Bill Text: NY S05991 | 2017-2018 | General Assembly | Amended
Bill Title: Corrects various laws to ensure that the office for people with developmental disabilities is no longer referred to as the office of mental retardation and developmental disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05991 Detail]
Download: New_York-2017-S05991-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5991--A 2017-2018 Regular Sessions IN SENATE May 9, 2017 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- recommitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, the executive law, the state finance law, the transportation law, the public authorities law, the public health law, the public lands law, the education law, the retirement and social security law, the social services law, the cooperative corporations law, the elder law, the correction law, the criminal procedure law, the family court act, the facilities development corpo- ration act, the medical care facilities agency act and the administra- tive code of the city of New York, in relation to making technical corrections to references to the office 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. The opening paragraph of section 5-211 of the election law, 2 as amended by chapter 265 of the laws of 2013, is amended to read as 3 follows: 4 Each agency designated as a participating agency under the provisions 5 of this section shall implement and administer a program of distribution 6 of voter registration forms pursuant to the provisions of this section. 7 The following offices which provide public assistance and/or provide 8 state funded programs primarily engaged in providing services to persons 9 with disabilities are hereby designated as voter registration agencies: 10 designated as the state agencies which provide public assistance are the 11 office of children and family services, the office of temporary and 12 disability assistance and the department of health. Also designated as 13 public assistance agencies are all agencies of local government that 14 provide such assistance. Designated as state agencies that provide EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09546-05-8S. 5991--A 2 1 programs primarily engaged in providing services to people with disabil- 2 ities are the department of labor, office for the aging, division of 3 veterans' affairs, office of mental health, office of vocational and 4 educational services for individuals with disabilities, commission on 5 quality of care for the mentally disabled, office [of mental retardation6and] for people with developmental disabilities, commission for the 7 blind, office of alcoholism and substance abuse services, the office of 8 the advocate for the disabled and all offices which administer programs 9 established or funded by such agencies. Additional state agencies desig- 10 nated as voter registration offices are the department of state and the 11 division of workers' compensation. Such agencies shall be required to 12 offer voter registration forms to persons upon initial application for 13 services, renewal or recertification for services and change of address 14 relating to such services. Such agencies shall also be responsible for 15 providing assistance to applicants in completing voter registration 16 forms, receiving and transmitting the completed application form from 17 all applicants who wish to have such form transmitted to the appropriate 18 board of elections. The state board of elections shall, together with 19 representatives of the department of defense, develop and implement 20 procedures for including recruitment offices of the armed forces of the 21 United States as voter registration offices when such offices are so 22 designated by federal law. The state board shall also make request of 23 the United States Immigration and Naturalization Service to include 24 applications for registration by mail with any materials which are given 25 to new citizens. All institutions of the state university of New York 26 and the city university of New York, shall, at the beginning of the 27 school year, and again in January of a year in which the president of 28 the United States is to be elected, provide an application for registra- 29 tion to each student in each such institution. The state board of 30 elections may, by regulation, grant a waiver from any or all of the 31 requirements of this section to any office or program of an agency, if 32 it determines that it is not feasible for such office or program to 33 administer such requirement. 34 § 2. Subdivision 1 of section 548-e of the executive law, as added by 35 chapter 657 of the laws of 1990, is amended to read as follows: 36 1. Establishment. A neighborhood based initiatives oversight committee 37 shall be established to oversee the implementation of the provisions of 38 this article and shall consist of representatives of the following agen- 39 cies or their designees, with the commissioner of the department or his 40 or her designee serving as chairperson: the state advocate for the disa- 41 bled; the director of the office for the aging; the director of the 42 division of alcoholism and alcohol abuse; the executive director of the 43 council on children and families; the chancellor of the city university 44 of New York; the executive director of the developmental disabilities 45 action planning council; the director of the budget; the commissioner of 46 economic development; the commissioner of education; the commissioner of 47 health; the commissioner of housing and community renewal; the commis- 48 sioner of labor; the commissioner of mental health; the commissioner of 49 [mental retardation and] the office for people with developmental disa- 50 bilities; the commissioner of parks, recreation and historic preserva- 51 tion; the chancellor of the state university of New York; the director 52 of the division of substance abuse services; the director of the divi- 53 sion for youth; the director of the division for women; and the depart- 54 ment of audit and control.S. 5991--A 3 1 § 3. Subdivisions 1 and 2 of section 702 of the executive law, as 2 added by chapter 551 of the laws of 2002, are amended to read as 3 follows: 4 1. The most integrated setting coordinating council is hereby created 5 within the executive department to have and exercise the functions, 6 powers and duties provided by the provisions of this article and any 7 other provision of law. The council shall be comprised of the commis- 8 sioners of: the department of health, the office [of mental retardation9and] for people with developmental disabilities, the office of mental 10 health, the department of transportation, the office of children and 11 family services, the office of alcohol and substance abuse services, the 12 department of education, and the division of housing and community 13 renewal. In addition, the council shall consist of the director of the 14 office for the aging, a representative from the office of the advocate 15 for persons with disabilities, a representative from the commission on 16 quality of care for the mentally disabled, three consumers of services 17 for individuals with disabilities, one to be appointed by the governor, 18 one to be appointed by the temporary president of the senate, and one to 19 be appointed by the speaker of the assembly, three individuals with 20 expertise in the field of community services for people of all ages with 21 disabilities, one to be appointed by the governor, one to be appointed 22 by the temporary president of the senate, and one to be appointed by the 23 speaker of the assembly, and three individuals with expertise in or 24 recipients of services available to senior citizens with disabilities, 25 one to be appointed by the governor, one to be appointed by the tempo- 26 rary president of the senate, and one to be appointed by the speaker of 27 the assembly. 28 2. The commissioners of the department of health, the office of mental 29 health, the office [of mental retardation and] for people with develop- 30 mental disabilities, and the director of the office for the aging shall 31 rotate as chairperson of the council on a quarterly basis. 32 § 4. Section 179-aa of the state finance law, as amended by chapter 33 292 of the laws of 2007, is amended to read as follows: 34 § 179-aa. Advisory committee. There is hereby established a not-for- 35 profit contracting advisory committee. The advisory committee shall 36 consist of sixteen members which shall include eight appointed members, 37 four to be appointed by the governor who shall be representatives of 38 not-for-profit organizations providing services in the state, and two 39 each to be appointed by the governor upon recommendation of the tempo- 40 rary president of the senate and speaker of the assembly, and eight ex 41 officio members of the committee, one each designated from the division 42 of the budget, the department of law, the office of the state comp- 43 troller, and the education department. The governor shall also designate 44 four members from among the following agencies: the department of state, 45 the office of children and family services, the office of temporary and 46 disability assistance, the department of health, the office of mental 47 hygiene, the office [of mental retardation and] for people with develop- 48 mental disabilities, and the department of labor. The governor shall 49 designate an appointee to serve as chair of the committee. The advisory 50 committee shall meet at least quarterly and upon its own initiative may: 51 comment and report on the implementation and operation of the not-for- 52 profit short-term revolving loan fund; advise the governor, comptroller 53 and state agencies on the implementation and operation of this article; 54 evaluate the benefits of requiring all state agencies to use standard 55 contract language and the extent to which standard language may be 56 effectively included in contracts with not-for-profit organizations;S. 5991--A 4 1 review annually the report of the office of the state comptroller made 2 pursuant to section one hundred seventy-nine-bb of this article; and 3 propose any legislation they deem necessary to improve the fund and this 4 article. The committee shall report to the governor and the legislature 5 with recommendations on improving the contracting procedures with not- 6 for-profit organizations which receive state funds through the interme- 7 diary of municipalities. Such reports shall be due annually not later 8 than December first. 9 § 5. Subdivision 1 of section 73-d of the transportation law, as 10 amended by chapter 562 of the laws of 1987, is amended to read as 11 follows: 12 1. There is hereby created a committee to be known as the "interagency 13 coordinating committee on rural public transportation", to be comprised 14 of nineteen members. The commissioner or his or her designee shall serve 15 as chairperson. Twelve of such members shall be the following or his or 16 her duly designated representative: the director of the office for the 17 aging; the commissioner of education; the commissioner of labor; the 18 commissioner of health; the commissioner of the office of mental health; 19 the commissioner of the office [of mental retardation and] for people 20 with developmental disabilities; the commissioner of social services; 21 state advocate for the disabled; secretary of state; commissioner of 22 agriculture and markets; the director of the office of rural affairs and 23 the director of the division for youth. Six additional members, all of 24 whom shall be transportation providers or consumers representing rural 25 counties shall be appointed to serve a term of three years as follows: 26 two by the president pro-tempore of the senate, two by the speaker of 27 the assembly, one by the minority leader of the senate, and one by the 28 minority leader of the assembly. Efforts shall be made to provide a 29 broad representation of consumers and providers of transportation 30 services in rural counties when making such appointments. Members of 31 the committee shall receive no salary. 32 The commissioner shall cause the department to provide staff assist- 33 ance necessary for the efficient and effective operation of the commit- 34 tee. 35 § 6. The undesignated paragraph of paragraph (b) of subdivision 2 of 36 section 1676 of the public authorities law, as added by chapter 281 of 37 the laws of 1988, is amended to read as follows: 38 The Devereux Foundation for the financing, construction and equipping 39 of facilities subject to the approval of the commissioner of education, 40 the commissioner of social services and the commissioner of the office 41 [of mental retardation and] for people with developmental disabilities 42 for a residential and educational program for children with handicapping 43 conditions, as such term is defined in subdivision one of section 44 forty-four hundred one of the education law, including, but not limited 45 to, those students who were publicly placed at the Rhinebeck Country 46 School during the nineteen hundred eighty-six--eighty-seven school year 47 and in furtherance of the state's overall goal of reducing the number of 48 children with handicapping conditions requiring out-of-state placements: 49 nothing in the foregoing shall be deemed to authorize The Devereux Foun- 50 dation to apply any funds or credit obtained pursuant to this section 51 toward the financing, construction or equipping of facilities on any 52 other property or properties it presently owns or controls or owns or 53 controls in the future. 