Bill Text: NY S04881 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to developmental disability individual support and care coordination organizations (DISCOs).
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S04881 Detail]
Download: New_York-2015-S04881-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4881
2015-2016 Regular Sessions
I N S E N A T E
April 22, 2015
___________
Introduced by Sen. HANNON -- (at request of the Office for People with
Developmental Disabilities) -- read twice and ordered printed, and
when printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to developmental
disability individual support and care organizations; to amend the
mental hygiene law, in relation to the development of certain method-
ologies; and to repeal certain provisions of the mental hygiene law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 364-j of the social services law
2 is amended by adding a new paragraph (aa) to read as follows:
3 (AA) "DEVELOPMENTAL DISABILITY INDIVIDUAL SUPPORT AND CARE COORDI-
4 NATION ORGANIZATION" OR "DISCO". AN ORGANIZATION THAT HAS RECEIVED A
5 CERTIFICATE OF AUTHORITY ISSUED BY THE COMMISSIONER AND THE COMMISSIONER
6 OF DEVELOPMENTAL DISABILITIES PURSUANT TO SECTION FORTY-FOUR HUNDRED
7 THREE-G OF THE PUBLIC HEALTH LAW.
8 S 2. Paragraph (a) of subdivision 3 of section 364-j of the social
9 services law, as amended by section 38 of part A of chapter 56 of the
10 laws of 2013, is amended to read as follows:
11 (a) Every person eligible for or receiving medical assistance under
12 this article, who resides in a social services district providing
13 medical assistance, which has implemented the state's managed care
14 program shall participate in the program authorized by this section.
15 Provided, however, that participation in a comprehensive HIV special
16 needs plan also shall be in accordance with article forty-four of the
17 public health law [and]; participation in a special needs managed care
18 plan shall also be in accordance with article forty-four of the public
19 health law and article thirty-one of the mental hygiene law AND PARTIC-
20 IPATION AND ENROLLMENT IN A DISCO SHALL BE IN ACCORDANCE WITH SECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09625-04-5
S. 4881 2
1 FORTY-FOUR HUNDRED THREE-G OF THE PUBLIC HEALTH LAW AND SECTION 13.40 OF
2 THE MENTAL HYGIENE LAW.
3 S 3. Subparagraph (i) of paragraph (a) of subdivision 4 of section
4 364-j of the social services law, as amended by section 14 of part C of
5 chapter 58 of the laws of 2004, is amended to read as follows:
6 (i) a managed care provider shall arrange for access to and enrollment
7 of primary care practitioners and other medical services providers;
8 PROVIDED, HOWEVER, THAT A DISCO SHALL ARRANGE FOR ACCESS TO AND ENROLL-
9 MENT OF PRIMARY CARE PRACTITIONERS IF SO AUTHORIZED. Each managed care
10 provider shall possess the expertise and sufficient resources to assure
11 the delivery of quality medical care to participants in an appropriate
12 and timely manner and may include physicians, nurse practitioners, coun-
13 ty health departments, providers of comprehensive health service plans
14 licensed pursuant to article forty-four of the public health law, and
15 hospitals and diagnostic and treatment centers licensed pursuant to
16 article twenty-eight of the public health law or otherwise authorized by
17 law to offer comprehensive health services or facilities licensed pursu-
18 ant to articles sixteen, thirty-one and thirty-two of the mental hygiene
19 law.
