Bill Text: NY S05991 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5991 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 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 corporation 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 15 programs primarily engaged in providing services to people with disabil- 16 ities are the department of labor, office for the aging, division of 17 veterans' affairs, office of mental health, office of vocational and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09546-01-7S. 5991 2 1 educational services for individuals with disabilities, commission on 2 quality of care for the mentally disabled, office [of mental retardation3and] for people with developmental disabilities, commission for the 4 blind, office of alcoholism and substance abuse services, the office of 5 the advocate for the disabled and all offices which administer programs 6 established or funded by such agencies. Additional state agencies desig- 7 nated as voter registration offices are the department of state and the 8 division of workers' compensation. Such agencies shall be required to 9 offer voter registration forms to persons upon initial application for 10 services, renewal or recertification for services and change of address 11 relating to such services. Such agencies shall also be responsible for 12 providing assistance to applicants in completing voter registration 13 forms, receiving and transmitting the completed application form from 14 all applicants who wish to have such form transmitted to the appropriate 15 board of elections. The state board of elections shall, together with 16 representatives of the department of defense, develop and implement 17 procedures for including recruitment offices of the armed forces of the 18 United States as voter registration offices when such offices are so 19 designated by federal law. The state board shall also make request of 20 the United States Immigration and Naturalization Service to include 21 applications for registration by mail with any materials which are given 22 to new citizens. All institutions of the state university of New York 23 and the city university of New York, shall, at the beginning of the 24 school year, and again in January of a year in which the president of 25 the United States is to be elected, provide an application for registra- 26 tion to each student in each such institution. The state board of 27 elections may, by regulation, grant a waiver from any or all of the 28 requirements of this section to any office or program of an agency, if 29 it determines that it is not feasible for such office or program to 30 administer such requirement. 31 § 2. Subdivision 1 of section 548-e of the executive law, as added by 32 chapter 657 of the laws of 1990, is amended to read as follows: 33 1. Establishment. A neighborhood based initiatives oversight committee 34 shall be established to oversee the implementation of the provisions of 35 this article and shall consist of representatives of the following agen- 36 cies or their designees, with the commissioner of the department or his 37 or her designee serving as chairperson: the state advocate for the disa- 38 bled; the director of the office for the aging; the director of the 39 division of alcoholism and alcohol abuse; the executive director of the 40 council on children and families; the chancellor of the city university 41 of New York; the executive director of the developmental disabilities 42 action planning council; the director of the budget; the commissioner of 43 economic development; the commissioner of education; the commissioner of 44 health; the commissioner of housing and community renewal; the commis- 45 sioner of labor; the commissioner of mental health; the commissioner of 46 [mental retardation and] the office for people with developmental disa- 47 bilities; the commissioner of parks, recreation and historic preserva- 48 tion; the chancellor of the state university of New York; the director 49 of the division of substance abuse services; the director of the divi- 50 sion for youth; the director of the division for women; and the depart- 51 ment of audit and control. 52 § 3. Subdivisions 1 and 2 of section 702 of the executive law, as 53 added by chapter 551 of the laws of 2002, are amended to read as 54 follows: 55 1. The most integrated setting coordinating council is hereby created 56 within the executive department to have and exercise the functions,S. 5991 3 1 powers and duties provided by the provisions of this article and any 2 other provision of law. The council shall be comprised of the commis- 3 sioners of: the department of health, the office [of mental retardation4and] for people with developmental disabilities, the office of mental 5 health, the department of transportation, the office of children and 6 family services, the office of alcohol and substance abuse services, the 7 department of education, and the division of housing and community 8 renewal. In addition, the council shall consist of the director of the 9 office for the aging, a representative from the office of the advocate 10 for persons with disabilities, a representative from the commission on 11 quality of care for the mentally disabled, three consumers of services 12 for individuals with disabilities, one to be appointed by the governor, 13 one to be appointed by the temporary president of the senate, and one to 14 be appointed by the speaker of the assembly, three individuals with 15 expertise in the field of community services for people of all ages with 16 disabilities, one to be appointed by the governor, one to be appointed 17 by the temporary president of the senate, and one to be appointed by the 18 speaker of the assembly, and three individuals with expertise in or 19 recipients of services available to senior citizens with disabilities, 20 one to be appointed by the governor, one to be appointed by the tempo- 21 rary president of the senate, and one to be appointed by the speaker of 22 the assembly. 