54 § 7. The undesignated paragraph of paragraph (b) of subdivision 2 of 55 section 1676 of the public authorities law, as amended by chapter 299 of 56 the laws of 2017, is amended to read as follows:S. 5991--A 5 1 Not-for-profit members of InterAgency Council of [Mental Retardation2and] Developmental Disabilities Agencies, Inc., for the acquisition, 3 financing, refinancing, construction, reconstruction, renovation, devel- 4 opment, improvement, expansion and equipping of certain educational, 5 administrative, clinical, day program and residential facilities to be 6 located in the state of New York. 7 § 8. The undesignated paragraph of subdivision 1 of section 1680 of 8 the public authorities law, as added by chapter 281 of the laws of 1988, 9 is amended to read as follows: 10 The Devereux Foundation for the financing, construction and equipping 11 of facilities subject to the approval of the commissioner of education, 12 the commissioner of social services and the commissioner of the office 13 [of mental retardation and] for people with developmental disabilities 14 for a residential and educational program for children with handicapping 15 conditions, as such term is defined in subdivision one of section 16 forty-four hundred one of the education law, including, but not limited 17 to, those students who were publicly placed at the Rhinebeck Country 18 School during the nineteen hundred eighty-six--eighty-seven school year 19 and in the furtherance of the state's overall goal of reducing the 20 number of children with handicapping conditions requiring out-of-state 21 placements: nothing in the foregoing shall be deemed to authorize The 22 Devereux Foundation to apply any funds or credits obtained pursuant to 23 this section toward the financing, construction or equipping of facili- 24 ties on any other property or properties it presently owns or controls 25 or owns or controls in the future. 26 § 9. The undesignated paragraph of subdivision 1 of section 1680 of 27 the public authorities law, as added by chapter 343 of the laws of 1992, 28 is amended to read as follows: 29 Ferncliff Manor as a not-for-profit residential school serving chil- 30 dren who are severely mentally disabled and medically involved, who will 31 also on a not-for-profit basis operate an intermediate care facility, 32 for the financing, construction, reconstruction, improvement, renovation 33 and development of five twelve bed dormitories in Westchester County for 34 such children, subject to the approval of the commissioners of educa- 35 tion, social services, and [mental retardation and] the office for 36 people with developmental disabilities, and subject further to the 37 approval of the director of the budget as to project need and project 38 cost. Except to the extent otherwise prohibited by law, Ferncliff Manor 39 shall have full power and authority to assign and pledge to the authori- 40 ty, together with any pledge of its own assets and other income, any and 41 all public funds to be apportioned or otherwise made payable by the 42 state, a political subdivision, as defined in section one hundred of the 43 general municipal law, or any social services district in the state in 44 an amount sufficient to make all payments required to be made by Fern- 45 cliff Manor pursuant to any lease, sublease or other agreement entered 46 into between Ferncliff Manor and the authority. All state and local 47 officers are hereby authorized and required to pay all such funds so 48 assigned and pledged to the authority or upon the direction of the 49 authority, to any trustee of any authority bond or note issued pursuant 50 to a certificate filed with any such state or local officer by the 51 authority pursuant to the provisions of this section. No agreement or 52 lease by Ferncliff Manor shall be effective unless and until it is 53 approved by or on behalf of the commissioners of education, social 54 services, and [mental retardation and] the office for people with devel- 55 opmental disabilities, and subject further to the approval of the direc- 56 tor of the budget as to project need and project cost.S. 5991--A 6 1 § 10. The undesignated paragraph of subdivision 1 of section 1680 of 2 the public authorities law, as amended by chapter 780 of the laws of 3 1992, is amended to read as follows: 4 The Leake and Watts Children's Home (Incorporated), Yonkers, New York 5 for the financing, construction, reconstruction, improvement, renovation 6 or otherwise for (1) a new school building for the junior high and high 7 school vocational programs including a field house; (2) a new children's 8 cottage and renovation and reconstruction of eight existing children's 9 cottages to provide more efficient heating and cooling systems, more 10 secure supervision and to increase the number of beds; (3) renovation 11 and reconstruction of the main building to provide new electrical and 12 plumbing systems and internal rehabilitation; and (4) renovation and 13 reconstruction of the old school building for multiple use; subject to 14 the approval of the commissioners of education, social services and 15 [mental retardation and] the office for people with developmental disa- 16 bilities, and subject further to the approval of the director of the 17 budget including as to project need and project cost. Notwithstanding 18 any other provision of law, The Leake and Watts Children's Home (Incor- 19 porated) shall have full power and authority to assign and pledge to the 20 authority, together with any other assets so pledged, any and all prop- 21 erty rights to, and property interests in, any and all public funds to 22 be apportioned or otherwise made payable by the state, a political 23 subdivision, as defined in section one hundred of the general municipal 24 law, or any social services district in the state in an amount suffi- 25 cient to make all payments required to be made by The Leake and Watts 26 Children's Home (Incorporated) pursuant to any lease, sublease or other 27 agreement entered into between The Leake and Watts Children's Home 28 (Incorporated) and the authority. All state and local officers are here- 29 by authorized and required to pay all such funds so assigned and pledged 30 to the authority or upon the direction of the authority, to any trustee 31 of any authority bond or note issued pursuant to a certificate filed 32 with any such state or local officer by the authority pursuant to the 33 provisions of this section. No lease, sublease or other agreement by The 34 Leake and Watts Children's Home (Incorporated) shall be effective unless 35 and until it is approved by or on behalf of the commissioners of educa- 36 tion, social services and [mental retardation and] the office for people 37 with developmental disabilities and subject further to the approval of 38 the director of the budget including as to project need and project 39 cost. 40 § 11. The undesignated paragraph of subdivision 1 of section 1680 of 41 the public authorities law, as amended by section 6 of chapter 299 of 42 the laws of 2017, is amended to read as follows: 43 Not-for-profit members of InterAgency Council of [Mental Retardation44and] Developmental Disabilities Agencies, Inc., for the acquisition, 45 financing, refinancing, construction, reconstruction, renovation, devel- 46 opment, improvement, expansion and equipping of certain educational, 47 administrative, clinical, day program and residential facilities to be 48 located in the state of New York. Notwithstanding any other provision of 49 law, not-for-profit members of the InterAgency Council of [Mental Retar-50dation] and Developmental Disabilities Agencies, Inc. shall have full 51 power and authority to assign and pledge to the dormitory authority, any 52 and all public funds to be apportioned or otherwise made payable by the 53 United States, any agency thereof, the state, any agency thereof, a 54 political subdivision, as defined in section one hundred of the general 55 municipal law, any social services district in the state or any other 56 governmental entity in an amount sufficient to make all paymentsS. 5991--A 7 1 required to be made by such members pursuant to any lease, sublease or 2 other agreement entered into between such members and the dormitory 3 authority. All state and local officers are hereby authorized and 4 required to pay all such funds so assigned and pledged to the dormitory 5 authority or, upon the direction of the dormitory authority, to any 6 trustee of any dormitory authority bond or note issued, pursuant to a 7 certificate filed with any such state or local officer by the dormitory 8 authority pursuant to the provisions of this section. 9 § 12. Subdivision 3 of section 2879-a of the public authorities law, 10 as added by chapter 506 of the laws of 2009, is amended to read as 11 follows: 12 3. This section shall not apply to: (a) contracts entered into for the 13 issuance of commercial paper or bonded indebtedness, other than 14 contracts with the state providing for the payment of debt service 15 subject to an appropriation; (b) contracts entered into by an entity 16 established under article ten-c of the public authorities law that are 17 for: (i) projects approved by the department of health or the public 18 health council in accordance with articles twenty-eight, thirty-six or 19 forty of the public health law or article seven of the social services 20 law; (ii) projects approved by the office of mental health, the office 21 [of mental retardation and] for people with developmental disabilities, 22 or the office of alcoholism and substance abuse services in accordance 23 with articles sixteen, thirty-one, or thirty-two of the mental hygiene 24 law; (iii) services, affiliations or joint ventures for the provision or 25 administration of health care services or scientific research; (iv) 26 payment for direct health care services or goods used in the provision 27 of health care services; or (v) participation in group purchasing 28 arrangements; (c) contracts entered into for the procurement of goods, 29 services or both goods and services made to meet emergencies arising 30 from unforeseen causes or to effect repairs to critical infrastructure 31 that are necessary to avoid a delay in the delivery of critical services 32 that could compromise the public welfare; (d) contracts of purchase or 33 sale of energy, electricity or ancillary services made by an authority 34 on a recognized market for goods, services, or commodities in question 35 in accordance with standard terms and conditions of purchase or sale at 36 a market price; (e) contracts for the purchase, sale or delivery of 37 power or energy, fuel, costs and services ancillary thereto, or finan- 38 cial products related thereto, with a term of less than five years; and 39 (f) contracts for the sale or delivery of power or energy and costs and 40 services ancillary thereto for economic development purposes pursuant to 41 title one of article five of this chapter or article six of the economic 42 development law, provided, however, that the authority shall file copies 43 of any such contract with the comptroller within sixty days after the 44 execution of such contract. 45 § 13. Subdivisions 2 and 3 of section 32 of the public health law, 46 subdivision 2 as added by chapter 442 of the laws of 2006 and subdivi- 47 sion 3 as amended by chapter 109 of the laws of 2007, are amended to 48 read as follows: 49 2. to conduct and supervise activities to prevent, detect and investi- 50 gate medical assistance program fraud and abuse amongst the following: 51 the department; the offices of mental health, [mental retardation and52developmental disabilities,] alcoholism and substance abuse services, 53 temporary disability assistance, and children and family services and 54 the office for people with developmental disabilities; 55 3. to coordinate, to the greatest extent possible, activities to 56 prevent, detect and investigate medical assistance program fraud andS. 5991--A 8 1 abuse amongst the following: the department; the offices of mental 2 health, [mental retardation and developmental disabilities,] alcoholism 3 and substance abuse services, temporary disability assistance, and chil- 4 dren and family services and the office for people with developmental 5 disabilities; the commission on quality of care and advocacy for persons 6 with disabilities; the department of education; the fiscal agent 7 employed to operate the medical assistance information and payment 8 system; local governments and entities; and to work in a coordinated and 9 cooperative manner with, to the greatest extent possible, the deputy 10 attorney general for Medicaid fraud control; the welfare inspector 11 general, federal prosecutors, district attorneys within the state, the 12 special investigative unit maintained by each health insurer operating 13 within the state, and the state comptroller; 14 § 14. Section 34 of the public health law, as added by chapter 442 of 15 the laws of 2006, is amended to read as follows: 16 § 34. Transfer of employees. Upon the transfer of the medical assist- 17 ance program audit and fraud and abuse prevention functions from the 18 department and the offices of mental health, [mental retardation and19developmental disabilities,] alcoholism and substance abuse services, 20 temporary disability assistance, and children and family services and 21 the office for people with developmental disabilities to the office 22 within the department pursuant to section thirty-one of this title, 23 provision shall be made for the transfer of necessary officers and 24 employees who are substantially engaged in the performance of the func- 25 tion to be transferred, and any documents and records necessary and 26 related to the transfer of such functions. The heads of the departments 27 or agencies from which such function is to be transferred and the 28 inspector shall confer to determine the officers and employees who are 29 substantially engaged in the medical assistance program audit and fraud 30 and abuse prevention function to be transferred. In accordance with 31 subdivision two of section seventy of the civil service law, officers 32 and employees so transferred shall be transferred without further exam- 33 ination or qualification to the same or similar titles and shall remain 34 in the same collective bargaining unit and shall retain their respective 35 civil service classification, status and rights pursuant to their 36 collective bargaining unit and collective bargaining agreement. 