Bill Text: NY A07381 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the developmental disabilities advisory council to evaluate and produce a report on the state's response to the COVID-19 state disaster emergency as it relates to individuals with intellectual or developmental disabilities with assistance from OPWDD and the department of health.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2021-06-07 - substituted by s6294a [A07381 Detail]

Download: New_York-2021-A07381-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7381

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       May 6, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on People with Disabilities

        AN  ACT  to  amend  the mental hygiene law, in relation to requiring the
          office for people with developmental disabilities to produce a  report
          evaluating  the  state's response to the COVID-19 state disaster emer-
          gency as it relates to individuals with intellectual or  developmental
          disabilities; and providing for the repeal of such provisions upon the
          expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 13.07 of the  mental  hygiene  law  is  amended  by
     2  adding a new subdivision (f) to read as follows:
     3    (f)  (1)  The  office,  in consultation with the department of health,
     4  shall produce a report to review the impact and the state's response  to
     5  the  COVID-19  state  disaster emergency, as declared by executive order
     6  two hundred two of two thousand twenty, as  it  relates  to  individuals
     7  with  intellectual  or  developmental  disabilities.  The  report  shall
     8  include, but not be limited to:
     9    (i) a timeline and inventory of any and all relevant executive orders,
    10  guidance and regulations put forth by  the  department  of  health,  the
    11  office, the executive or any other agency between March first, two thou-
    12  sand  twenty and April first, two thousand twenty-one in response to the
    13  COVID-19 outbreak;
    14    (ii) a timeline of any outreach conducted by the  office  with  stake-
    15  holders,   including  self-advocates,  family  advocates  and  voluntary
    16  providers and what, if any, changes to guidance were made as a result of
    17  such communication with stakeholders;
    18    (iii) any actions or guidance the office,  the  department  of  health
    19  and/or  any  other  agency took to minimize exposure of COVID-19 between
    20  residents and staff;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10522-03-1

        A. 7381                             2

     1    (iv) an inventory of actions the  office,  the  department  of  health
     2  and/or  any other agency took to assist in the procurement or provision-
     3  ing of personal protective equipment for residents and  staff  in  state
     4  operated facilities, and facilities operated by voluntary providers. For
     5  purposes of this section, "personal protective equipment" shall mean all
     6  equipment  worn  or used to minimize exposure to a communicable disease,
     7  including but not limited to gloves, masks and face shields;
     8    (v) an inventory of costs incurred by the office  related to  respond-
     9  ing to COVID-19;
    10    (vi)  an  inventory  of  actions  the office, the department of health
    11  and/or any other agency took to assist underserved communities including
    12  but not limited to racial and ethnic minority communities; and
    13    (vii) specific challenges that were faced with regards to  individuals
    14  with intellectual and developmental disabilities.
    15    (2)  The office shall also evaluate policies, procedures, and programs
    16  that were implemented during the course  of  the  COVID-19  pandemic  to
    17  determine the efficacy on safety.
    18    (3) The office shall provide recommendations of changes to any laws or
    19  regulations that impeded response to COVID-19 to the legislature.
    20    (4)  Such  report  shall  be  submitted to the governor, the temporary
    21  president of the senate and the speaker of the assembly  no  later  than
    22  nine  months  from  the  effective date of this subdivision and shall be
    23  made publicly available online.
    24    § 2. This act shall take effect immediately and shall  expire  and  be
    25  deemed  repealed  ten days after transmission of the report of the find-
    26  ings by the office for people with  developmental  disabilities  to  the
    27  governor,  the  temporary president of the senate and the speaker of the
    28  assembly, as provided in section one of  this  act.  Provided,  however,
    29  that  the commissioner of the office for people with developmental disa-
    30  bilities shall notify the legislative bill drafting commission upon  the
    31  transmission of the report of the findings of the office for people with
    32  developmental  disabilities,  as provided in section one of this act, in
    33  order that the commission may maintain an accurate and timely  effective
    34  data  base  of the official text of the laws of the state of New York in
    35  furtherance of effectuating the provisions of section 44 of the legisla-
    36  tive law and section 70-b of the public officers law.
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