23 2. The commissioners of the department of health, the office of mental 24 health, the office [of mental retardation and] for people with develop- 25 mental disabilities, and the director of the office for the aging shall 26 rotate as chairperson of the council on a quarterly basis. 27 § 4. Section 179-aa of the state finance law, as amended by chapter 28 292 of the laws of 2007, is amended to read as follows: 29 § 179-aa. Advisory committee. There is hereby established a not-for- 30 profit contracting advisory committee. The advisory committee shall 31 consist of sixteen members which shall include eight appointed members, 32 four to be appointed by the governor who shall be representatives of 33 not-for-profit organizations providing services in the state, and two 34 each to be appointed by the governor upon recommendation of the tempo- 35 rary president of the senate and speaker of the assembly, and eight ex 36 officio members of the committee, one each designated from the division 37 of the budget, the department of law, the office of the state comp- 38 troller, and the education department. The governor shall also designate 39 four members from among the following agencies: the department of state, 40 the office of children and family services, the office of temporary and 41 disability assistance, the department of health, the office of mental 42 hygiene, the office [of mental retardation and] for people with develop- 43 mental disabilities, and the department of labor. The governor shall 44 designate an appointee to serve as chair of the committee. The advisory 45 committee shall meet at least quarterly and upon its own initiative may: 46 comment and report on the implementation and operation of the not-for- 47 profit short-term revolving loan fund; advise the governor, comptroller 48 and state agencies on the implementation and operation of this article; 49 evaluate the benefits of requiring all state agencies to use standard 50 contract language and the extent to which standard language may be 51 effectively included in contracts with not-for-profit organizations; 52 review annually the report of the office of the state comptroller made 53 pursuant to section one hundred seventy-nine-bb of this article; and 54 propose any legislation they deem necessary to improve the fund and this 55 article. The committee shall report to the governor and the legislature 56 with recommendations on improving the contracting procedures with not-S. 5991 4 1 for-profit organizations which receive state funds through the interme- 2 diary of municipalities. Such reports shall be due annually not later 3 than December first. 4 § 5. Subdivision 1 of section 73-d of the transportation law, as 5 amended by chapter 562 of the laws of 1987, is amended to read as 6 follows: 7 1. There is hereby created a committee to be known as the "interagency 8 coordinating committee on rural public transportation", to be comprised 9 of nineteen members. The commissioner or his or her designee shall serve 10 as chairperson. Twelve of such members shall be the following or his or 11 her duly designated representative: the director of the office for the 12 aging; the commissioner of education; the commissioner of labor; the 13 commissioner of health; the commissioner of the office of mental health; 14 the commissioner of the office [of mental retardation and] for people 15 with developmental disabilities; the commissioner of social services; 16 state advocate for the disabled; secretary of state; commissioner of 17 agriculture and markets; the director of the office of rural affairs and 18 the director of the division for youth. Six additional members, all of 19 whom shall be transportation providers or consumers representing rural 20 counties shall be appointed to serve a term of three years as follows: 21 two by the president pro-tempore of the senate, two by the speaker of 22 the assembly, one by the minority leader of the senate, and one by the 23 minority leader of the assembly. Efforts shall be made to provide a 24 broad representation of consumers and providers of transportation 25 services in rural counties when making such appointments. Members of 26 the committee shall receive no salary. 