37 Notwithstanding the office's regional operations, all office employees 38 shall be co-located, to the greatest extent practicable. The inspector 39 shall have sole responsibility for establishing methods of adminis- 40 tration for the office. 41 § 15. Subdivision 2 of section 2004-a of the public health law, as 42 added by section 24 of part B of chapter 58 of the laws of 2007, is 43 amended to read as follows: 44 2. The council shall be comprised of twenty-one members as follows: 45 the commissioner of health, the director of the state office for the 46 aging, the commissioner of children and family services, the commission- 47 er of education, the commissioner of mental health and the commissioner 48 of [mental retardation and] the office for people with developmental 49 disabilities who shall serve ex officio and who may designate represen- 50 tatives to act on their behalf. The governor shall appoint seven other 51 members with expertise in Alzheimer's disease, other dementia or elder 52 care issues, at least two of whom shall represent not-for-profit corpo- 53 rations whose primary purpose is to provide access to experts in the 54 care of persons with Alzheimer's disease and related dementia, that are 55 part of a statewide network of not-for-profit corporations established 56 specifically to respond at the local and regional level to the needs ofS. 5991--A 9 1 this population and that provide family intervention services related to 2 Alzheimer's disease in order to postpone or prevent nursing home place- 3 ments of individuals with Alzheimer's disease or other dementia. Eight 4 members shall be appointed by the governor on the recommendation of the 5 legislative leaders as follows: the temporary president of the senate 6 and the speaker of the assembly shall each recommend three members to 7 the council. One of the three members recommended by the temporary pres- 8 ident and one of the three members recommended by the speaker shall be a 9 clinical or research expert in the field of dementia and one of the 10 three members appointed by each shall be a family member or caregiver of 11 a person suffering from Alzheimer's disease or other dementia. One 12 member shall be appointed on the recommendation of the minority leader 13 of the senate and one member shall be appointed on the recommendation of 14 the minority leader of the assembly. The commissioner of health and the 15 director of the office for the aging shall serve, ex officio, as 16 co-chairs of the council. Administrative duties shall be the responsi- 17 bility of the department. The members of the council shall receive no 18 compensation for their services. 19 § 16. Subdivision 17 of section 2541 of the public health law, as 20 added by chapter 428 of the laws of 1992, is amended to read as follows: 21 17. "State early intervention service agencies" means the departments 22 of health, education and social services and the offices of mental 23 health[, mental retardation and developmental disabilities] and [office24of] alcoholism and substance abuse services and the office for people 25 with developmental disabilities. 26 § 17. Subdivision 4 of section 2559 of the public health law, as added 27 by section 8 of part B-3 of chapter 62 of the laws of 2003, is amended 28 to read as follows: 29 4. Notwithstanding any other provision of law, the commissioner, 30 pursuant to a memorandum of understanding with the commissioner of the 31 office [of mental retardation and] for people with developmental disa- 32 bilities, shall develop and submit a medicaid home and community based 33 services waiver, pursuant to section 1915c of the social security act, 34 for the purpose of creating a waiver program to provide and finance 35 services for children who qualify for the early intervention program. In 36 further establishing eligibility criteria under the waiver program, the 37 commissioner, in conjunction with the commissioner of the office [of38mental retardation and] for people with developmental disabilities, 39 shall establish health, developmental and psycho-social criteria which 40 shall permit the broadest eligibility based on criteria for the early 41 intervention program and federal standards for participation in a waiver 42 program. The waiver application shall be submitted pursuant to section 43 1915c of the social security act no later than January first, two thou- 44 sand four. 45 § 18. Section 2740 of the public health law, as added by chapter 196 46 of the laws of 1994, is amended to read as follows: 47 § 2740. Traumatic brain injury program. The department shall have the 48 central responsibility for administering the provisions of this article 49 and otherwise coordinating the state's policies with respect to traumat- 50 ic brain injury, in consultation with the office [of mental retardation51and] for people with developmental disabilities, the office of mental 52 health, the department of education, the office of alcoholism and 53 substance abuse services, the department of social services, the office 54 of the advocate for the disabled and the commission on quality of care 55 for the mentally disabled.S. 5991--A 10 1 § 19. Subdivision 1 of section 2744 of the public health law, as added 2 by chapter 196 of the laws of 1994, is amended to read as follows: 3 1. The traumatic brain injury services coordinating council is hereby 4 established and shall consist of the following persons or their desig- 5 nees: the commissioner, the commissioner of [mental retardation and] the 6 office for people with developmental disabilities, the office of mental 7 health, the commissioner of education, the commissioner of alcoholism 8 and substance abuse services, the commissioner of social services, the 9 state advocate for the disabled and the commission on quality of care 10 for the mentally disabled. In addition, the council shall consist of the 11 following persons: five persons appointed by the governor, three of whom 12 shall be persons with traumatic brain injury and two of whom shall be 13 representative of the public and have a demonstrated expertise and 14 interest in traumatic brain injury; two persons appointed by the tempo- 15 rary president of the senate, one of whom shall be a person with trau- 16 matic brain injury and one of whom shall be representative of the public 17 and have a demonstrated expertise and interest in traumatic brain inju- 18 ry; two persons appointed by the speaker of the assembly, one of whom 19 shall be a person with traumatic brain injury and one of whom shall be 20 representative of the public and have a demonstrated expertise and 21 interest in traumatic brain injury, one person appointed by the minority 22 leader of the senate who shall be a person with traumatic brain injury 23 or be representative of the public and have a demonstrated expertise and 24 interest in traumatic brain injury; and one person appointed by the 25 minority leader of the assembly who shall be a person with traumatic 26 brain injury or be representative of the public and have a demonstrated 27 expertise and interest in traumatic brain injury. Of the five persons 28 appointed by the governor, three shall serve for a term of one year, one 29 shall serve for a term of two years and one shall serve for a term of 30 three years. Of the two persons appointed by the temporary president of 31 the senate, one shall serve for a term of two years and one shall serve 32 for a term of three years. Of the two persons appointed by the speaker 33 of the assembly, one shall serve for a term of two years and one shall 34 serve for a term of three years. The person appointed by the minority 35 leader of the senate and the person appointed by the minority leader of 36 the assembly shall serve for a term of one year. Subsequent appointments 37 for vacancies shall be for a term of three years and shall be filled in 38 the same manner as the original appointment. 39 § 20. Subparagraph (ii) of paragraph (e) of subdivision 2-a of section 40 2807 of the public health law, as amended by section 15 of part C of 41 chapter 58 of the laws of 2009, is amended to read as follows: 42 (ii) Notwithstanding this subdivision and any other contrary provision 43 of law, the commissioner may incorporate within the payment methodology 44 described in subparagraph (i) of this paragraph payment for services 45 provided by facilities pursuant to licensure under the mental hygiene 46 law, provided, however, that such APG payment methodology may be phased 47 into effect in accordance with a schedule or schedules as jointly deter- 48 mined by the commissioner, the commissioner of mental health, the 49 commissioner of alcoholism and substance abuse services, and the commis- 50 sioner of [mental retardation and] the office for people with develop- 51 mental disabilities. 52 § 21. Paragraph (c) of subdivision 1 of section 2807-d of the public 53 health law, as added by section 193 of part A of chapter 389 of the laws 54 of 1997, is amended to read as follows: 55 (c) On and after December first, nineteen hundred ninety-seven, the 56 term "general hospital", as used in this section, includes specialtyS. 5991--A 11 1 hospitals for persons who are developmentally disabled, licensed by the 2 office [of mental retardation and] for people with developmental disa- 3 bilities and which are also issued an operating certificate pursuant to 4 section twenty-eight hundred five of this article. 5 § 22. The opening paragraph of section 2978 of the public health law, 6 as amended by chapter 8 of the laws of 2010, is amended to read as 7 follows: 8 The commissioners of mental health and [mental retardation and] the 9 office for people with developmental disabilities shall establish such 10 regulations as may be necessary for implementation of this article with 11 respect to those persons in mental hygiene facilities. 12 § 23. The opening paragraph of subdivision 1 of section 2979 of the 13 public health law, as amended by chapter 8 of the laws of 2010, is 14 amended to read as follows: 15 The commissioners of mental health and [mental retardation and] the 16 office for people with developmental disabilities shall prepare a state- 17 ment summarizing the rights, duties, and requirements of this article 18 and shall require that a copy of such statement: 19 § 24. Subdivision 10 of section 2980 of the public health law, as 20 amended by chapter 23 of the laws of 1994, is amended to read as 21 follows: 22 10. "Mental hygiene facility" means a residential facility, excluding 23 family care homes, operated or licensed by the office of mental health 24 or the office [of mental retardation and] for people with developmental 25 disabilities. 26 § 25. Subdivision 2 of section 2991 of the public health law, as added 27 by chapter 752 of the laws of 1990, is amended to read as follows: 28 2. Such procedures shall be established in accordance with regulations 29 issued by the commissioners of health, mental health, and [mental retar-30dation and] the office for people with developmental disabilities for 31 facilities subject to their respective regulatory authorities. 32 § 26. Section 2993 of the public health law, as added by chapter 752 33 of the laws of 1990, is amended to read as follows: 34 § 2993. Regulations. The commissioner of health, in consultation with 35 the commissioners of the office of mental health and the office [of36mental retardation and] for people with developmental disabilities, 37 shall establish such regulations as may be necessary for the implementa- 38 tion of this article, subject to the provisions of subdivision two of 39 section two thousand nine hundred ninety-one of this article. 40 § 27. Subdivision 20 of section 2994-a of the public health law, as 41 added by chapter 8 of the laws of 2010, is amended to read as follows: 42 20. "Mental hygiene facility" means a facility operated or licensed by 43 the office of mental health or the office [of mental retardation and] 44 for people with developmental disabilities as defined in subdivision six 45 of section 1.03 of the mental hygiene law. 46 § 28. Paragraph (c) of subdivision 3 of section 2994-b of the public 47 health law, as added by chapter 8 of the laws of 2010, is amended to 48 read as follows: 49 (c) If a health care decision for a patient cannot be made under 50 [paragraphs] paragraph (a) or (b) of this subdivision, but consent for 51 the decision may be provided pursuant to the mental hygiene law or regu- 52 lations of the office of mental health or the office [of mental retarda-53tion and] for people with developmental disabilities, then the decision 54 shall be governed by such statute or regulations and not by this arti- 55 cle.S. 5991--A 12 1 § 29. Subdivision 2 of section 2994-t of the public health law, as 2 added by chapter 8 of the laws of 2010, is amended to read as follows: 3 2. The commissioner, in consultation with the commissioners of the 4 office of mental health and the office [of mental retardation and] for 5 people with developmental disabilities, shall promulgate regulations 6 identifying the credentials of health care professionals qualified to 7 provide an independent determination, pursuant to subdivision three of 8 section twenty-nine hundred ninety-four-c of this article, that a 9 patient lacks decision-making capacity because of mental illness or 10 developmental disability. 