Bill Text: NY S03638 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to oversight of developmental disability care organizations and coordinate services.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-11-20 - SIGNED CHAP.474 [S03638 Detail]

Download: New_York-2015-S03638-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3638--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Health  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the public health law, in relation to services for indi-
         viduals with developmental disabilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (a) and (a-1) of subdivision 8 of  section  4403
    2  of the public health law, as added by section 74 of part A of chapter 56
    3  of the laws of 2013, are amended to read as follows:
    4    (a)  Such  organization must have the ability to provide or coordinate
    5  services for persons with developmental disabilities, as demonstrated by
    6  criteria to be determined by the commissioner and  the  commissioner  of
    7  the  office  for  people  with developmental disabilities. Such criteria
    8  shall include, but not be limited to, adequate experience  providing  or
    9  coordinating services for persons with developmental disabilities[.];
   10    (a-1)  If  the  commissioner  and  the  commissioner of the office for
   11  people with developmental disabilities determine that such  organization
   12  lacks  the experience required in paragraph (a) of this subdivision, the
   13  organization shall have an affiliation arrangement  with  an  entity  or
   14  entities THAT ARE NON-PROFIT with experience serving persons with devel-
   15  opmental  disabilities, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, DAY,
   16  AND EMPLOYMENT SERVICES such that the affiliated entity will  coordinate
   17  and plan services operated, certified, funded, authorized or approved by
   18  the  office  for  people with developmental disabilities or will oversee
   19  and approve such coordination and planning;
   20    S 2. Paragraph (a-1) of subdivision 12 of section 4403-f of the public
   21  health law, as added by section 76 of part A of chapter 56 of  the  laws
   22  of 2013, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04994-02-5
       S. 3638--A                          2
    1    (a-1)  If  the  commissioner  and  the  commissioner of the office for
    2  people with developmental disabilities determine that  such  plan  lacks
    3  the  experience  required in paragraph (a) of this subdivision, the plan
    4  shall have an affiliation arrangement with an entity  or  entities  THAT
    5  ARE  NON-PROFIT with experience serving persons with developmental disa-
    6  bilities, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, DAY AND EMPLOYMENT
    7  SERVICES, such that the  affiliated  entity  will  coordinate  and  plan
    8  services  operated,  certified,  funded,  authorized  or approved by the
    9  office for people with developmental disabilities or  will  oversee  and
   10  approve such coordination and planning;
   11    S  3.  This act shall take effect immediately, provided, however, that
   12  the amendments to subdivision 8 of section 4403 of the public health law
   13  made by section one of this act shall not  affect  the  repeal  of  such
   14  subdivision  and  shall  be deemed repealed therewith; provided, further
   15  that the amendments to subdivision 12 of section 4403-f  of  the  public
   16  health  law  made by section two of this act shall not affect the repeal
   17  of such subdivision and such section and shall be deemed repealed there-
   18  with.
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