27 The commissioner shall cause the department to provide staff assist- 28 ance necessary for the efficient and effective operation of the commit- 29 tee. 30 § 6. The undesignated paragraph of paragraph (b) of subdivision 2 of 31 section 1676 of the public authorities law, as added by chapter 281 of 32 the laws of 1988, is amended to read as follows: 33 The Devereux Foundation for the financing, construction and equipping 34 of facilities subject to the approval of the commissioner of education, 35 the commissioner of social services and the commissioner of the office 36 [of mental retardation and] for people with developmental disabilities 37 for a residential and educational program for children with handicapping 38 conditions, as such term is defined in subdivision one of section 39 forty-four hundred one of the education law, including, but not limited 40 to, those students who were publicly placed at the Rhinebeck Country 41 School during the nineteen hundred eighty-six--eighty-seven school year 42 and in furtherance of the state's overall goal of reducing the number of 43 children with handicapping conditions requiring out-of-state placements: 44 nothing in the foregoing shall be deemed to authorize The Devereux Foun- 45 dation to apply any funds or credit obtained pursuant to this section 46 toward the financing, construction or equipping of facilities on any 47 other property or properties it presently owns or controls or owns or 48 controls in the future. 49 § 7. The undesignated paragraph of paragraph (b) of subdivision 2 of 50 section 1676 of the public authorities law, as added by chapter 471 of 51 the laws of 2009, is amended to read as follows: 52 Not-for-profit members of InterAgency Council of [Mental Retardation53and] Developmental Disabilities Agencies, Inc., for the acquisition, 54 financing, refinancing, construction, reconstruction, renovation, devel- 55 opment, improvement, expansion and equipping of certain educational,S. 5991 5 1 administrative, day program and residential facilities to be located in 2 the state of New York. 3 § 8. The undesignated paragraph of subdivision 1 of section 1680 of 4 the public authorities law, as added by chapter 281 of the laws of 1988, 5 is amended to read as follows: 6 The Devereux Foundation for the financing, construction and equipping 7 of facilities subject to the approval of the commissioner of education, 8 the commissioner of social services and the commissioner of the office 9 [of mental retardation and] for people with developmental disabilities 10 for a residential and educational program for children with handicapping 11 conditions, as such term is defined in subdivision one of section 12 forty-four hundred one of the education law, including, but not limited 13 to, those students who were publicly placed at the Rhinebeck Country 14 School during the nineteen hundred eighty-six--eighty-seven school year 15 and in the furtherance of the state's overall goal of reducing the 16 number of children with handicapping conditions requiring out-of-state 17 placements: nothing in the foregoing shall be deemed to authorize The 18 Devereux Foundation to apply any funds or credits obtained pursuant to 19 this section toward the financing, construction or equipping of facili- 20 ties on any other property or properties it presently owns or controls 21 or owns or controls in the future. 22 § 9. The undesignated paragraph of subdivision 1 of section 1680 of 23 the public authorities law, as added by chapter 343 of the laws of 1992, 24 is amended to read as follows: 25 Ferncliff Manor as a not-for-profit residential school serving chil- 26 dren who are severely mentally disabled and medically involved, who will 27 also on a not-for-profit basis operate an intermediate care facility, 28 for the financing, construction, reconstruction, improvement, renovation 29 and development of five twelve bed dormitories in Westchester County for 30 such children, subject to the approval of the commissioners of educa- 31 tion, social services, and [mental retardation and] the office for 32 people with developmental disabilities, and subject further to the 33 approval of the director of the budget as to project need and project 34 cost. Except to the extent otherwise prohibited by law, Ferncliff Manor 35 shall have full power and authority to assign and pledge to the authori- 36 ty, together with any pledge of its own assets and other income, any and 37 all public funds to be apportioned or otherwise made payable by the 38 state, a political subdivision, as defined in section one hundred of the 39 general municipal law, or any social services district in the state in 40 an amount sufficient to make all payments required to be made by Fern- 41 cliff Manor pursuant to any lease, sublease or other agreement entered 42 into between Ferncliff Manor and the authority. All state and local 43 officers are hereby authorized and required to pay all such funds so 44 assigned and pledged to the authority or upon the direction of the 45 authority, to any trustee of any authority bond or note issued pursuant 46 to a certificate filed with any such state or local officer by the 47 authority pursuant to the provisions of this section. No agreement or 48 lease by Ferncliff Manor shall be effective unless and until it is 49 approved by or on behalf of the commissioners of education, social 50 services, and [mental retardation and] the office for people with devel- 51 opmental disabilities, and subject further to the approval of the direc- 52 tor of the budget as to project need and project cost. 53 § 10. The undesignated paragraph of subdivision 1 of section 1680 of 54 the public authorities law, as amended by chapter 780 of the laws of 55 1992, is amended to read as follows:S. 5991 6 1 The Leake and Watts Children's Home (Incorporated), Yonkers, New York 2 for the financing, construction, reconstruction, improvement, renovation 3 or otherwise for (1) a new school building for the junior