11 § 30. Subdivision 12 of section 2994-aa of the public health law, as 12 added by chapter 8 of the laws of 2010, is amended to read as follows: 13 12. "Mental hygiene facility" means a residential facility operated or 14 licensed by the office of mental health or the office [of mental retar-15dation and] for people with developmental disabilities. 16 § 31. Subdivision 4 of section 3 of the public lands law, as amended 17 by chapter 785 of the laws of 1982, is amended to read as follows: 18 4. Notwithstanding any other provision of this chapter or other stat- 19 ute, the commissioner of general services, upon the application of any 20 state department, or a division, bureau or agency thereof, or upon the 21 application of any state agency, may transfer to such state department, 22 division, bureau, or agency, or state agency, the jurisdiction over any 23 lands, including lands under water, abandoned canal lands and salt 24 springs reservation land, upon such terms and conditions as the commis- 25 sioner may deem just and proper and upon the consent of the department, 26 or a division, bureau or agency thereof, or any state agency, already 27 having jurisdiction over such lands and notwithstanding any other 28 provision of this chapter or other statute, authority to give such 29 consent is hereby conferred upon the head of any such state department, 30 or a division, bureau or agency thereof, or any state agency; provided, 31 however, that if the commissioner of general services determines that 32 any such land under the jurisdiction of any state department, or a divi- 33 sion, bureau or agency thereof, or any state agency other than a public 34 authority or public benefit corporation is under utilized or is not 35 being utilized in a manner consistent with the best interests of the 36 state, such commissioner may on his own initiative, and without the 37 application or consent referred to above but subject to the procedure 38 and review provided in section two-a of this article, transfer the 39 jurisdiction over such land to any other state department, or a divi- 40 sion, bureau or agency thereof, or any other state agency other than a 41 public authority or public benefit corporation. Should such land be 42 under the jurisdiction of the office of mental health or the office [of43mental retardation and] for people with developmental disabilities upon 44 which a community residential facility for the disabled as defined in 45 section 41.34 of the mental hygiene law exists, the commissioner of 46 general services shall, prior to transferring the jurisdiction over such 47 land to any other state department, or a division, bureau or agency 48 thereof, or any other state agency other than a public authority or 49 public benefit corporation offer such land for sale at public auction 50 pursuant to section thirty-three of this chapter; provided, however, 51 that the provisions of section four hundred six of the eminent domain 52 procedure law shall apply to such property. 53 § 32. Subdivisions 3 and 4 of section 30-a of the public lands law, as 54 added by chapter 785 of the laws of 1982, are amended to read as 55 follows:S. 5991--A 13 1 3. Upon the filing of a declaration of abandonment by the commissioner 2 of the office of mental health or by the commissioner of the office [of3mental retardation and] for people with developmental disabilities of 4 state-owned lands upon which a community residential facility for the 5 disabled as defined in section 41.34 of the mental hygiene law exists, 6 and with an approval thereof by the commissioner of general services, 7 such lands shall become unappropriated state lands; and prior to being 8 transferred to the jurisdiction of another state agency shall be offered 9 for sale at public auction pursuant to section thirty-three of this 10 article; provided, however, that the provisions of section four hundred 11 six of the eminent domain procedure law shall apply to such property. 12 4. Should state-owned real property under the jurisdiction of the 13 office of mental health or the office [of mental retardation and] for 14 people with developmental disabilities and upon which a community resi- 15 dential facility for the disabled as defined in section 41.34 of the 16 mental hygiene law exists, be declared abandoned by the commissioner of 17 general services pursuant to subdivision two of this section, such real 18 property shall become unappropriated state lands; and prior to being 19 transferred to the jurisdiction of another state agency, shall be 20 offered for sale at public auction pursuant to section thirty-three of 21 this article; provided, however, that the provisions of section four 22 hundred six of the eminent domain procedure law shall apply to such 23 property. 24 § 33. Subdivision 23 of section 305 of the education law, as added by 25 chapter 515 of the laws of 1992, is amended to read as follows: 26 23. The commissioner shall have primary responsibility for the devel- 27 opment and implementation of integrated employment opportunities includ- 28 ing short-term and intensive supported employment services and, as 29 appropriate, long-term extended support services and shall coordinate 30 with the commissioner of social services, the commissioner of the office 31 of mental health and the commissioner of the office [of mental retarda-32tion and] for people with developmental disabilities under an integrated 33 employment implementation plan, pursuant to article twenty-one of this 34 chapter. 35 § 34. Subparagraph (i) of paragraph (j) of subdivision 1 of section 36 414 of the education law, as added by chapter 513 of the laws of 2005, 37 is amended to read as follows: 38 (i) For the purposes of this subdivision, the term "licensed school- 39 based health, dental or mental health clinic" means a clinic that is 40 located in a school facility of a school district or board of cooper- 41 ative educational services, is operated by an entity other than the 42 school district or board of cooperative educational services and will 43 provide health, dental or mental health services during school hours 44 and/or non-school hours to school-age and preschool children, and that 45 is: (1) a health clinic approved under the provisions of chapter one 46 hundred ninety-eight of the laws of nineteen hundred seventy-eight; or 47 (2) another school-based health or dental clinic licensed by the depart- 48 ment of health pursuant to article twenty-eight of the public health 49 law; or (3) a school-based mental health clinic licensed or approved by 50 the office of mental health pursuant to article thirty-one of the mental 51 hygiene law; or (4) a school-based mental health clinic licensed by the 52 office [of mental retardation and] for people with developmental disa- 53 bilities pursuant to article sixteen of the mental hygiene law. 54 § 35. Paragraphs a and c of subdivision 2 and the closing paragraph of 55 subdivision 3 of section 1004-b of the education law, as added by chap- 56 ter 515 of the laws of 1992, are amended to read as follows:S. 5991--A 14 1 a. The commissioner, in consultation with and with the agreement of 2 the commissioners of mental health, [mental retardation and] the office 3 for people with developmental disabilities and social services shall 4 develop a state interagency plan for the implementation of integrated 5 employment opportunities for individuals with severe disabilities, 6 including supported employment. Such plan shall be designed so as to 7 ensure that the state's integrated employment efforts, including the 8 supported employment program, are planned, developed and implemented 9 comprehensively, with roles and responsibilities of the respective agen- 10 cies well-defined. Such plan shall reflect the department's primary 11 responsibility for the development of integrated employment opportu- 12 nities for individuals with severe disabilities, including short-term 13 and intensive supported employment services, as well as appropriate 14 responsibilities for long term extended support services. Such plan 15 shall specify the role and responsibilities of each such agency in 16 assuring that: 17 c. The commissioner, in consultation with the commissioners of the 18 office of mental health, the office [of mental retardation and] for 19 people with developmental disabilities and the department of social 20 services, shall develop an audit protocol to verify the actual costs of 21 providing such programs. 22 The commissioners of the office of mental health, the office [of23mental retardation and] for people with developmental disabilities, and 24 the department of social services shall provide any information required 25 to assist the commissioner in making such report. 26 § 36. Paragraph c and subparagraphs 1, 2 and 13 of paragraph d of 27 subdivision 5 of section 3202 of the education law, paragraph c as added 28 by chapter 66 of the laws of 1978, subparagraph 2 of paragraph c as 29 amended by section 26 of part B of chapter 57 of the laws of 2007, 30 subparagraphs 1 and 2 as amended by chapter 260 of the laws of 1993 and 31 subparagraph 13 as amended by chapter 273 of the laws of 1986 and renum- 32 bered by chapter 57 of the laws of 1993, are amended to read as follows: 33 c. (1) The education department is authorized to reimburse each school 34 district furnishing educational services to children residing in schools 35 for the mentally retarded operated by the office [of mental retardation36and] for people with developmental disabilities for the direct cost of 37 such services in accordance with regulations promulgated by the commis- 38 sioner and approved by the director of the budget. 39 (2) The school district in which each such child resided at the time 40 the office [of mental retardation and] for people with developmental 41 disabilities assumed responsibility for the support and maintenance of 42 such child shall reimburse the education department for its expenditures 43 on behalf of such child, in an amount equal to the school district basic 44 contribution as such term is defined in subdivision eight of section 45 forty-four hundred one of this chapter, for any such child admitted to a 46 state school for the retarded on or after July first, nineteen hundred 47 seventy-eight. The comptroller may deduct from any state funds which 48 become due to a school district an amount equal to the reimbursement 49 required to be made by such school district in accordance with this 50 paragraph and the amount so deducted shall not be included in the 51 approved operating expense of such district for the purpose of computing 52 the approved operating expenses pursuant to paragraph t of subdivision 53 one of section thirty-six hundred two of this chapter. 54 (1) Children who reside in an intermediate care facility for the 55 mentally retarded, other than a state operated school for the mentally 56 retarded, as defined in regulations of the office [of mental retardationS. 5991--A 15 1and] for people with developmental disabilities, shall be admitted to 2 the public schools, except as otherwise provided in subparagraph four- 3 teen of this paragraph. The trustees or board of education of the 4 school district in which such facility is located shall receive such 5 children in the school or schools of the district for instruction and 6 for the provision of necessary related services for a compensation to be 7 fixed by the trustees or board of education, unless such trustees or 8 board of education shall establish to the satisfaction of the commis- 9 sioner of education that there are valid and sufficient reasons for 10 refusal to receive such children. Evaluation of the educational needs 11 of such children and placement in appropriate educational programs shall 12 be made in accordance with article eighty-nine of this chapter. 13 (2) A child who resides in an individualized residential alternative 14 as defined in regulations of the office [of mental retardation and] for 15 people with developmental disabilities which is located in a school 16 district other than the school district in which such child's parent or 17 person in parental relation resided at the time such child was placed in 18 an institution under the auspices of such office shall be deemed to 19 reside in an intermediate care facility for purposes of this subdivision 20 to the extent such child is enrolled in a home and community based waiv- 21 er program approved by the Health Care Financing Administration. 22 (13) The school district providing educational services to children 23 placed pursuant to this paragraph shall provide a report on the status 24 of each such child with a handicapping condition annually to the commit- 25 tee on special education of the school district in which the child 26 resided at the time of admission to the intermediate care facility for 27 the mentally retarded. Such report shall also be sent to the parent or 28 guardian of the child and the office [of mental retardation and] for 29 people with developmental disabilities. 30 § 37. The opening paragraph of clause (c) of subparagraph 4 of para- 31 graph b of subdivision 1 of section 4402 of the education law, as 32 amended by chapter 378 of the laws of 2007, is amended to read as 33 follows: 34 The committee on special education, with the consent of the parent or 35 person in parental relation or the student, if he or she is over the age 36 of eighteen, shall request in writing a designee of the appropriate 37 county or state agency to participate, in accordance with guidelines 38 established by the department, in any proceeding of the committee where 39 a child is at risk of residential placement. The committee shall forward 40 a copy of any such request to the office [of mental retardation and] for 41 people with developmental disabilities and the office of mental health. 