two an amount equal to $7.00 for individuals and
 $12.00 for couples plus for any month after December, two thousand three
 an amount equal to $12.00 for individuals and $17.00  for  couples  plus
 for  any  month  after  December,  two  thousand four an amount equal to
 $15.00 for individuals and $23.00 for couples plus for any  month  after
 December,  two  thousand  five an amount equal to $24.00 for individuals
 and $35.00 for couples plus for any month after December,  two  thousand
 six  an  amount  equal to the amount of any increases in federal supple-
 mental security income benefits for individuals or couples  pursuant  to
 section  1617  of  the Social Security Act (42 USC § 1382f) which become
 effective on or after January first, two thousand seven.
   § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4
 of section 365 of the social services law, paragraph (c) of  subdivision
 2  as  amended  by  chapter 516 of the laws of 1973 and paragraph (a) of
 subdivision 4 as amended by chapter 170 of the laws of 1994, are amended
 to read as follows:
   (c) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES that has been approved pursuant to law as a hospital or nursing
 home;
   (a) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES that has been approved pursuant to law as an intermediate  care
 facility  or  who are participating in a program operated by the depart-
 ment of mental hygiene or by a voluntary agency under an agreement  with
 such  department, in that part of such a facility that has been approved
 as a day treatment program in accordance with  the  regulations  of  the
 state commissioner of mental hygiene;
   § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1,
 clauses  (vii),  (viii)  and (ix) of subparagraph 1 of paragraph (d) and
 clauses (vii), (viii) and (ix) of subparagraph 1  of  paragraph  (e)  of
 subdivision 5 of section 366 of the social services law, clause (iii) of
 subparagraph  2  of paragraph (e) of subdivision 1 as added by section 1
 A. 7443--A                          5

 of part D of chapter 56 of the laws of 2013, clauses (vii),  (viii)  and
 (ix)  of  subparagraph  1  of paragraph (d) of subdivision 5 as added by
 chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para-
 graph (e) of subdivision 5 as amended by section 51 of part C of chapter
 58  of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1 of
 paragraph (e) of subdivision 5 as added by section 26-a  of  part  C  of
 chapter 109 of the laws of 2006, are amended to read as follows:
   (iii)  a  patient  in  a public institution operated primarily for the
 care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES who is receiving medical care or treatment in  that  part  of  such
 institution  that  has  been  approved  pursuant to law as a hospital or
 nursing home;
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty  for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES, or who is an in-patient in a medical facility and is  receiving  a
 level  of care provided in a nursing facility, or who is receiving care,
 services or supplies pursuant to a waiver granted pursuant to subsection
 (c) of section 1915 of the federal social security act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS  WITH  DEVELOPMENTAL  DISABILITIES"  means  a facility certified
 under article sixteen of the mental hygiene law and which  has  a  valid
 agreement  with  the department for providing intermediate care facility
 services and receiving payment therefor under title XIX of  the  federal
 social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   (vii)  "institutionalized  individual"  means any individual who is an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL  DISABILI-
 TIES,  or  who is an in-patient in a medical facility and is receiving a
 level of care provided in a nursing facility, or  who  is  described  in
 section 1902(a)(10)(A)(ii)(VI) of the federal social security act.
   (viii)  "intermediate  care facility for [the mentally retarded] INDI-
 VIDUALS WITH DEVELOPMENTAL  DISABILITIES"  means  a  facility  certified
 under  article  sixteen  of the mental hygiene law and which has a valid
 agreement with the department for providing intermediate  care  facility
 services  and  receiving payment therefor under title XIX of the federal
 social security act.