high and high 4 school vocational programs including a field house; (2) a new children's 5 cottage and renovation and reconstruction of eight existing children's 6 cottages to provide more efficient heating and cooling systems, more 7 secure supervision and to increase the number of beds; (3) renovation 8 and reconstruction of the main building to provide new electrical and 9 plumbing systems and internal rehabilitation; and (4) renovation and 10 reconstruction of the old school building for multiple use; subject to 11 the approval of the commissioners of education, social services and 12 [mental retardation and] the office for people with developmental disa- 13 bilities, and subject further to the approval of the director of the 14 budget including as to project need and project cost. Notwithstanding 15 any other provision of law, The Leake and Watts Children's Home (Incor- 16 porated) shall have full power and authority to assign and pledge to the 17 authority, together with any other assets so pledged, any and all prop- 18 erty rights to, and property interests in, any and all public funds to 19 be apportioned or otherwise made payable by the state, a political 20 subdivision, as defined in section one hundred of the general municipal 21 law, or any social services district in the state in an amount suffi- 22 cient to make all payments required to be made by The Leake and Watts 23 Children's Home (Incorporated) pursuant to any lease, sublease or other 24 agreement entered into between The Leake and Watts Children's Home 25 (Incorporated) and the authority. All state and local officers are here- 26 by authorized and required to pay all such funds so assigned and pledged 27 to the authority or upon the direction of the authority, to any trustee 28 of any authority bond or note issued pursuant to a certificate filed 29 with any such state or local officer by the authority pursuant to the 30 provisions of this section. No lease, sublease or other agreement by The 31 Leake and Watts Children's Home (Incorporated) shall be effective unless 32 and until it is approved by or on behalf of the commissioners of educa- 33 tion, social services and [mental retardation and] the office for people 34 with developmental disabilities and subject further to the approval of 35 the director of the budget including as to project need and project 36 cost. 37 § 11. The undesignated paragraph of subdivision 1 of section 1680 of 38 the public authorities law, as added by chapter 471 of the laws of 2009, 39 is amended to read as follows: 40 Not-for-profit members of InterAgency Council of [Mental Retardation41and] Developmental Disabilities Agencies, Inc., for the acquisition, 42 financing, refinancing, construction, reconstruction, renovation, devel- 43 opment, improvement, expansion and equipping of certain educational, 44 administrative, day program and residential facilities to be located in 45 the state of New York. Notwithstanding any other provision of law, not- 46 for-profit members of the InterAgency Council of [Mental Retardation47and] Developmental Disabilities Agencies, Inc. shall have full power and 48 authority to assign and pledge to the dormitory authority, any and all 49 public funds to be apportioned or otherwise made payable by the United 50 States, any agency thereof, the state, any agency thereof, a political 51 subdivision, as defined in section one hundred of the general municipal 52 law, any social services district in the state or any other governmental 53 entity in an amount sufficient to make all payments required to be made 54 by such members pursuant to any lease, sublease or other agreement 55 entered into between such members and the dormitory authority. All state 56 and local officers are hereby authorized and required to pay all suchS. 5991 7 1 funds so assigned and pledged to the dormitory authority or, upon the 2 direction of the dormitory authority, to any trustee of any dormitory 3 authority bond or note issued, pursuant to a certificate filed with any 4 such state or local officer by the dormitory authority pursuant to the 5 provisions of this section. 6 § 12. Subdivision 3 of section 2879-a of the public authorities law, 7 as added by chapter 506 of the laws of 2009, is amended to read as 8 follows: 9 3. This section shall not apply to: (a) contracts entered into for the 10 issuance of commercial paper or bonded indebtedness, other than 11 contracts with the state providing for the payment of debt service 12 subject to an appropriation; (b) contracts entered into by an entity 13 established under article ten-c of the public authorities law that are 14 for: (i) projects approved by the department of health or the public 15 health council in accordance with articles twenty-eight, thirty-six or 16 forty of the public health law or article seven of the social services 17 law; (ii) projects approved by the office of mental health, the office 18 [of mental retardation and] for people with developmental disabilities, 19 or the office of alcoholism and substance abuse services in accordance 20 with articles sixteen, thirty-one, or thirty-two of the mental hygiene 21 law; (iii) services, affiliations or joint ventures for the provision or 22 administration of health care services or scientific research; (iv) 23 payment for direct health care services or goods used in the provision 24 of health care services; or (v) participation