42 A designee or designees of the agency may participate in any such 43 proceeding for the purpose of making recommendations concerning the 44 appropriateness of residential placement and other programs and place- 45 ment alternatives, including, but not limited to, community support 46 services that may be available to the family. Such designee or designees 47 shall not be considered members of the committee. Such designee or 48 designees shall include, but not be limited to, representatives of any 49 agency receiving coordinated children's services initiative funding as 50 referenced in the aid to localities budget, of a local interagency coor- 51 dinating body, of the social services district, the local mental health 52 agency, or health department, or of the developmental disabilities 53 service office, as appropriate. The name of such designee or designees, 54 if any, shall be made available to each committee on special education 55 in the county. In addition, with the consent of the parent or other 56 person in parental relation, the committee may confer with other appro-S. 5991--A 16 1 priate providers of services to identify any services that may be of 2 benefit to the family based on the family's identification of or the 3 committee's observation of family services needs. As used in this chap- 4 ter, the term "county" means county as defined in section four thousand 5 one of this [article] title, and the term "appropriate agency" means one 6 of the following agencies: 7 § 38. The opening paragraph of clause (c) of subparagraph 4 of para- 8 graph b of subdivision 1 of section 4402 of the education law, as 9 amended by chapter 600 of the laws of 1994, is amended to read as 10 follows: 11 The committee on special education shall request in writing a designee 12 of the appropriate county or state agency to participate, in accordance 13 with guidelines established by the department, in any proceeding of the 14 committee where a child is at risk of residential placement. The commit- 15 tee shall forward a copy of any such request to the office [of mental16retardation and] for people with developmental disabilities and the 17 office of mental health. A designee or designees of the agency may 18 participate in any such proceeding for the purpose of making recommenda- 19 tions concerning the appropriateness of residential placement and other 20 programs and placement alternatives, including, but not limited to, 21 community support services that may be available to the family. Such 22 designee or designees shall not be considered members of the committee. 23 Such designee or designees shall include, but not be limited to, repre- 24 sentatives of any agency receiving coordinated children's services 25 initiative funding as referenced in the aid to localities budget, of a 26 local interagency coordinating body, of the social services district, 27 the local mental health agency, or health department, or of the develop- 28 mental disabilities service office, as appropriate. The name of such 29 designee or designees, if any, shall be made available to each committee 30 on special education in the county. In addition, with the consent of the 31 parent or other person in parental relationship, the committee may 32 confer with other appropriate providers of services to identify any 33 services that may be of benefit to the family based on the family's 34 identification of or the committee's observation of family services 35 needs. As used in this chapter, the term "county" means county as 36 defined in section four thousand one of this [article] title, and the 37 term "appropriate agency" means one of the following agencies: 38 § 39. Paragraph b of subdivision 4 of section 6503-a of the education 39 law, as added by chapter 130 of the laws of 2010, is amended to read as 40 follows: 41 b. any entity operated by a New York state or federal agency, poli- 42 tical subdivision, municipal corporation, or local government agency or 43 unit pursuant to authority granted by law, including but not limited to 44 any entity operated by the office of mental health, the office [of45mental retardation and] for people with developmental disabilities, or 46 the office of alcoholism and substance abuse services under articles 47 seven, thirteen, and nineteen of the mental hygiene law, respectively. 48 § 40. Paragraph a of subdivision 3 of section 6507 of the education 49 law, as amended by chapter 554 of the laws of 2013, is amended to read 50 as follows: 51 a. Establish standards for preprofessional and professional education, 52 experience and licensing examinations as required to implement the arti- 53 cle for each profession. Notwithstanding any other provision of law, the 54 commissioner shall establish standards requiring that all persons apply- 55 ing, on or after January first, nineteen hundred ninety-one, initially, 56 or for the renewal of, a license, registration or limited permit to be aS. 5991--A 17 1 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 2 trist, psychiatrist, psychologist, licensed master social worker, 3 licensed clinical social worker, licensed creative arts therapist, 4 licensed marriage and family therapist, licensed mental health counse- 5 lor, licensed psychoanalyst, dental hygienist, licensed behavior 6 analyst, or certified behavior analyst assistant shall, in addition to 7 all the other licensure, certification or permit requirements, have 8 completed two hours of coursework or training regarding the identifica- 9 tion and reporting of child abuse and maltreatment. The coursework or 10 training shall be obtained from an institution or provider which has 11 been approved by the department to provide such coursework or training. 12 The coursework or training shall include information regarding the phys- 13 ical and behavioral indicators of child abuse and maltreatment and the 14 statutory reporting requirements set out in sections four hundred thir- 15 teen through four hundred twenty of the social services law, including 16 but not limited to, when and how a report must be made, what other 17 actions the reporter is mandated or authorized to take, the legal 18 protections afforded reporters, and the consequences for failing to 19 report. Such coursework or training may also include information regard- 20 ing the physical and behavioral indicators of the abuse of individuals 21 with mental retardation and other developmental disabilities and volun- 22 tary reporting of abused or neglected adults to the office [of mental23retardation and] for people with developmental disabilities or the local 24 adult protective services unit. Each applicant shall provide the depart- 25 ment with documentation showing that he or she has completed the 26 required training. The department shall provide an exemption from the 27 child abuse and maltreatment training requirements to any applicant who 28 requests such an exemption and who shows, to the department's satisfac- 29 tion, that there would be no need because of the nature of his or her 30 practice for him or her to complete such training; 31 § 41. Subdivision b of section 6738 of the education law, as amended 32 by chapter 532 of the laws of 1999, is amended to read as follows: 33 b. Notwithstanding the provisions of subdivision a of this section, 34 supervision of a physical therapist assistant by a licensed physical 35 therapist, (i) in a residential health care facility, as defined in 36 article twenty-eight of the public health law, (ii) in a diagnostic and 37 treatment center licensed under article twenty-eight of the public 38 health law that provides, as its principal mission, services to individ- 39 uals with developmental disabilities, (iii) in a facility, as defined in 40 section 1.03 of the mental hygiene law, or (iv) under a monitored 41 program of the office [of mental retardation and] for people with devel- 42 opmental disabilities as defined in subdivision (a) of section 13.15 of 43 the mental hygiene law, shall be continuous but not necessarily on site 44 when the supervising physical therapist has determined, through evalu- 45 ation, the setting of goals and the establishment of a treatment plan, 46 that the program is one of maintenance as defined pursuant to title 47 XVIII of the federal social security act. The provisions of this subdi- 48 vision shall not apply to the provision of physical therapy services 49 when the condition requires multiple adjustments of sequences and proce- 50 dures due to rapidly changing physiological status and/or response to 51 treatment, or to children under five years of age. 52 § 42. Paragraph 1 of subdivision a of section 89-t of the retirement 53 and social security law, as added by chapter 657 of the laws of 1998, is 54 amended to read as follows: 55 1. "Qualifying member" shall mean any member who is in service as a 56 safety officer under the jurisdiction of the office of mental health orS. 5991--A 18 1 the office [of mental retardation and] for people with developmental 2 disabilities, an institutional safety officer, or a special policeman 3 designated by the director of a state hospital. 4 § 43. Subdivision (e) of section 17 of the social services law, as 5 added by chapter 515 of the laws of 1992, is amended to read as follows: 6 (e) work cooperatively with the commissioner of the office of mental 7 health and the commissioner of the office [of mental retardation and] 8 for people with developmental disabilities to assist the commissioner of 9 education in furnishing integrated employment services to individuals 10 with severe disabilities, including the development of an integrated 11 employment implementation plan pursuant to article twenty-one of the 12 education law; 13 § 44. Paragraph (h) of subdivision 3 of section 34 of the social 14 services law, as added by chapter 600 of the laws of 1994, is amended to 15 read as follows: 16 (h) in consultation with the department of education, the department 17 of health, the division for youth, the office [of mental retardation18and] for people with developmental disabilities and the office of mental 19 health, establish guidelines for the acceptance by social services offi- 20 cials of notices that children in foster care are at risk of educational 21 placements, as provided for in subparagraph four of paragraph b of 22 subdivision one of section forty-four hundred two of the education law. 23 Such guidelines shall be designed to assure that the social services 24 district receiving such a notice inquire into the educational needs of 25 the child and the circumstances of the foster care placement, and to 26 assure that the social services district responds as appropriate to any 27 request by a committee on special education to participate in the 28 proceedings of the committee; 29 § 45. The opening paragraph of paragraph (c) of subdivision 1 of 30 section 122 of the social services law, as amended by chapter 214 of the 31 laws of 1998, is amended to read as follows: 32 The following persons, not described in paragraph (a) or (b) of this 33 subdivision, shall, if otherwise eligible, be eligible for safety net 34 assistance and medical assistance, except that medical assistance shall 35 be limited to care and services (not including care and services related 36 to an organ transplant procedure) necessary for the treatment of an 37 emergency medical condition as that term is defined in section 1903 of 38 the federal social security act unless and until federal financial 39 participation is available for the costs of providing medical assistance 40 provided, however, that any such person who, on the fourth day of 41 August, nineteen hundred ninety-seven was residing in a residential 42 health care facility licensed by the department of health or in a resi- 43 dential facility licensed, operated or funded by the office of mental 44 health or the office [of mental retardation and] for people with devel- 45 opmental disabilities, and was in receipt of a medical assistance 46 authorization based on a finding that he or she was a person permanently 47 residing in the United States under color of law shall, if otherwise 48 eligible, be eligible for medical assistance and provided, further, that 49 any such person who, on the fourth day of August, nineteen hundred nine- 50 ty-seven, was diagnosed as having AIDS, as defined in subdivision one of 51 section two thousand seven hundred eighty of the public health law, and 52 was in receipt of medical assistance authorization pursuant to title 53 eleven of article five of this chapter based on a finding that he or she 54 was a person permanently residing in the United States under color of 55 law shall, if otherwise eligible, be eligible for medical assistance:S. 5991--A 19 1 § 46. Subdivision 1 of section 138-a of the social services law, as 2 amended by chapter 791 of the laws of 1983, is amended to read as 3 follows: 4 1. Any inconsistent provision of this chapter or other law notwith- 5 standing, the department shall be responsible for furnishing public 6 assistance and care to mentally disabled persons residing in family care 7 homes licensed by the office of mental health or the office [of mental8retardation and] for people with developmental disabilities who are 9 admitted to such facilities in accordance with regulations of the office 10 which licenses the facility. However, the department may, at its option, 11 discharge such responsibility, in whole or in part, through social 12 services districts designated to act as agents of the department. While 13 so designated, a social services district shall act as agent of the 14 department and shall be entitled to reimbursement as provided in section 15 one hundred fifty-three of this chapter. 