20 S 4. Paragraph (b) of subdivision 4 of section 364-j of the social
21 services law, as amended by section 57 of part A of chapter 57 of the
22 laws of 2006, is amended to read as follows:
23 (b) Participants shall select a managed care provider from among those
24 designated under the managed care program, provided, however, a partic-
25 ipant shall be provided with a choice of no less than two managed care
26 providers. Notwithstanding the foregoing, a local social services
27 district designated a rural area as defined in 42 U.S.C. 1395ww may
28 limit a participant to one managed care provider, if the commissioner
29 and the local social services district find that only one managed care
30 provider is available, AND THE COMMISSIONER AND THE COMMISSIONER OF
31 DEVELOPMENTAL DISABILITIES MAY LIMIT A PARTICIPANT ELIGIBLE TO ENROLL IN
32 A DISCO TO ONE MANAGED CARE PLAN, IF FEDERAL APPROVAL IS SECURED TO
33 REQUIRE ENROLLMENT WHEN THERE ARE LESS THAN TWO MANAGED CARE PLANS OPER-
34 ATING IN THE PARTICIPANT'S COUNTY OF RESIDENCE AUTHORIZED TO COORDINATE
35 CARE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES PURSUANT TO ARTICLE
36 FORTY-FOUR OF THE PUBLIC HEALTH LAW. A managed care provider in a rural
37 area shall offer a participant a choice of at least three primary care
38 practitioners and permit the individual to obtain a service or seek a
39 provider outside of the managed care network where such service or
40 provider is not available from within the managed care provider network,
41 PROVIDED, HOWEVER, THAT THIS REQUIREMENT SHALL ONLY APPLY TO A DISCO TO
42 THE EXTENT IT IS AUTHORIZED TO COVER SUCH SERVICES.
43 S 5. Paragraph (c) of subdivision 4 of section 364-j of the social
44 services law, as amended by chapter 649 of the laws of 1996, is amended
45 to read as follows:
46 (c) Participants shall select a primary care practitioner from among
47 those designated by the managed care provider. In all districts, partic-
48 ipants shall be provided with a choice of no less than three primary
49 care practitioners. In the event that a participant does not select a
50 primary care practitioner, the participant's managed care provider shall
51 select a primary care practitioner for the participant, taking into
52 account geographic accessibility; PROVIDED, HOWEVER, THAT THIS PARAGRAPH
53 SHALL NOT APPLY IF A PARTICIPANT IS ENROLLED IN A DISCO THAT IS NOT
54 AUTHORIZED TO ARRANGE FOR PRIMARY CARE.
55 S 6. Subparagraphs (iv), (v), (vi) and (vii) of paragraph (e) of
56 subdivision 4 of section 364-j of the social services law, subparagraphs
S. 4881 3
1 (iv) and (vii) as amended by section 39 of part A of chapter 56 of the
2 laws of 2013, subparagraph (v) as amended by section 78 of part H of
3 chapter 59 of the laws of 2011, and subparagraph (vi) as amended by
4 section 14 of part C of chapter 58 of the laws of 2004, are amended to
5 read as follows:
6 (iv) Local social services districts or enrollment organizations
7 through their enrollment counselors, OR IN THE CASE OF DISCOS, THE
8 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR ENROLLMENT ORGAN-
9 IZATIONS THROUGH THEIR ENROLLMENT COUNSELORS, shall provide participants
10 with the opportunity for face to face counseling including individual
11 counseling upon request of the participant. Local social services
12 districts or enrollment organizations through their enrollment counse-
13 lors OR IN THE CASE OF DISCO, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
14 DISABILITIES OR ENROLLMENT ORGANIZATIONS THROUGH THEIR ENROLLMENT COUN-
15 SELORS, shall also provide participants with information in a culturally
16 and linguistically appropriate and understandable manner, in light of
17 the participant's needs, circumstances and language proficiency, suffi-
18 cient to enable the participant to make an informed selection of a
19 managed care provider. Such information shall include, but shall not be
20 limited to: how to access care within the program; a description of the
21 medical assistance services that can be obtained other than through a
22 managed care provider; the available managed care providers and the
23 scope of services covered by each; a listing of the medical services
24 providers associated with each managed care provider; the participants'
25 rights within the managed care program; and how to exercise such rights.
26 Enrollment counselors shall inquire into each participant's existing
27 relationships with medical services providers and explain whether and
28 how such relationships may be maintained within the managed care
29 program. For enrollments made during face to face counseling, if the
30 participant has a preference for particular medical services providers,
31 enrollment counselors shall verify with the medical services providers
32 that such medical services providers whom the participant prefers
33 participate in the managed care provider's network and are available to
34 serve the participant.