   (ix) "nursing facility" means a nursing home  as  defined  by  section
 twenty-eight  hundred  one  of the public health law and an intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   § 8. The opening paragraph of subparagraph (ii) of  paragraph  (a)  of
 subdivision  2  of section 369 of the social services law, as amended by
 section 62 of part C of chapter 60 of the laws of 2014,  is  amended  to
 read as follows:
   with respect to the real property of an individual who is an inpatient
 in  a  nursing  facility,  intermediate  care facility for [the mentally
 retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, or other  medical
 institution,  who  is  not reasonably expected to be discharged from the
 medical institution and to return home, and who is required, as a condi-
 tion of receiving services in such institution under the state plan  for
 medical assistance, to spend for costs of medical care all but a minimal
 A. 7443--A                          6
 
 amount  of  his  or  her  income  required for personal needs; provided,
 however, any such lien will dissolve  upon  the  individual's  discharge
 from  the medical institution and return home; in addition, no such lien
 may  be imposed on the individual's home if one of the following persons
 is lawfully residing in the home:
   § 9. Paragraph (f) of subdivision 2 of section  473-e  of  the  social
 services law, as added by chapter 395 of the laws of 1995, is amended to
 read as follows:
   (f)  a  person  named  as  a  court-appointed evaluator or guardian in
 accordance with article eighty-one of  the  mental  hygiene  law,  or  a
 person  named as a guardian for [the mentally retarded] INDIVIDUALS WITH
 DEVELOPMENTAL DISABILITIES in accordance with article seventeen-A of the
 surrogate's court procedure act; or
   § 10. Section 2 of the social services law is amended  by  adding  two
 new subdivisions 39 and 40 to read as follows:
   39. "MENTAL ILLNESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 1.03 OF THE MENTAL HYGIENE LAW.
   40.  "DEVELOPMENTAL DISABILITY" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 11. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7443--B
                                                         Cal. No. 310
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced  by M. of A. ABINANTI, BICHOTTE HERMELYN, SAYEGH -- read once
   and referred to the Committee on Social Services -- again  amended  on
   third  reading, ordered reprinted, retaining its place on the order of
   third reading

 AN ACT to amend the  social  services  law,  in  relation  to  replacing
   certain instances of the term "mentally retarded" with the term "indi-
   viduals with developmental disabilities"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 5 of section 62 of the  social
 services  law, as amended by chapter 344 of the laws of 1973, is amended
 to read as follows:
   (c) When a [mentally  ill,  mentally  retarded  or  epileptic  person]
 PERSON  WITH  A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY is in need of
 public assistance or care while  on  convalescent  status  or  community
 status  from  a  state  hospital  or institution under the provisions of
 section 29.15 of the mental hygiene law, the  public  welfare  district,
 town  or city from which he was admitted to such hospital or institution
 shall be responsible for providing and paying  for  such  assistance  or
 care  as  in  the  case of other persons requiring public assistance and
 care, except that such responsibility shall continue during  any  period
 such  person  is  on convalescent status or community status outside the
 territory of such public  welfare  district,  town  or  city  and  shall
 continue  thereafter in accordance with the provisions of this paragraph
 and paragraph (b) OF THIS SUBDIVISION if such person  was  receiving  or
 should  have  been  receiving public assistance or care from such public
 welfare district, town or city outside its territory at the time he  was
 discharged from such convalescent status or community status.
   §  2.  The  opening paragraph of subdivision 1 of section 131-o of the
 social services law, as amended by section 45 of part C of chapter 58 of
 the laws of 2005, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10591-03-2
 A. 7443--B                          2
 
   Each individual receiving family care, residential care or care  in  a
 school  for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES, or enhanced residential care as those  terms  are  defined  in
 section  two hundred nine of this chapter, and who is receiving benefits
 under  the program of additional state payments pursuant to this chapter
 while receiving such care, shall  be  entitled  to  a  monthly  personal
 allowance out of such benefits in the following amount:
   § 3. Section 199 of the social services law, as amended by chapter 322
 of the laws of 2021, is amended to read as follows:
   §  199.  Power  of  commissioner  of  public welfare to detain certain
 incarcerated individuals. The commissioner of public welfare shall  have
 power to detain in the public home, pending a vacancy for such person in
 a  state  institution,  a  person  over  the age of sixteen who has been
 certified as [mentally retarded  or  epileptic]  AN  INDIVIDUAL  WITH  A
 DEVELOPMENTAL DISABILITY in accordance with the provisions of the mental
 hygiene  law and for whom an application for admission to a state insti-
 tution has been made. Whenever  the  commissioner  shall  so  detain  an
 incarcerated individual in the public home he or she shall at once noti-
 fy the state department of mental hygiene.