16 § 47. Subdivision 2-a and paragraph (e) of subdivision 3 of section 17 209 of the social services law, subdivision 2-a as amended by chapter 18 450 of the laws of 1987 and paragraph (e) of subdivision 3 as amended by 19 section 48 of part C of chapter 58 of the laws of 2005, are amended to 20 read as follows: 21 2-a. Notwithstanding any inconsistent provision of subparagraph (ii) 22 of paragraph (d) of subdivision one of this section, an individual who 23 is receiving or is eligible to receive federal supplemental security 24 income payments and/or additional state payments and who is a resident 25 of a residential health care facility as defined by section twenty-eight 26 hundred one of the public health law, shall, in accordance with regu- 27 lations of the department, be entitled to a state payment for personal 28 needs in the amount of fifteen dollars a month, provided, however, that 29 on or after January first, nineteen hundred eighty-eight the state 30 payment for personal needs for such persons shall be in the amount of 31 twenty-five dollars a month. Notwithstanding any inconsistent provision 32 of subparagraph (ii) of paragraph (d) of subdivision one of this 33 section, on or after January first, nineteen hundred eighty-eight, a 34 resident of an intermediate care facility operated or issued an operat- 35 ing certificate by the office [of mental retardation and] for people 36 with developmental disabilities or a patient of a hospital operated by 37 the office of mental health as defined in subdivision ten of section 38 1.03 of the mental hygiene law who is receiving or is eligible to 39 receive supplemental security income payments and/or additional state 40 payments shall receive a state payment for personal needs in the amount 41 of five dollars a month. The department is authorized to promulgate 42 necessary regulations to provide for the time and manner for payment of 43 such personal allowance to such individuals. 44 (e) "Receiving enhanced residential care" shall mean residing in a 45 privately operated school for the mentally retarded and developmentally 46 disabled which is certified by the office [of mental retardation and] 47 for people with developmental disabilities of the department of mental 48 hygiene, in accordance with applicable provisions of law and regulations 49 or an adult home, or enriched housing program certified by the depart- 50 ment of health in accordance with applicable law, rules and regulations 51 to the extent permitted by federal law and regulations. 52 § 48. Paragraph (l) of subdivision 1 of section 364-j of the social 53 services law, as amended by chapter 649 of the laws of 1996, is amended 54 to read as follows: 55 (l) "Responsible special care agency". Whichever of the following 56 state agencies has responsibility for the special care in question: theS. 5991--A 20 1 department of health, the office of mental health, the office [of mental2retardation and] for people with developmental disabilities, or the 3 office of alcoholism and substance abuse services. 4 § 49. Paragraph (a) of subdivision 9 of section 365-a of the social 5 services law, as added by section 14 of part B of chapter 109 of the 6 laws of 2010, is amended to read as follows: 7 (a) Notwithstanding any inconsistent provision of law, any utilization 8 controls on occupational therapy or physical therapy, including but not 9 limited to, prior approval of services, utilization thresholds or other 10 limitations imposed on such therapy services in relation to a chronic 11 condition in clinics certified under article twenty-eight of the public 12 health law or article sixteen of the mental hygiene law shall be: (i) 13 developed by the department of health in concurrence with the office [of14mental retardation and] for people with developmental disabilities; and 15 (ii) in accord with nationally recognized professional standards. In the 16 event that nationally recognized professional standards do not exist, 17 such thresholds shall be based upon the reasonably recognized profes- 18 sional standards of those with a specific expertise in treating individ- 19 uals served by clinics certified under article twenty-eight of the 20 public health law or article sixteen of the mental hygiene law. 21 § 50. Clauses (i) and (ii) of subparagraph 10 of paragraph (a) of 22 subdivision 2, clause (ix) of paragraph b and paragraphs d, e, f, g, i, 23 k, l and m of subdivision 7 of section 366 of the social services law, 24 clause (i) of subparagraph 10 of paragraph (a), as added by chapter 705 25 of the laws of 1988, clause (ii) of subparagraph 10 of paragraph (a), as 26 amended by chapter 855 of the laws of 1990, clause (ix) of paragraph b 27 and paragraphs d, e, f, g, i, k, l and m of subdivision 7 as amended by 28 chapter 324 of the laws of 2004, are amended to read as follows: 29 (i) A person who is receiving or is eligible to receive federal 30 supplemental security income payments and/or additional state payments 31 is entitled to a personal needs allowance as follows: 32 (A) for the personal expenses of a resident of a residential health 33 care facility, as defined by section twenty-eight hundred one of the 34 public health law, the amount of fifty-five dollars per month; 35 (B) for the personal expenses of a resident of an intermediate care 36 facility operated or licensed by the office [of mental retardation and] 37 for people with developmental disabilities or a patient of a hospital 38 operated by the office of mental health, as defined by subdivision ten 39 of section 1.03 of the mental hygiene law, the amount of thirty-five 40 dollars per month. 41 (ii) A person who neither receives nor is eligible to receive federal 42 supplemental security income payments and/or additional state payments 43 is entitled to a personal needs allowance as follows: 44 (A) for the personal expenses of a resident of a residential health 45 care facility, as defined by section twenty-eight hundred one of the 46 public health law, the amount of fifty dollars per month; 47 (B) for the personal expenses of a resident of an intermediate care 48 facility operated or licensed by the office [of mental retardation and] 49 for people with developmental disabilities or a patient of a hospital 50 operated by the office of mental health, as defined by subdivision ten 51 of section 1.03 of the mental hygiene law, the amount of thirty-five 52 dollars per month. 53 (ix) meet such other criteria as may be established by the commission- 54 er of health, in conjunction with the commissioner of [mental retarda-55tion and] the office for people with developmental disabilities, as may 56 be necessary to administer the provisions of this subdivision in anS. 5991--A 21 1 equitable manner, including those criteria established pursuant to para- 2 graph d of this subdivision. 3 d. The commissioner of health, in conjunction with the commissioner of 4 [mental retardation and] the office for people with developmental disa- 5 bilities, shall establish selection criteria to ensure that participants 6 are those who are most in need and reflect an equitable geographic 7 distribution. Such selection criteria shall include, but not be limited 8 to, the imminent risk of institutionalization, the financial burden 9 imposed upon the family as a result of the child's health care needs, 10 and the level of stress within the family unit due to the unrelieved 11 burden of caring for the child at home. 12 e. Social services districts, in consultation with the office [of13mental retardation and] for people with developmental disabilities, 14 shall assess the eligibility of persons in accordance with the 15 provisions of paragraph b of this subdivision, as well as the selection 16 criteria established by the commissioner of health and the commissioner 17 of [mental retardation and] the office for people with developmental 18 disabilities as required by paragraph d of this subdivision. 19 f. The commissioner of health, in conjunction with the commissioner of 20 [mental retardation and] the office for people with developmental disa- 21 bilities, shall designate persons to assess the eligibility of persons 22 under consideration for participation in the waiver program. Persons 23 designated by such commissioners may include the person's physician, a 24 representative of the social services district, representative of the 25 appropriate developmental disabilities services office and such other 26 persons as the commissioners deem appropriate. The assessment shall 27 include, but need not be limited to, an evaluation of the health, 28 psycho-social, developmental, habilitation and environmental needs of 29 the person and shall serve as the basis for the development and 30 provision of an appropriate plan of care for such person. 31 g. Prior to a person's participation in the waiver program, the office 32 [of mental retardation and] for people with developmental disabilities 33 shall undertake or arrange for the development of a written plan of care 34 for the provision of services consistent with the level of care deter- 35 mined by the assessment, in accordance with criteria established by the 36 commissioner of health, in consultation with the commissioner of [mental37retardation and] the office for people with developmental disabilities. 38 Such plan of care shall be reviewed by such commissioners prior to the 39 provision of services pursuant to the waiver program. 40 i. The office [of mental retardation and] for people with develop- 41 mental disabilities shall designate who may provide the home and commu- 42 nity-based services identified in paragraph h of this subdivision, 43 subject to the approval of the commissioner of health. 44 k. Before a person may participate in the waiver program specified in 45 paragraph a of this subdivision, the office [of mental retardation and] 46 for people with developmental disabilities shall determine that there is 47 a reasonable expectation that the annual medical assistance expenditures 48 for such person under the waiver would not exceed the expenditures for 49 care in an intermediate care facility for the developmentally disabled 50 that would have been made had the waiver not been granted. 51 l. The commissioner of health, in conjunction with the commissioner of 52 [mental retardation and] the office for people with developmental disa- 53 bilities, shall review the plans of care and expenditure estimates prior 54 to the participation of any person in the waiver program. 55 m. Within one year of federal waiver approval, and on an annual basis 56 thereafter, until such time as the waiver program is fully implemented,S. 5991--A 22 1 the commissioner of health, in conjunction with the commissioner of 2 [mental retardation and] the office for people with developmental disa- 3 bilities, shall report on the status of the waiver program to the gover- 4 nor and the legislature. Such report shall specify the number of chil- 5 dren participating in the waiver program, the geographic distribution of 6 those so participating, health profiles, service costs and length of 7 time the children have participated in the waiver program. The report 8 shall also provide follow-up information on children who have withdrawn 9 from the waiver program, including data on residential program place- 10 ments. 11 § 51. The closing paragraph of subdivision 4 of section 366-c of the 12 social services law, as amended by section 42 of part D of chapter 58 of 13 the laws of 2009, is amended to read as follows: 14 provided, however, that, to the extent required by federal law, the 15 terms of this subdivision shall not apply to persons who are receiving 16 care, services and supplies pursuant to the following waivers under 17 section 1915(c) of the federal social security act: the nursing facility 18 transition and diversion waiver authorized pursuant to subdivision six-a 19 of section three hundred sixty-six of this title; the traumatic brain 20 injury waiver authorized pursuant to section twenty-seven hundred forty 21 of the public health law, the long term home health care program waiver 22 authorized pursuant to section three hundred sixty-seven-c of this 23 title, and the home and community based services waiver for persons with 24 developmental disabilities administered by the office [of mental retar-25dation and] for people with developmental disabilities pursuant to an 26 agreement with the federal centers for medicare and Medicaid services. 27 § 52. Subparagraph (iii) of paragraph (b) of subdivision 6 of section 28 367-a of the social services law, as amended by section 15 of part B of 29 chapter 57 of the laws of 2015, is amended to read as follows: 30 (iii) individuals who are inpatients in a medical facility who have 31 been required to spend all of their income for medical care, except 32 their personal needs allowance or residents of community based residen- 33 tial facilities licensed by the office of mental health or the office 34 [of mental retardation and] for people with developmental disabilities 35 who have been required to spend all of their income, except their 36 personal needs allowance; 37 § 53. Paragraph (h) of subdivision 1 of section 368-a of the social 38 services law, as amended by section 22 of part H of chapter 686 of the 39 laws of 2003, is amended to read as follows: 40 (h) (i) Beginning January first, nineteen hundred eighty-four, one 41 hundred per centum of the amount expended for medical assistance for 42 those individuals who are eligible pursuant to section three hundred 43 sixty-six of this article as a result of a mental disability as deter- 44 mined by the commissioner in consultation with the commissioner of the 45 office of mental health and the commissioner of the office [of mental46retardation and] for people with developmental disabilities and with the 47 approval of the director of the budget after first deducting therefrom 48 any federal funds properly received or to be received on account there- 49 of. 50 (ii) Notwithstanding any other provision of law to the contrary, on 51 and after the effective date of this subparagraph, the department of 52 health shall make no further recovery or recoupment of monies that were 53 advanced to local social services districts, during the period from 54 April first, nineteen hundred ninety-two to the effective date of this 55 subparagraph, to cover the medical assistance costs pursuant to this 56 paragraph for rehabilitative services for residents of community resi-S. 5991--A 23 1 dences licensed or operated by the office of mental health or for office 2 [of mental retardation and] for people with developmental disabilities 3 home and community based waiver services. 