35 (v) Upon delivery of the pre-enrollment information, the local
36 district or the enrollment organization shall certify the participant's
37 receipt of such information. Upon verification that the participant has
38 received the pre-enrollment education information, a managed care
39 provider, a local district or the enrollment organization may enroll a
40 participant into a managed care provider. Managed care providers must
41 submit enrollment forms to the local department of social services. Upon
42 enrollment, participants will sign an attestation that they have been
43 informed that: participants have a choice of managed care providers;
44 participants have a choice of primary care practitioners; and, except as
45 otherwise provided in this section, including but not limited to the
46 exceptions listed in subparagraph (iii) of paragraph (a) of this subdi-
47 vision, participants must exclusively use their primary care practition-
48 ers and plan providers. The commissioner of health may suspend or
49 curtail enrollment or impose sanctions for failure to appropriately
50 notify clients as required in this subparagraph. ENROLLMENT IN A DISCO
51 SHALL NOT BE GOVERNED BY THIS SUBPARAGRAPH.
52 (vi) Enrollment counselors or local social services districts, OR, AS
53 APPROPRIATE, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
54 shall further inquire into each participant's health status in order to
55 identify physical or behavioral conditions that require immediate atten-
56 tion or continuity of care, and provide to participants information
S. 4881 4
1 regarding health care options available to persons with HIV and other
2 illnesses or conditions under the managed care program. Any information
3 disclosed to counselors shall be kept confidential in accordance with
4 applicable provisions of the public health law, and as appropriate, the
5 mental hygiene law.
6 (vii) Any marketing materials developed by a managed care provider
7 shall be approved by the department of health or the local social
8 services district, and the commissioner of mental health and the commis-
9 sioner of alcoholism and substance abuse services, OR THE COMMISSIONER
10 OF DEVELOPMENTAL DISABILITIES, where appropriate, within sixty days
11 prior to distribution to recipients of medical assistance. All marketing
12 materials shall be reviewed within sixty days of submission.
13 S 7. Paragraph (f) of subdivision 4 of section 364-j of the social
14 services law is amended by adding a new subparagraph (vi) to read as
15 follows:
16 (VI) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO PARTICIPANTS
17 ELIGIBLE TO ENROLL IN A DISCO.
18 S 8. Paragraph (g) of subdivision 4 of section 364-j of the social
19 services law, as amended by section 39 of part A of chapter 56 of the
20 laws of 2013, is amended to read as follows:
21 (g) If another managed care provider is available, participants may
22 change such provider or plan without cause within thirty days of notifi-
23 cation of enrollment or the effective date of enrollment, whichever is
24 later with a managed care provider by making a request of the local
25 social services district except that such period shall be forty-five
26 days for participants who have been assigned to a provider by the
27 commissioner of health. However, after such thirty or forty-five day
28 period, whichever is applicable, a participant may be prohibited from
29 changing managed care providers more frequently than once every twelve
30 months, as permitted by federal law except for good cause as determined
31 by the commissioner of health through regulations. NOTWITHSTANDING ANY
32 PROVISION OF THIS PARAGRAPH, PARTICIPANTS MAY CHANGE A MANAGED CARE
33 PROVIDER TO ENROLL IN A DISCO AT ANY TIME WITHOUT CAUSE AND MAY CHANGE
34 DISCO OR DISCOS PLAN AT ANY TIME WITHOUT CAUSE.
35 S 9. Paragraph (h) of subdivision 4 of section 364-j of the social
36 services law, as amended by section 39 of part A of chapter 56 of the
37 laws of 2013, is amended to read as follows:
38 (h) If another medical services provider is available, a participant
39 may change his or her provider of medical services (including primary
40 care practitioners) without cause within thirty days of the partic-
41 ipant's first appointment with a medical services provider by making a
42 request of the managed care provider. However, after that thirty day
43 period, no participant shall be permitted to change his or her provider
44 of medical services other than once every six months except for good
45 cause as determined by the commissioner through regulations. THIS PARA-
46 GRAPH SHALL NOT APPLY TO PARTICIPANTS ENROLLED IN DISCOS.
47 S 10. Paragraph (i) of subdivision 4 of section 364-j of the social
48 services law, as amended by section 39 of part A of chapter 56 of the
49 laws of 2013, is amended to read as follows:
50 (i) A managed care provider requesting a disenrollment shall not
51 disenroll a participant without the prior approval of the local social
52 services district in which the participant resides, OR, IN THE CASE OF A
53 DISCO, WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER OF DEVELOPMENTAL
54 DISABILITIES, provided that disenrollment from a special needs managed
55 care plan must comply with the standards of the commissioner of health,
56 the commissioner of alcoholism and substance abuse services, and the
S. 4881 5
1 commissioner of mental health AND DISENROLLMENT FROM A DISCO MUST COMPLY
2 WITH THE STANDARDS OF THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF
3 DEVELOPMENTAL DISABILITIES. A managed care provider shall not request
4 disenrollment of a participant based on any diagnosis, condition, or
5 perceived diagnosis or condition, or a participant's efforts to exercise
6 his or her rights under a grievance process, provided however, that a
7 managed care provider may, where medically appropriate, request permis-
8 sion to refer participants to a managed care provider that is a special
9 needs managed care plan or a comprehensive HIV special needs plan after
10 consulting with such participant and upon obtaining his/her consent to
11 such referral, and provided further that a special needs managed care
12 plan may, where clinically appropriate, disenroll individuals who no
13 longer require the level of services provided by a special needs managed
14 care plan.
15 S 11. Paragraph (m) of subdivision 4 of section 364-j of the social
16 services law, as amended by chapter 649 of the laws of 1996, is amended
17 to read as follows:
18 (m) A managed care provider shall provide all early periodic screening
19 diagnosis and treatment services, as well as interperiodic screening and
20 referral, to each participant under the age of twenty-one, at regular
21 intervals, as medically appropriate, EXCEPT THAT A DISCO SHALL ONLY BE
22 REQUIRED TO PROVIDE SUCH SERVICES IF SO AUTHORIZED.
23 S 12. Paragraph (n) of subdivision 4 of section 364-j of the social
24 services law, as amended by chapter 484 of the laws of 2009, is amended
25 to read as follows:
26 (n) A managed care provider shall provide or arrange, directly or
27 indirectly (including by referral) for the provision of comprehensive
28 prenatal care services to all pregnant participants in accordance with
29 standards adopted by the department of health, EXCEPT THAT A DISCO SHALL
30 ONLY BE REQUIRED TO PROVIDE OR ARRANGE FOR SUCH SERVICES IF SO AUTHOR-
31 IZED.
32 S 13. Paragraph (v) of subdivision 4 of section 364-j of the social
33 services law, as added by section 39 of part A of chapter 56 of the laws
34 of 2013, is amended to read as follows:
35 (v) A managed care provider must allow enrollees to access chemical
36 dependence treatment services from facilities certified by the office of
37 alcoholism and substance abuse services, even if such services are
38 rendered by a practitioner who would not otherwise be separately reim-
39 bursed, including but not limited to a credentialed alcoholism and
40 substance abuse counselor (CASAC), EXCEPT THAT A DISCO SHALL ONLY BE
41 REQUIRED TO ALLOW ACCESS TO SUCH SERVICES IF SO AUTHORIZED.
42 S 14. Paragraph (g) of subdivision 5 of section 364-j of the social
43 services law, as added by section 15 of part C of chapter 58 of the laws
44 of 2004, is amended to read as follows:
45 (g) The commissioner of health may delegate some or all of the tasks
46 identified in this section to the local districts, EXCEPT THAT THE
47 COMMISSIONER OF HEALTH MAY NOT MAKE ANY SUCH DELEGATION WITH RESPECT TO
48 DISCOS.
49 S 15. Paragraph (b) of subdivision 6 of section 364-j of the social
50 services law, as added by chapter 649 of the laws of 1996, is amended to
51 read as follows:
52 (b) distribute marketing materials to recipients of medical assist-
53 ance, unless such materials are approved by the department of health
54 and, as appropriate, the office of mental health OR THE OFFICE FOR
55 PEOPLE WITH DEVELOPMENTAL DISABILITIES.
S. 4881 6
1 S 16. Subparagraph (ii) of paragraph (f) of subdivision 8 of section
2 364-j of the social services law, as added by chapter 649 of the laws of
3 1996, is amended to read as follows:
4 (ii) there are opportunities to select from at least three primary
5 care providers, PROVIDED HOWEVER THAT THIS REQUIREMENT SHALL NOT APPLY
6 TO DISCOS THAT ARE NOT AUTHORIZED TO OFFER OR ARRANGE FOR PRIMARY CARE;
7 and
8 S 17. The opening paragraph of paragraph (f) of subdivision 27 of
9 section 364-j of the social services law, as added by section 72 of part
10 A of chapter 56 of the laws of 2013, is amended to read as follows:
11 Notwithstanding any inconsistent provisions of this section and
12 sections one hundred twelve and one hundred sixty-three of the state
13 finance law, or section one hundred forty-two of the economic develop-
14 ment law, or any other law to the contrary, the commissioner of health
15 and, in the case of FIDAs authorized exclusively to enroll persons with
16 developmental disabilities, the commissioner of health and the commis-
17 sioner of the office for people with developmental disabilities, may
18 contract with FIDAs approved under this section without a competitive
19 bid or request for proposal process, [are authorized to enter into a
20 contract or contracts under this section,] provided, however, that:
21 S 18. Paragraphs (a) and (b) of subdivision 2 of section 43.04 of the
22 mental hygiene law, as amended by chapter 41 of the laws of 1992,
23 subparagraph (ii) of paragraph (a) and subparagraph (ii) of paragraph
24 (b) as separately amended by chapters 194 and 309 of the laws of 1996
25 and subparagraph (iii) of paragraph (a) as added by section 1 and
26 subparagraph (iii) of paragraph (b) as added by section 2 of part D of
27 chapter 58 of the laws of 2007, are amended to read as follows:
28 (a) (i) For each provider of services in the categories of services
29 set forth in subdivision one of this section located in [Regions II and
30 III, as defined in the methodology established pursuant to paragraph
31 (ii) of subdivision (c) of section 43.02 of this article] ALL COUNTIES
32 EXCLUDING NEW YORK, BRONX, KINGS, QUEENS AND RICHMOND, the assessment
33 shall be six-tenths of one percent of each such provider of services'
34 gross receipts received for all services rendered within such service
35 categories on a cash basis beginning January first, nineteen hundred
36 ninety-one.
37 (ii) For each provider of services in the categories of services set
38 forth in subdivision one of this section, excluding, on and after April
39 first, nineteen hundred ninety-four, providers of day treatment
40 services, located in [Regions II and III, as defined in the methodology
41 established pursuant to paragraph (ii) of subdivision (c) of section
42 43.02 of this article] ALL COUNTIES EXCLUDING NEW YORK, BRONX, KINGS,
43 QUEENS AND RICHMOND, an additional assessment shall be two and four-
44 tenths percent of each such provider of services' gross receipts
45 received for all services rendered within such service categories on a
46 cash basis beginning April first, nineteen hundred ninety-two; provided,
47 however, such additional assessment shall be five and four-tenths
48 percent of each such provider of services' gross receipts received for
49 all services rendered within such service categories on a cash basis
50 beginning April first, nineteen hundred ninety-six and ending March
51 thirty-first, nineteen hundred ninety-seven.
52 (iii) For each provider of services in the categories of services set
53 forth in subdivision one of this section, excluding, on and after April
54 first, nineteen hundred ninety-four, providers of day treatment
55 services, located in [Regions II and III, as defined in the methodology
56 established pursuant to paragraph (ii) of subdivision (c) of section
S. 4881 7
1 43.02 of this article] ALL COUNTIES EXCLUDING NEW YORK, BRONX, KINGS,
2 QUEENS AND RICHMOND, notwithstanding any other provision of this para-
3 graph, the total assessment shall be six percent of each such provider's
4 gross receipts received on a cash basis for all services rendered,
5 beginning April first, nineteen hundred ninety-seven, and five and five-
6 tenths percent of each such provider's gross receipts received on a cash
7 basis for all services rendered, beginning January first, two thousand
8 eight.
9 (b) (i) For each provider of services in the categories of services
10 set forth in subdivision one of this section located in [Region I, as
11 defined in the methodology established pursuant to paragraph (ii) of
12 subdivision (c) of section 43.02 of this article] THE COUNTIES OF NEW
13 YORK, BRONX, KINGS, QUEENS AND RICHMOND, the assessment shall be six-
14 tenths of one percent of each such provider of services' gross receipts
15 received for all services rendered within such service categories on a
16 cash basis beginning July first, nineteen hundred ninety-one.