in group purchasing 25 arrangements; (c) contracts entered into for the procurement of goods, 26 services or both goods and services made to meet emergencies arising 27 from unforeseen causes or to effect repairs to critical infrastructure 28 that are necessary to avoid a delay in the delivery of critical services 29 that could compromise the public welfare; (d) contracts of purchase or 30 sale of energy, electricity or ancillary services made by an authority 31 on a recognized market for goods, services, or commodities in question 32 in accordance with standard terms and conditions of purchase or sale at 33 a market price; (e) contracts for the purchase, sale or delivery of 34 power or energy, fuel, costs and services ancillary thereto, or finan- 35 cial products related thereto, with a term of less than five years; and 36 (f) contracts for the sale or delivery of power or energy and costs and 37 services ancillary thereto for economic development purposes pursuant to 38 title one of article five of this chapter or article six of the economic 39 development law, provided, however, that the authority shall file copies 40 of any such contract with the comptroller within sixty days after the 41 execution of such contract. 42 § 13. Subdivisions 2 and 3 of section 32 of the public health law, 43 subdivision 2 as added by chapter 442 of the laws of 2006 and subdivi- 44 sion 3 as amended by chapter 109 of the laws of 2007, are amended to 45 read as follows: 46 2. to conduct and supervise activities to prevent, detect and investi- 47 gate medical assistance program fraud and abuse amongst the following: 48 the department; the offices of mental health, [mental retardation and49developmental disabilities,] alcoholism and substance abuse services, 50 temporary disability assistance, and children and family services and 51 the office for people with developmental disabilities; 52 3. to coordinate, to the greatest extent possible, activities to 53 prevent, detect and investigate medical assistance program fraud and 54 abuse amongst the following: the department; the offices of mental 55 health, [mental retardation and developmental disabilities,] alcoholism 56 and substance abuse services, temporary disability assistance, and chil-S. 5991 8 1 dren and family services and the office for people with developmental 2 disabilities; the commission on quality of care and advocacy for persons 3 with disabilities; the department of education; the fiscal agent 4 employed to operate the medical assistance information and payment 5 system; local governments and entities; and to work in a coordinated and 6 cooperative manner with, to the greatest extent possible, the deputy 7 attorney general for Medicaid fraud control; the welfare inspector 8 general, federal prosecutors, district attorneys within the state, the 9 special investigative unit maintained by each health insurer operating 10 within the state, and the state comptroller; 11 § 14. Section 34 of the public health law, as added by chapter 442 of 12 the laws of 2006, is amended to read as follows: 13 § 34. Transfer of employees. Upon the transfer of the medical assist- 14 ance program audit and fraud and abuse prevention functions from the 15 department and the offices of mental health, [mental retardation and16developmental disabilities,] alcoholism and substance abuse services, 17 temporary disability assistance, and children and family services and 18 the office for people with developmental disabilities to the office 19 within the department pursuant to section thirty-one of this title, 20 provision shall be made for the transfer of necessary officers and 21 employees who are substantially engaged in the performance of the func- 22 tion to be transferred, and any documents and records necessary and 23 related to the transfer of such functions. The heads of the departments 24 or agencies from which such function is to be transferred and the 25 inspector shall confer to determine the officers and employees who are 26 substantially engaged in the medical assistance program audit and fraud 27 and abuse prevention function to be transferred. In accordance with 28 subdivision two of section seventy of the civil service law, officers 29 and employees so transferred shall be transferred without further exam- 30 ination or qualification to the same or similar titles and shall remain 31 in the same collective bargaining unit and shall retain their respective 32 civil service classification, status and rights pursuant to their 33 collective bargaining unit and collective bargaining agreement. 34 Notwithstanding the office's regional operations, all office employees 35 shall be co-located, to the greatest extent practicable. The inspector 36 shall have sole responsibility for establishing methods of adminis- 37 tration for the office. 