4 § 54. Subclause 2 of clause (c) of subparagraph (ii) of paragraph (a) 5 of subdivision 1 of section 390 of the social services law, as added by 6 chapter 750 of the laws of 1990, is amended to read as follows: 7 (2) providing day treatment under an operating certificate issued by 8 the office of mental health or office [of mental retardation and] for 9 people with developmental disabilities; or 10 § 55. Paragraph (c) of subdivision 13 and subdivision 14 of section 11 398 of the social services law, paragraph (c) of subdivision 13 as added 12 by chapter 544 of the laws of 1982, subdivision 14 as added by chapter 13 570 of the laws of 1983, paragraph (a) as amended by chapter 387 of the 14 laws of 1999 and such subdivisions as renumbered by chapter 419 of the 15 laws of 1987, are amended to read as follows: 16 (c) When a child's report is submitted to the council on children and 17 families pursuant to this subdivision, the council shall cooperate with 18 adult service providers, such as the department of social services, the 19 office [of mental retardation] for people with and developmental disa- 20 bilities, the office of mental health and the office of vocational reha- 21 bilitation of the education department in planning and coordinating such 22 child's return to New York state for adult services. The council shall 23 arrange with the appropriate state agency for the development of a 24 recommendation of all appropriate in-state programs operated, licensed, 25 certified or authorized by such agency and which may be available when 26 such child attains the age of twenty-one. Such recommendation of all 27 programs shall be made available to the parent or guardian of such child 28 at least six months before such child attains the age of twenty-one. All 29 records, reports and information received, compiled or maintained by the 30 council pursuant to this subdivision shall be subject to the confiden- 31 tiality requirements of the department. 32 14. (a) In the case of a child who is developmentally disabled as 33 such term is defined in section 1.03 of the mental hygiene law, 34 emotionally disturbed or physically handicapped and who is receiving 35 care in a group home, agency boarding home, or any child care facility 36 operated by an authorized agency with a capacity of thirteen or more 37 children, who attains the age of eighteen and who will continue in such 38 care after the age of eighteen, or who is placed in such care after the 39 age of eighteen, the social services official shall notify the parent or 40 guardian of such child that such care will terminate when such child 41 attains the age of twenty-one provided, however, that any such child in 42 receipt of educational services and under the care and custody of a 43 local department of social services who reaches the age of twenty-one 44 during the period commencing on the first day of September and ending on 45 the thirtieth day of June shall be entitled to continue in such program 46 until the thirtieth day of June or until the termination of the school 47 year, whichever shall first occur. Such notice shall be in writing and 48 shall describe in detail the parent's or guardian's opportunity to 49 consent to having such child's name and other information forwarded in a 50 report to the commissioner of mental health, commissioner of [mental51retardation and] the office for people with developmental disabilities, 52 commissioner of education or commissioner of the office of children and 53 family services or their designees for the purpose of determining wheth- 54 er such child will likely need services after the age of twenty-one and, 55 if so, recommending possible adult services.S. 5991--A 24 1 (b) Upon the written consent of the parent or guardian, and notwith- 2 standing section three hundred seventy-two of this article, the social 3 services official shall submit a report on such child's possible need 4 for services after age twenty-one to the commissioner of mental health, 5 commissioner of [mental retardation and] the office for people with 6 developmental disabilities, commissioner of social services or commis- 7 sioner of education or their designees for the development of a recom- 8 mendation pursuant to section 7.37 or 13.37 of the mental hygiene law, 9 section three hundred ninety-eight-c of this [article] title or subdivi- 10 sion ten of section four thousand four hundred three of the education 11 law. The social services official shall determine which commissioner 12 shall receive the report by considering the child's handicapping condi- 13 tion. If the social services official determines that the child will 14 need adult services from the department and such social services offi- 15 cial is the commissioner's designee pursuant to this subdivision and 16 section three hundred ninety-eight-c of this [article] title, such 17 social services official shall perform the services described in section 18 three hundred ninety-eight-c of this [article] title. 19 (c) A copy of such report shall also be submitted to the department at 20 the same time that such report is submitted to the commissioner of 21 mental health, commissioner of [mental retardation and] the office for 22 people with developmental disabilities or commissioner of education or 23 their designees. 24 (d) When the social services official is notified by the commissioner 25 who received the report that such state agency is not responsible for 26 determining and recommending adult services for the child, the social 27 services official shall forward the report to another commissioner; or, 28 if the social services official determines that there exists a dispute 29 between state agencies as to which state agency has the responsibility 30 for determining and recommending adult services, the social services 31 official may forward the report to the council on children and families 32 for a resolution of such dispute. 33 (e) The social services official shall prepare and submit an annual 34 report to the department on October first, nineteen hundred eighty-four 35 and thereafter on or before October first of each year. Such annual 36 report shall contain the number of cases submitted to each commissioner 37 pursuant to paragraph (b) of this subdivision, the type and severity of 38 the handicapping condition of each such case, the number of notices 39 received which deny responsibility for determining and recommending 40 adult services, and other information necessary for the department and 41 the council on children and families to monitor the need for adult 42 services, but shall not contain personally identifying information. The 43 department shall forward copies of such annual reports to the council on 44 children and families. All information received by the council on chil- 45 dren and families pursuant to this paragraph shall be subject to the 46 confidentiality requirements of the department. 47 § 56. Subdivision 1 of section 463 of the social services law, as 48 amended by chapter 465 of the laws of 1992, is amended to read as 49 follows: 50 1. "Community residential facility" means any facility operated or 51 subject to licensure by the state which provides a supervised residence 52 for mentally, emotionally, physically, or socially disabled persons or 53 for persons in need of supervision or juvenile delinquents. This term 54 includes, but is not limited to, community residences for the mentally 55 disabled operated or licensed by the offices of mental health or [mental56retardation and] office for people with developmental disabilities or byS. 5991--A 25 1 the divisions of the office of alcoholism and substance abuse, agency 2 operated boarding homes, group homes or private proprietary homes for 3 adults operated or licensed by the department of social services, group 4 homes operated by, contracted for or licensed by the division for youth 5 and half-way houses operated or licensed by the division of substance 6 abuse services. 7 § 57. Section 466-a of the social services law, as amended by chapter 8 405 of the laws of 1998, is amended to read as follows: 9 § 466-a. Agreements. The department shall enter into memorandums of 10 understanding with the office of mental health and the office [of mental11retardation and] for people with developmental disabilities. The memo- 12 randums with the office [of mental retardation and] for people with 13 developmental disabilities and the office of mental health shall facili- 14 tate access by those offices to child care facilities providing transi- 15 tional care to young adults as may be necessary for those offices to 16 meet their responsibilities for monitoring the care of the young adults. 17 § 58. Subdivision 1 of section 483 of the social services law, as 18 amended by section 62 of part A of chapter 56 of the laws of 2010, is 19 amended to read as follows: 20 1. There shall be a council on children and families established with- 21 in the office of children and family services consisting of the follow- 22 ing members: the state commissioner of children and family services, the 23 commissioner of temporary and disability assistance, the commissioner of 24 mental health, the commissioner of [mental retardation and] the office 25 for people with developmental disabilities, the commissioner of the 26 office of alcoholism and substance abuse services, the commissioner of 27 education, the director of the office of probation and correctional 28 alternatives, the commissioner of health, the commissioner of the divi- 29 sion of criminal justice services, the state advocate for persons with 30 disabilities, the director of the office for the aging, the commissioner 31 of labor, and the chair of the commission on quality of care for the 32 mentally disabled. The governor shall designate the chair of the council 33 and the chief executive officer (CEO). 34 § 59. Subparagraph (i) of paragraph (a) of subdivision 3 of section 35 483-c of the social services law, as amended by section 63 of part A of 36 chapter 56 of the laws of 2010, is amended to read as follows: 37 (i) State tier III team. There is hereby established a state team 38 designated as the "tier III team", which shall consist of the chair of 39 the council, the commissioners of children and family services, mental 40 health, health, education, alcohol and substance abuse services, and 41 [mental retardation and] the office for people with developmental disa- 42 bilities, and the director of the office of probation and correctional 43 alternatives, or their designated representatives, and representatives 44 of families of children with emotional and/or behavioral disorders. 45 Other representatives may be added at the discretion of such team. 46 § 60. Subdivision 1 of section 483-d of the social services law, as 47 amended by section 18 of part A of chapter 56 of the laws of 2010, is 48 amended to read as follows: 49 1. Committee established. There is hereby established within the 50 council an out-of-state placement committee comprised of the commission- 51 er of children and family services, the commissioner of mental health, 52 the commissioner of [mental retardation and] the office for people with 53 developmental disabilities, the commissioner of education, the commis- 54 sioner of alcoholism and substance abuse services, the commissioner of 55 health, and the director of the office of probation and correctional 56 alternatives.S. 5991--A 26 1 § 61. Subdivision 1 of section 483-e of the social services law, as 2 added by chapter 624 of the laws of 2006, is amended to read as follows: 3 1. Committee established. There is hereby established within the coun- 4 cil a restraint and crisis intervention technique committee comprised of 5 the commissioner of children and family services, the commissioner of 6 mental health, the commissioner of [mental retardation and] the office 7 for people with developmental disabilities, the commissioner of educa- 8 tion and the commissioner of health. The committee shall include at 9 least two representatives of statewide and regional provider organiza- 10 tions that represent providers of educational and residential services 11 to children, at least two mental health professionals who provide direct 12 care on a regular basis to children served by the program types provided 13 in subdivision two of this section and at least one representative of 14 parents of children requiring special services. 15 § 62. Subdivision 1 of section 483-f of the social services law, as 16 added by chapter 413 of the laws of 2009, is amended to read as follows: 17 1. The council, in accordance with section 7.43 of the mental hygiene 18 law, shall assist the commissioner of mental health with the implementa- 19 tion of the children's plan, developed pursuant to chapter six hundred 20 sixty-seven of the laws of two thousand six. State child-serving agen- 21 cies involved in the development of such plan shall assist, as needed, 22 with such plan's implementation and such agencies shall sign off on all 23 future reports and plans. Such agencies shall include, but not be limit- 24 ed to, the office of mental health, the office [of mental retardation25and] for people with developmental disabilities, the office of alcohol- 26 ism and substance abuse services, the commission on quality of care and 27 advocacy for persons with disabilities, the office of children and fami- 28 ly services, the state education department, the department of health, 29 and the department of probation and correctional alternatives. 