STATE OF NEW YORK
        ________________________________________________________________________

                                         7381--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       May 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  ABINANTI, BURDICK, ZINERMAN -- read once and
          referred to the Committee on People with Disabilities -- reported  and
          referred  to  the Committee on Ways and Means -- reported and referred
          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
          developmental disabilities advisory council to produce a report evalu-
          ating the state's response to the COVID-19 state disaster emergency as
          it relates to individuals with intellectual or developmental disabili-
          ties; and providing for the repeal of such provisions upon the expira-
          tion thereof

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

     1    Section 1. Section 13.05 of the  mental  hygiene  law  is  amended  by
     2  adding a new subdivision (g) to read as follows:
     3    (g)  The  developmental  disabilities advisory council shall produce a
     4  report to review the impact and the state's  response  to  the  COVID-19
     5  state disaster emergency, as declared by executive order two hundred two
     6  of  two  thousand twenty, as it relates to individuals with intellectual
     7  or developmental disabilities.  The office and the department of  health
     8  shall provide technical assistance and access to data as is required for
     9  the  council  to  effectuate  such  review and produce such report.  The
    10  report shall include, but not be limited to:
    11    (i) a timeline and inventory of any and all relevant executive orders,
    12  guidance and regulations put forth by  the  department  of  health,  the
    13  office, the executive or any other agency between March first, two thou-
    14  sand  twenty and April first, two thousand twenty-one in response to the
    15  COVID-19 outbreak;
    16    (ii) a timeline of any outreach conducted by the  office  with  stake-
    17  holders,   including  self-advocates,  family  advocates  and  voluntary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10522-07-1

        A. 7381--A                          2

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