17 (ii) For each provider of services in the categories of services set
18 forth in subdivision one of this section, excluding, on and after April
19 first, nineteen hundred ninety-four, providers of day treatment
20 services, located in [Region I, as defined in the methodology estab-
21 lished pursuant to paragraph (ii) of subdivision (c) of section 43.02 of
22 this article] THE COUNTIES OF NEW YORK, BRONX, KINGS, QUEENS AND RICH-
23 MOND, an additional assessment shall be two and four-tenths percent of
24 each such provider of services' gross receipts received for all services
25 rendered within such service categories on a cash basis beginning April
26 first, nineteen hundred ninety-two; provided, however, such additional
27 assessment shall be five and four-tenths percent of each such provider
28 of services' gross receipts received for all services rendered within
29 such service categories on a cash basis beginning April first, nineteen
30 hundred ninety-six and ending March thirty-first, nineteen hundred nine-
31 ty-seven.
32 (iii) For each provider of services in the categories of services set
33 forth in subdivision one of this section, excluding, on and after April
34 first, nineteen hundred ninety-four, providers of day treatment
35 services, located in [Region I, as defined in the methodology estab-
36 lished pursuant to paragraph (ii) of subdivision (c) of section 43.02 of
37 this article] THE COUNTIES OF NEW YORK, BRONX, KINGS, QUEENS AND RICH-
38 MOND, notwithstanding any other provision of this paragraph, the total
39 assessment shall be six percent of each such provider's gross receipts
40 received on a cash basis for all services rendered, beginning April
41 first, nineteen hundred ninety-seven, and five and five-tenths percent
42 of each such provider's gross receipts received on a cash basis for all
43 services rendered, beginning January first, two thousand eight.
44 S 19. Subdivision 4 of section 43.04 of the mental hygiene law, as
45 amended by chapter 37 of the laws of 2011, is amended to read as
46 follows:
47 4. Gross receipts received from all services rendered within the
48 service categories set forth in subdivision one of this section shall
49 include, without limitation, all monies received on account of such
50 services pursuant to rates of reimbursement established by the office
51 for people with developmental disabilities OR THE DEPARTMENT OF HEALTH
52 and paid by the state, and shall not include, subject to the provisions
53 of subdivision twelve of this section, charitable contributions, grants,
54 donations, bequests and income from non-service related fund raising
55 activities and governmental deficit financing.
S. 4881 8
1 S 20. Paragraph 3 of subdivision (b) of section 5.07 of the mental
2 hygiene law, as amended by section 3 of part N of chapter 56 of the laws
3 of 2012, is amended to read as follows:
4 (3) The commissioners of each of the offices shall be responsible for
5 the development of such statewide five-year plan for services within the
6 jurisdiction of their respective offices and after giving due notice
7 shall conduct one or more public hearings on such plan. The behavioral
8 health services advisory council and the advisory council on develop-
9 mental disabilities shall review the statewide five year comprehensive
10 plan developed by such office or offices and report its recommendations
11 thereon to such commissioner or commissioners. Each commissioner shall
12 submit the plan, with appropriate modifications, to the governor no
13 later than the first day of November of each year in order that such
14 plan may be considered with the estimates of the offices for the prepa-
15 ration of the executive budget of the state of New York for the next
16 succeeding state fiscal year. Such comprehensive plan shall be submitted
17 to the legislature and also be posted to the website of each office.
18 Statewide plans shall ensure responsiveness to changing needs and goals
19 and shall reflect the development of new information and the completion
20 of program evaluations. [An interim report detailing the commissioner's
21 actions in fulfilling the requirements of this section in preparation of
22 the plan and modifications in the plan of services being considered by
23 the commissioner shall be submitted to the governor and the legislature
24 on or before the fifteenth day of March of each year. Such interim
25 report shall include, but need not be limited to:
26 (a) actions to include participation of consumers, consumer groups,
27 providers of services and departmental facilities, as required by this
28 subdivision; and
29 (b) any modifications in the plan of services being considered by the
30 commissioner, to include: (i) compelling budgetary, programmatic or
31 clinical justifications or other major appropriate reason for any
32 significant new statewide programs or policy changes from a prior
33 (approved) five year comprehensive plan; and (ii) procedures to involve
34 or inform local governmental units of such actions or plans.]