38 § 15. Subdivision 2 of section 2004-a of the public health law, as 39 added by section 24 of part B of chapter 58 of the laws of 2007, is 40 amended to read as follows: 41 2. The council shall be comprised of twenty-one members as follows: 42 the commissioner of health, the director of the state office for the 43 aging, the commissioner of children and family services, the commission- 44 er of education, the commissioner of mental health and the commissioner 45 of [mental retardation and] the office for people with developmental 46 disabilities who shall serve ex officio and who may designate represen- 47 tatives to act on their behalf. The governor shall appoint seven other 48 members with expertise in Alzheimer's disease, other dementia or elder 49 care issues, at least two of whom shall represent not-for-profit corpo- 50 rations whose primary purpose is to provide access to experts in the 51 care of persons with Alzheimer's disease and related dementia, that are 52 part of a statewide network of not-for-profit corporations established 53 specifically to respond at the local and regional level to the needs of 54 this population and that provide family intervention services related to 55 Alzheimer's disease in order to postpone or prevent nursing home place- 56 ments of individuals with Alzheimer's disease or other dementia. EightS. 5991 9 1 members shall be appointed by the governor on the recommendation of the 2 legislative leaders as follows: the temporary president of the senate 3 and the speaker of the assembly shall each recommend three members to 4 the council. One of the three members recommended by the temporary pres- 5 ident and one of the three members recommended by the speaker shall be a 6 clinical or research expert in the field of dementia and one of the 7 three members appointed by each shall be a family member or caregiver of 8 a person suffering from Alzheimer's disease or other dementia. One 9 member shall be appointed on the recommendation of the minority leader 10 of the senate and one member shall be appointed on the recommendation of 11 the minority leader of the assembly. The commissioner of health and the 12 director of the office for the aging shall serve, ex officio, as 13 co-chairs of the council. Administrative duties shall be the responsi- 14 bility of the department. The members of the council shall receive no 15 compensation for their services. 16 § 16. Subdivision 17 of section 2541 of the public health law, as 17 added by chapter 428 of the laws of 1992, is amended to read as follows: 18 17. "State early intervention service agencies" means the departments 19 of health, education and social services and the offices of mental 20 health[, mental retardation and developmental disabilities] and [office21of] alcoholism and substance abuse services and the office for people 22 with developmental disabilities. 23 § 17. Subdivision 4 of section 2559 of the public health law, as added 24 by section 8 of part B-3 of chapter 62 of the laws of 2003, is amended 25 to read as follows: 26 4. Notwithstanding any other provision of law, the commissioner, 27 pursuant to a memorandum of understanding with the commissioner of the 28 office [of mental retardation and] for people with developmental disa- 29 bilities, shall develop and submit a medicaid home and community based 30 services waiver, pursuant to section 1915c of the social security act, 31 for the purpose of creating a waiver program to provide and finance 32 services for children who qualify for the early intervention program. In 33 further establishing eligibility criteria under the waiver program, the 34 commissioner, in conjunction with the commissioner of the office [of35mental retardation and] for people with developmental disabilities, 36 shall establish health, developmental and psycho-social criteria which 37 shall permit the broadest eligibility based on criteria for the early 38 intervention program and federal standards for participation in a waiver 39 program. The waiver application shall be submitted pursuant to section 40 1915c of the social security act no later than January first, two thou- 41 sand four. 42 § 18. Section 2740 of the public health law, as added by chapter 196 43 of the laws of 1994, is amended to read as follows: 44 § 2740. Traumatic brain injury program. The department shall have the 45 central responsibility for administering the provisions of this article 46 and otherwise coordinating the state's policies with respect to traumat- 47 ic brain injury, in consultation with the office [of mental retardation48and] for people with developmental disabilities, the office of mental 49 health, the department of education, the office of alcoholism and 50 substance abuse services, the department of social services, the office 51 of the advocate for the disabled and the commission on quality of care 52 for the mentally disabled. 53 § 19. Subdivision 1 of section 2744 of the public health law, as added 54 by chapter 196 of the laws of 1994, is amended to read as follows: 55 1. The traumatic brain injury services coordinating council is hereby 56 established and shall consist of the following persons or their desig-S. 5991 10 1 nees: the commissioner, the commissioner of [mental retardation and] the 2 office for people with developmental disabilities, the office of mental 3 health, the commissioner of education, the commissioner of alcoholism 4 and substance abuse services, the commissioner of social services, the 5 state advocate for the disabled and the commission on quality of care 6 for the mentally disabled. In addition, the council shall consist of the 7 following persons: five persons appointed by the governor, three of whom 8 shall be persons with traumatic brain injury and two of whom shall be 9 representative of the public and have a demonstrated expertise and 10 interest in traumatic brain injury; two persons appointed by the tempo- 11 rary president of the senate, one of whom shall be a person with trau- 