   §  4.  Paragraph  (e)  of  subdivision  3 of section 209 of the social
 services law, as amended by chapter 672 of the laws of 2019, is  amended
 to read as follows:
   (e)  "Receiving  enhanced  residential  care" shall mean residing in a
 privately operated school for [the mentally retarded and developmentally
 disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES which is certified
 by the office for people with developmental disabilities of the  depart-
 ment  of mental hygiene, in accordance with applicable provisions of law
 and regulations or an adult home, or enriched housing program  certified
 by the department of health in accordance with applicable law, rules and
 regulations to the extent permitted by federal law and regulations.
   §  5.  Subdivision  1  of  section  210 of the social services law, as
 amended by chapter 515 of the laws  of  2006,  is  amended  to  read  as
 follows:
   1. Any inconsistent provisions of this title or any other law notwith-
 standing, but subject to the provisions of subdivisions two and three of
 this  section,  an  individual who is deemed to have met the eligibility
 criteria for additional state payments  pursuant  to  paragraph  (c)  of
 subdivision  one  of  section  two  hundred nine of this title, shall be
 entitled to receive for each  month  after  December,  nineteen  hundred
 seventy-three an additional state payment in an amount which, when added
 to  the supplemental security income benefit and other countable income,
 is equal to such individual's December, nineteen  hundred  seventy-three
 cash  grant  of  assistance under the state's program of old age assist-
 ance, assistance to the blind, aid  to  the  disabled  or  the  combined
 program  of  aid  to  aged,  blind and disabled persons, plus income not
 excluded under such state program, plus an amount equal to the  January,
 nineteen hundred seventy-two bonus value of food stamps as determined in
 accordance with the regulations of the office of temporary and disabili-
 ty  assistance plus, for any month after June, nineteen hundred seventy-
 five, an amount reflecting the federal supplemental  security  increases
 resulting  from July first, nineteen hundred seventy-five cost of living
 increases in such benefits, plus for  any  month  after  June,  nineteen
 hundred  eighty-two, an amount equal to the July first, nineteen hundred
 eighty-two federal supplemental security income cost of  living  adjust-
 ment,  providing  such  individual  was  eligible to receive a mandatory
 state supplement for the month of December, nineteen hundred eighty-one,
 A. 7443--B                          3
 
 plus for any month after June, nineteen hundred eighty-three, an  amount
 equal to $17.70 for individuals, $26.55 for couples who are living alone
 or  living  with  others  and  $35.40 for couples receiving family care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH DEVELOPMENTAL DISABILITIES, plus for any month after December,
 nineteen hundred eighty-three, an amount equal to $9.70 for individuals,
 $15.60 for couples who are living alone or living with others and $19.40
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  eighty-four,  an
 amount  equal  to  $11.00  for  individuals,  $16.00 for couples who are
 living alone or living with others  and  $22.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December, nineteen hundred eighty-five, an amount equal to
 $11.00 for individuals, $16.00 for  couples  who  are  living  alone  or
 living  with  others and $22.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred eighty-six an amount equal to  $4.00  for  individuals,
 $6.00  for  couples who are living alone or living with others and $8.00
 for couples receiving family care, residential care or care  in  schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus  for  any  month  after  December, nineteen hundred eighty-seven an