35 S 21. Subdivision (c) of section 5.07 of the mental hygiene law is
36 REPEALED.
37 S 22. Section 13.06 of the mental hygiene law is REPEALED.
38 S 23. Subdivision (a) of section 13.21 of the mental hygiene law, as
39 amended by section 3 of part J of chapter 56 of the laws of 2012, is
40 amended to read as follows:
41 (a) The directors of both the state operations offices and develop-
42 mental disabilities regional offices in the office for people with
43 developmental disabilities shall be appointed by the commissioner. Each
44 such director shall be in the non-competitive class and designated as
45 confidential as defined by subdivision two-a of section forty-two of the
46 civil service law and shall serve at the pleasure of the commissioner.
47 [He or she] THE COMMISSIONER shall in exercising his or her appointing
48 authority take, consistent with article twenty-three-A of the correction
49 law, all reasonable and necessary steps to insure that any such person
50 so appointed has not previously engaged in any act in violation of any
51 law which indicates a propensity to act in a manner that would compro-
52 mise the health and safety of patients in the facility [of which he or
53 she is director. He or she]. A DIRECTOR shall manage the state oper-
54 ations office or developmental disabilities regional office and adminis-
55 ter its personnel system subject to applicable law, the regulations of
56 the commissioner, and the rules of the state civil service commission.
S. 4881 9
1 The directors of the developmental disabilities regional offices and
2 state operations offices shall maintain effective supervision of all
3 parts of their respective offices. The directors of state operations
4 offices shall generally provide for the administration of supports and
5 services to individuals with developmental disabilities in state oper-
6 ated programs. Directors of regional offices shall generally oversee
7 the administration of supports and services to individuals with develop-
8 mental disabilities in settings outside the state operated programs.
9 S 24. Subdivision (a) of section 13.33 of the mental hygiene law, as
10 amended by section 4 of part J of chapter 56 of the laws of 2012, is
11 amended to read as follows:
12 (a) Each state operations office under the jurisdiction of the commis-
13 sioner shall have a minimum of one board of visitors consisting of at
14 least seven but not more than fourteen members. Members appointed or
15 reappointed after the effective date of this chapter shall be appointed
16 by the governor[, by and with the advice and consent of the senate].
17 Members shall be appointed for four year terms to expire on the thirty-
18 first day of December of the fourth year of the term of office provided
19 however, when more than three terms expire in any one year, members may
20 be appointed for terms of fewer years as designated by the governor so
21 that no more than three members' terms expire in any one year. All terms
22 of office shall expire on the thirty-first day of December of the desig-
23 nated year. A member whose term has expired shall, however, remain in
24 office until such member's successor has been appointed and has taken
25 office, or until such member shall have resigned or have been removed
26 from office in the manner hereinafter provided. Should any member
27 resign or be removed from office, the governor shall promptly submit[,
28 for senate consent,] a successor candidate to fill the remaining term of
29 the vacated office. A visitor may be removed by the governor for cause
30 after notice and an opportunity for a hearing on the charges. In making
31 appointments to boards of visitors, the governor shall endeavor to
32 ensure that the membership of each such board shall adequately reflect
33 the composition of the community or communities served by the state
34 operations office, that the membership of each such board includes at
35 least three individuals who are parents or relatives of patients or of
36 former patients and that the remainder includes only those persons,
37 including former patients, who shall have expressed an active interest
38 in, or shall have obtained professional knowledge in the care of persons
39 with developmental disabilities or in developmental disability endeavors
40 generally.
41 S 25. Section 33.17 of the mental hygiene law is REPEALED.
42 S 26. This act shall take effect immediately; provided, however, that
43 the amendments to section 364-j of the social services law made by
44 sections one, two, three, four, five, six, seven, eight, nine, ten,
45 eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen of
46 this act shall not affect the repeal of such section and shall be deemed
47 repealed therewith.