30 § 63. Subdivision (l) of section 3 of the cooperative corporations 31 law, as added by chapter 225 of the laws of 1987, is amended to read as 32 follows: 33 (l) The terms "buying, selling or leasing homes for its members" and 34 "conducting housing" shall include but not be limited to, the purposes 35 and uses of residential facilities for the mentally disabled licensed by 36 the office of mental health or the office [of mental retardation and] 37 for people with developmental disabilities. 38 § 64. Subdivision 1 of section 206 of the elder law is amended to read 39 as follows: 40 1. The director is hereby authorized and directed, to the extent 41 appropriations are available therefor, to develop, establish and operate 42 training and technical assistance programs, including caregiver resource 43 centers, caregiver networks, and other support activities, for informal 44 caregivers throughout the state for the purposes of assisting such care- 45 givers and improving the quality of care provided to frail and disabled 46 persons. The director shall also make available and encourage the utili- 47 zation of such training programs in consultation with the commissioner 48 of health, the commissioner of the office of children and family 49 services, the commissioner of mental health, and the commissioner of 50 [mental retardation and] the office for people with developmental disa- 51 bilities. 52 § 65. Subdivision 6 of section 622 of the correction law, as added by 53 chapter 7 of the laws of 2007, is amended to read as follows: 54 6. Staff of the office of mental health and the office [of mental55retardation and] for people with developmental disabilities may be 56 consulted about the inmate's treatment needs and may assist in providingS. 5991--A 27 1 any additional treatment services determined to be clinically appropri- 2 ate to address the inmate's underlying mental abnormality or disorder. 3 Such treatment services shall be provided using professionally accepted 4 treatment protocols. 5 § 66. Subdivision 12 of section 2.10 of the criminal procedure law, as 6 added by chapter 843 of the laws of 1980, is amended to read as follows: 7 12. Special policemen designated by the commissioner and the directors 8 of in-patient facilities in the office of mental health pursuant to 9 section 7.25 of the mental hygiene law, and special policemen designated 10 by the commissioner and the directors of facilities under his jurisdic- 11 tion in the office [of mental retardation and] for people with develop- 12 mental disabilities pursuant to section 13.25 of the mental hygiene law; 13 provided, however, that nothing in this subdivision shall be deemed to 14 authorize such officers to carry, possess, repair or dispose of a 15 firearm unless the appropriate license therefor has been issued pursuant 16 to section 400.00 of the penal law. 17 § 67. Paragraphs (a), (b), and (d) of subdivision 1 of section 330.20 18 of the criminal procedure law, as added by chapter 548 of the laws of 19 1980, are amended to read as follows: 20 (a) "Commissioner" means the state commissioner of mental health or 21 the state commissioner of [mental retardation and] the office for people 22 with developmental [disability] disabilities. 23 (b) "Secure facility" means a facility within the state office of 24 mental health or the state office [of mental retardation and] for people 25 with developmental disabilities which is staffed with personnel 26 adequately trained in security methods and is so equipped as to minimize 27 the risk or danger of escapes, and which has been so specifically desig- 28 nated by the commissioner. 29 (d) "Mentally ill" means that a defendant currently suffers from a 30 mental illness for which care and treatment as a patient, in the in-pa- 31 tient services of a psychiatric center under the jurisdiction of the 32 state office of mental health, is essential to such defendant's welfare 33 and that his judgment is so impaired that he is unable to understand the 34 need for such care and treatment; and, where a defendant is mentally 35 retarded, the term "mentally ill" shall also mean, for purposes of this 36 section, that the defendant is in need of care and treatment as a resi- 37 dent in the in-patient services of a developmental center or other resi- 38 dential facility for the mentally retarded and developmentally disabled 39 under the jurisdiction of the state office [of mental retardation and] 40 for people with developmental disabilities. 41 § 68. Section 725.15 of the criminal procedure law, as amended by 42 chapter 7 of the laws of 2007, is amended to read as follows: 43 § 725.15 Sealing of records. 44 Except where specifically required or permitted by statute or upon 45 specific authorization of the court that directed removal of an action 46 to the family court all official records and papers of the action up to 47 and including the order of removal, whether on file with the court, a 48 police agency or the division of criminal justice services, are confi- 49 dential and must not be made available to any person or public or 50 private agency, provided however that availability of copies of any such 51 records and papers on file with the family court shall be governed by 52 provisions that apply to family court records, and further provided that 53 all official records and papers of the action shall be included in those 54 records and reports that may be obtained upon request by the commission- 55 er of mental health or commissioner of [mental retardation and] the 56 office for people with developmental disabilities, as appropriate; theS. 5991--A 28 1 case review panel; and the attorney general pursuant to section 10.05 of 2 the mental hygiene law. 3 § 69. Subdivisions 3 and 4 of section 730.10 of the criminal procedure 4 law, as amended by chapter 440 of the laws of 1987, are amended to read 5 as follows: 6 3. "Commissioner" means the state commissioner of mental health or the 7 state commissioner of [mental retardation and] the office for people 8 with developmental disabilities. 9 4. "Director" means (a) the director of a state hospital operated by 10 the office of mental health or the director of a developmental center 11 operated by the office [of mental retardation and] for people with 12 developmental disabilities, or (b) the director of a hospital operated 13 by any local government of the state that has been certified by the 14 commissioner as having adequate facilities to examine a defendant to 15 determine if he is an incapacitated person, or (c) the director of 16 community mental health services. 17 § 70. Subdivision (a) of section 249 of the family court act, as sepa- 18 rately amended by chapter 41 of the laws of 2010 and chapter 3 of the 19 laws of 2012, is amended to read as follows: 20 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 21 this act or where a revocation of an adoption consent is opposed under 22 section one hundred fifteen-b of the domestic relations law or in any 23 proceeding under section three hundred fifty-eight-a, three hundred 24 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b 25 of the social services law or when a minor is sought to be placed in 26 protective custody under section one hundred fifty-eight of this act, 27 the family court shall appoint an attorney to represent a minor who is 28 the subject of the proceeding or who is sought to be placed in protec- 29 tive custody, if independent legal representation is not available to 30 such minor. In any proceeding to extend or continue the placement of a 31 juvenile delinquent or person in need of supervision pursuant to section 32 seven hundred fifty-six or 353.3 of this act or any proceeding to extend 33 or continue a commitment to the custody of the commissioner of mental 34 health or the commissioner of [mental retardation and] the office for 35 people with developmental disabilities pursuant to section 322.2 of this 36 act, the court shall not permit the respondent to waive the right to be 37 represented by counsel chosen by the respondent, respondent's parent, or 38 other person legally responsible for the respondent's care, or by 39 assigned counsel. In any proceeding under article ten-B of this act, the 40 family court shall appoint an attorney to represent a youth, under the 41 age of twenty-one, who is the subject of the proceeding, if independent 42 legal representation is not available to such youth. In any other 43 proceeding in which the court has jurisdiction, the court may appoint an 44 attorney to represent the child, when, in the opinion of the family 45 court judge, such representation will serve the purposes of this act, if 46 independent legal counsel is not available to the child. The family 47 court on its own motion may make such appointment. 48 § 71. Subdivisions 2-a and 2-b of section 3 of section 1 of chapter 49 359 of the laws of 1968, constituting the facilities development corpo- 50 ration act, as added by chapter 547 of the laws of 1979, are amended to 51 read as follows: 52 2-a. "Department" means the department of mental hygiene and the 53 offices of mental health, [mental retardation and developmental disabil-54ities] and alcoholism and substance abuse and the office for people with 55 developmental disabilities of such department.S. 5991--A 29 1 2-b. "Commissioner" means the commissioner of mental health, the 2 commissioner of [mental retardation and] the office for people with 3 developmental disabilities, the director of the division of alcoholism 4 and alcohol abuse and the director of the division of substance abuse. 5 § 72. Subdivision 13-f of section 5 of section 1 of chapter 359 of the 6 laws of 1968, constituting the facilities development corporation act, 7 as added by chapter 90 of the laws of 1989, is amended to read as 8 follows: 9 13-f. The executive director of the facilities development corporation 10 is authorized and empowered to enter into and implement agreements under 11 which the facilities development corporation may designate the commis- 12 sioner of the office of mental health, the commissioner of the office 13 [of mental retardation and] for people with developmental disabilities, 14 the director of the division of substance abuse services, or the direc- 15 tor of the division of alcoholism and alcohol abuse, with respect to 16 their respective facilities, as agents for the facilities development 17 corporation with respect to the financing of voluntary provider not-for- 18 profit community development, and under which such commissioners and 19 directors may act as its agent, with respect to any and all duties for 20 such corporation as set forth and contained in this act. The commission- 21 ers, the directors, and the executive director shall enter into such 22 agreements, subject to the approval of the director of the budget, which 23 delineate the respective duties of each party when such commissioners 24 and directors are designated agents of such corporation. 25 § 73. Subdivision 6 of section 5-a of section 1 of chapter 392 of the 26 laws of 1973, constituting the medical care facilities finance agency 27 act, as added by chapter 855 of the laws of 1986, is amended to read as 28 follows: 29 6. As used in this section or in connection with federally-aided mort- 30 gage loan regarding residential facilities for the mentally retarded and 31 developmentally disabled or the mentally disabled or for the care, 32 treatment, training and education of the mentally retarded and develop- 33 mentally disabled or the mentally disabled the term "commissioner" shall 34 also mean the commissioner of mental health or the commissioner of 35 [mental retardation and] the office for people with developmental disa- 36 bilities. 37 § 74. Subdivision cc of section 17-502 of the administrative code of 38 the city of New York, as added by local law number 47 of the city of New 39 York for the year 2002, is amended to read as follows: 40 cc. "Day treatment program" means a facility which is (i) licensed by 41 the state department of health or the office of alcoholism and substance 42 abuse services, the office of mental health, or the office [of mental43retardation and] for people with developmental disabilities within the 44 state department of mental hygiene to provide treatment to aid in the 45 rehabilitation or recovery of its patients based on a structured envi- 46 ronment requiring patient participation for no less than three hours 47 each day; or (ii) which is authorized by the state commissioner of 48 health to conduct a program pursuant to section 80.135 of title ten of 49 the New York code of rules and regulations. 50 § 75. This act shall take effect immediately; provided however: 51 a. the amendments to clause (c) of subparagraph 4 of paragraph b of 52 subdivision 1 of section 4402 of the education law made by section thir- 53 ty-seven of this act shall not affect the expiration and reversion of 54 such clause as provided by subdivision d of section 27 of chapter 378 of 55 the laws of 2007, as amended, when upon such date the provisions of 56 section thirty-eight of this act shall take effect;S. 5991--A 30 1 b. the amendments to paragraph (1) of subdivision 1 of section 364-j 2 of the social services law made by section forty-eight of this act shall 3 not affect the repeal of such section and shall be deemed repealed ther- 4 ewith; 5 c. the amendments to subdivision 4 of section 366-c of the social 6 services law made by section fifty-one of this act shall not affect the 7 expiration of such subdivision and shall be deemed to expire therewith; 8 and 9 d. section seventy of this act shall take effect on the same date as 10 the reversion of subdivision (a) of section 249 of the family court act 11 as provided in section 8 of chapter 29 of the laws of 2011, as amended.