 amount equal to $14.00 for  individuals,  $22.00  for  couples  who  are
 living  alone  or  living  with  others and $28.00 for couples receiving
 family care, residential care or  care  in  schools  for  [the  mentally
 retarded]  INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES,  plus for any
 month after December, nineteen hundred eighty-eight an amount  equal  to
 $14.00  for  individuals,  $21.00  for  couples  who are living alone or
 living with others and $28.00 for couples receiving family  care,  resi-
 dential  care or care in schools for [the mentally retarded] INDIVIDUALS
 WITH D DEVELOPMENTAL DISABILITIES, plus for any other month after Decem-
 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
 uals, $27.00 for couples who are living alone or living with others  and
 $36.00  for  couples  receiving family care, residential care or care in
 schools for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES, plus for any month after December, nineteen hundred ninety  an
 amount  equal  to  $21.00  for  individuals,  $31.00 for couples who are
 living alone or living with others  and  $42.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December,  nineteen  hundred ninety-one an amount equal to
 $15.00 for individuals, $23.00 for  couples  who  are  living  alone  or
 living  with  others and $30.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred ninety-two, an amount equal to $12.00 for  individuals,
 $19.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  ninety-three  an
 amount  equal  to  $12.00  for  individuals,  $17.00 for couples who are
 living alone or living with others  and  $24.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 A. 7443--B                          4
 
 month  after  December,  nineteen hundred ninety-four an amount equal to
 $12.00 for individuals, $18.00 for  couples  who  are  living  alone  or
 living  with  others and $24.00 for couples receiving family care, resi-
 dential  care or care in schools for [the mentally retarded] INDIVIDUALS
 WITH DEVELOPMENTAL DISABILITIES, plus  for  any  month  after  December,
 nineteen  hundred ninety-five an amount equal to $12.00 for individuals,
 $18.00 for couples who are living alone or living with others and $24.00
 for couples receiving family care, residential care or care  in  schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus  for  any  month  after  December,  nineteen hundred ninety-six, an
 amount equal to $14.00 for individuals and $21.00 for couples  plus  for
 any  month after December, nineteen hundred ninety-seven an amount equal
 to $10.00 for individuals and $15.00 for  couples  plus  for  any  month
 after  December,  nineteen hundred ninety-eight an amount equal to $6.00
 for individuals and $11.00 for couples plus for any month  after  Decem-
 ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ-
 uals and $18.00 for couples plus for any month after December, two thou-
 sand  an  amount  equal to $18.00 for individuals and $27.00 for couples
 plus for any month after December, two thousand one an amount  equal  to
 $15.00  for  individuals and $21.00 for couples plus for any month after
 December, two thousand two an amount equal to $7.00 for individuals  and
 $12.00 for couples plus for any month after December, two thousand three
 an  amount  equal  to $12.00 for individuals and $17.00 for couples plus
 for any month after December, two  thousand  four  an  amount  equal  to
 $15.00  for  individuals and $23.00 for couples plus for any month after
 December, two thousand five an amount equal to  $24.00  for  individuals
 and  $35.00  for couples plus for any month after December, two thousand
 six an amount equal to the amount of any increases  in  federal  supple-
 mental  security  income benefits for individuals or couples pursuant to
 section 1617 of the Social Security Act (42 USC §  1382f)  which  become
 effective on or after January first, two thousand seven.
   § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4
 of  section 365 of the social services law, paragraph (c) of subdivision
 2 as amended by chapter 516 of the laws of 1973  and  paragraph  (a)  of
 subdivision 4 as amended by chapter 170 of the laws of 1994, are amended
 to read as follows:
   (c) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES that has been approved pursuant to law as a hospital or nursing
 home;
   (a) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES  that has been approved pursuant to law as an intermediate care
 facility or who are participating in a program operated by  the  depart-
 ment  of mental hygiene or by a voluntary agency under an agreement with
 such department, in that part of such a facility that has been  approved
 as  a  day  treatment  program in accordance with the regulations of the
 state commissioner of mental hygiene;
   § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1,
 clauses (vii), (viii) and (ix) of subparagraph 1 of  paragraph  (d)  and
 clauses  (vii),  (viii)  and  (ix) of subparagraph 1 of paragraph (e) of
 subdivision 5 of section 366 of the social services law, clause (iii) of
 subparagraph 2 of paragraph (e) of subdivision 1 as added by  section  1
 of  part  D of chapter 56 of the laws of 2013, clauses (vii), (viii) and
 (ix) of subparagraph 1 of paragraph (d) of subdivision  5  as  added  by
 chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para-
 A. 7443--B                          5
 
 graph (e) of subdivision 5 as amended by section 51 of part C of chapter
 58  of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1 of
 paragraph (e) of subdivision 5 as added by section 26-a  of  part  C  of
 chapter 109 of the laws of 2006, are amended to read as follows:
   (iii)  a  patient  in  a public institution operated primarily for the
 care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES who is receiving medical care or treatment in  that  part  of  such
 institution  that  has  been  approved  pursuant to law as a hospital or
 nursing home;
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty  for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES, or who is an in-patient in a medical facility and is  receiving  a
 level  of care provided in a nursing facility, or who is receiving care,
 services or supplies pursuant to a waiver granted pursuant to subsection
 (c) of section 1915 of the federal social security act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS  WITH  DEVELOPMENTAL  DISABILITIES"  means  a facility certified
 under article sixteen of the mental hygiene law and which  has  a  valid
 agreement  with  the department for providing intermediate care facility
 services and receiving payment therefor under title XIX of  the  federal
 social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   (vii)  "institutionalized  individual"  means any individual who is an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL  DISABILI-
 TIES,  or  who is an in-patient in a medical facility and is receiving a
 level of care provided in a nursing facility, or  who  is  described  in
 section 1902(a)(10)(A)(ii)(VI) of the federal social security act.
   (viii)  "intermediate  care facility for [the mentally retarded] INDI-
 VIDUALS WITH DEVELOPMENTAL  DISABILITIES"  means  a  facility  certified
 under  article  sixteen  of the mental hygiene law and which has a valid
 agreement with the department for providing intermediate  care  facility
 services  and  receiving payment therefor under title XIX of the federal
 social security act.
   (ix) "nursing facility" means a nursing home  as  defined  by  section
 twenty-eight  hundred  one  of the public health law and an intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   § 8. The opening paragraph of subparagraph (ii) of  paragraph  (a)  of
 subdivision  2  of section 369 of the social services law, as amended by
 section 62 of part C of chapter 60 of the laws of 2014,  is  amended  to
 read as follows:
   with respect to the real property of an individual who is an inpatient
 in  a  nursing  facility,  intermediate  care facility for [the mentally
 retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, or other  medical
 institution,  who  is  not reasonably expected to be discharged from the
 medical institution and to return home, and who is required, as a condi-
 tion of receiving services in such institution under the state plan  for
 medical assistance, to spend for costs of medical care all but a minimal
 amount  of  his  or  her  income  required for personal needs; provided,
 however, any such lien will dissolve  upon  the  individual's  discharge
 from  the medical institution and return home; in addition, no such lien
 A. 7443--B                          6
 
 may be imposed on the individual's home if one of the following  persons
 is lawfully residing in the home:
   §  9.  Paragraph  (f)  of subdivision 2 of section 473-e of the social
 services law, as added by chapter 395 of the laws of 1995, is amended to
 read as follows:
   (f) a person named as  a  court-appointed  evaluator  or  guardian  in
 accordance  with  article  eighty-one  of  the  mental hygiene law, or a
 person named as a guardian for [the mentally retarded] INDIVIDUALS  WITH
 DEVELOPMENTAL DISABILITIES in accordance with article seventeen-A of the
 surrogate's court procedure act; or
   §  10.  Section  2 of the social services law is amended by adding two
 new subdivisions 39 and 40 to read as follows:
   39. "MENTAL ILLNESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 1.03 OF THE MENTAL HYGIENE LAW.
   40. "DEVELOPMENTAL DISABILITY" SHALL HAVE THE SAME MEANING AS  DEFINED
 IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 11. This act shall take effect immediately.