Bill Text: NY S04094 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the continuity of care to persons with developmental disabilities upon diminution of state operated services to such persons.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-06-18 - SUBSTITUTED BY A7332 [S04094 Detail]

Download: New_York-2015-S04094-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4094
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2015
                                      ___________
       Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law, in relation to  providing  state
         operated opportunities for people with developmental disabilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 13.17 of the  mental  hygiene  law  is  amended  by
    2  adding a new subdivision (d) to read as follows:
    3    (D)  1. THE COMMISSIONER SHALL ENSURE FOR CONTINUITY OF CARE FOR INDI-
    4  VIDUALS WITH A DEVELOPMENTAL DISABILITY TRANSITIONING TO  LESS  RESTRIC-
    5  TIVE  SETTINGS  PURSUANT  TO  ANY  CLOSURE, CONSOLIDATION, MERGER OR ANY
    6  OTHER ACTION  THAT  DIMINISHES  CURRENT  STATE  OPERATED  SERVICES.  THE
    7  COMMISSIONER SHALL ENSURE THAT INDIVIDUALS WITH A DEVELOPMENTAL DISABIL-
    8  ITY  SO AFFECTED ARE GIVEN THE OPTION OF TRANSITIONING TO STATE OPERATED
    9  SERVICES WITHIN THE  DEVELOPMENTALLY  DISABLED  SERVICE  OFFICES  REGION
   10  WHERE THEY ARE CURRENTLY RECEIVING SERVICES. IF NO SUCH STATE SERVICE AS
   11  REQUESTED  BY  THE  INDIVIDUALS WITH A DEVELOPMENTAL DISABILITY OR THEIR
   12  PARENT, GUARDIAN OR ADVOCATE ARE AVAILABLE THEN  SUCH  INDIVIDUAL  SHALL
   13  REMAIN  IN  THE FACILITY OR RESIDENCE UNTIL SAID SERVICES ARE AVAILABLE.
   14  THE COMMISSIONER SHALL DOCUMENT EACH OFFER OF  STATE  OPERATED  OPPORTU-
   15  NITIES AND SHALL RETAIN A RECORD OF THE SERVICES OFFERED.
   16    2. IN THE EVENT NO SERVICES DESIRED BY THE INDIVIDUALS THAT ARE DEVEL-
   17  OPMENTALLY  DISABLED  ARE EITHER AVAILABLE OR EXIST WITHIN CURRENT STATE
   18  OPERATED SERVICES, THE OFFICE SHALL RECORD THE NAME, PARENT, GUARDIAN OR
   19  ADVOCATE AND SERVICES THEY ARE SEEKING. THE COMMISSIONER SHALL DEVELOP A
   20  RECORD OF SERVICES FOR STATE OPERATED SUPPORTIVE PLACEMENT OPTIONS  THAT
   21  ARE NOT AVAILABLE WITH A PLAN TO ADDRESS THE UNMET NEEDS FOR THE FOLLOW-
   22  ING  FISCAL  YEAR. SUCH COMMISSIONER SHALL SUBMIT THE PLAN TO THE TEMPO-
   23  RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  NO  LATER
   24  THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09575-01-5