12 matic brain injury and one of whom shall be representative of the public 13 and have a demonstrated expertise and interest in traumatic brain inju- 14 ry; two persons appointed by the speaker of the assembly, one of whom 15 shall be a person with traumatic brain injury and one of whom shall be 16 representative of the public and have a demonstrated expertise and 17 interest in traumatic brain injury, one person appointed by the minority 18 leader of the senate who shall be a person with traumatic brain injury 19 or be representative of the public and have a demonstrated expertise and 20 interest in traumatic brain injury; and one person appointed by the 21 minority leader of the assembly who shall be a person with traumatic 22 brain injury or be representative of the public and have a demonstrated 23 expertise and interest in traumatic brain injury. Of the five persons 24 appointed by the governor, three shall serve for a term of one year, one 25 shall serve for a term of two years and one shall serve for a term of 26 three years. Of the two persons appointed by the temporary president of 27 the senate, one shall serve for a term of two years and one shall serve 28 for a term of three years. Of the two persons appointed by the speaker 29 of the assembly, one shall serve for a term of two years and one shall 30 serve for a term of three years. The person appointed by the minority 31 leader of the senate and the person appointed by the minority leader of 32 the assembly shall serve for a term of one year. Subsequent appointments 33 for vacancies shall be for a term of three years and shall be filled in 34 the same manner as the original appointment. 35 § 20. Subparagraph (ii) of paragraph (e) of subdivision 2-a of section 36 2807 of the public health law, as amended by section 15 of part C of 37 chapter 58 of the laws of 2009, is amended to read as follows: 38 (ii) Notwithstanding this subdivision and any other contrary provision 39 of law, the commissioner may incorporate within the payment methodology 40 described in subparagraph (i) of this paragraph payment for services 41 provided by facilities pursuant to licensure under the mental hygiene 42 law, provided, however, that such APG payment methodology may be phased 43 into effect in accordance with a schedule or schedules as jointly deter- 44 mined by the commissioner, the commissioner of mental health, the 45 commissioner of alcoholism and substance abuse services, and the commis- 46 sioner of [mental retardation and] the office for people with develop- 47 mental disabilities. 48 § 21. Paragraph (c) of subdivision 1 of section 2807-d of the public 49 health law, as added by section 193 of part A of chapter 389 of the laws 50 of 1997, is amended to read as follows: 51 (c) On and after December first, nineteen hundred ninety-seven, the 52 term "general hospital", as used in this section, includes specialty 53 hospitals for persons who are developmentally disabled, licensed by the 54 office [of mental retardation and] for people with developmental disa- 55 bilities and which are also issued an operating certificate pursuant to 56 section twenty-eight hundred five of this article.S. 5991 11 1 § 22. The opening paragraph of section 2978 of the public health law, 2 as amended by chapter 8 of the laws of 2010, is amended to read as 3 follows: 4 The commissioners of mental health and [mental retardation and] the 5 office for people with developmental disabilities shall establish such 6 regulations as may be necessary for implementation of this article with 7 respect to those persons in mental hygiene facilities. 8 § 23. The opening paragraph of subdivision 1 of section 2979 of the 9 public health law, as amended by chapter 8 of the laws of 2010, is 10 amended to read as follows: 11 The commissioners of mental health and [mental retardation and] the 12 office for people with developmental disabilities shall prepare a state- 13 ment summarizing the rights, duties, and requirements of this article 14 and shall require that a copy of such statement: 15 § 24. Subdivision 10 of section 2980 of the public health law, as 16 amended by chapter 23 of the laws of 1994, is amended to read as 17 follows: 18 10. "Mental hygiene facility" means a residential facility, excluding 19 family care homes, operated or licensed by the office of mental health 20 or the office [of mental retardation and] for people with developmental 21 disabilities. 22 § 25. Subdivision 2 of section 2991 of the public health law, as added 23 by chapter 752 of the laws of 1990, is amended to read as follows: 24 2. Such procedures shall be established in accordance with regulations 25 issued by the commissioners of health, mental health, and [mental retar-26dation and] the office for people with developmental disabilities for 27 facilities subject to their respective regulatory authorities. 28 § 26. Section 2993 of the public health law, as added by chapter 752 29 of the laws of 1990, is amended to read as follows: 30 § 2993. Regulations. The commissioner of health, in consultation with 31 the commissioners of the office of mental health and the office [of32mental retardation and] for people with developmental disabilities, 33 shall establish such regulations as may be necessary for the implementa- 34 tion of this article, subject to the provisions of subdivision two of 35 section two thousand nine hundred ninety-one of this article. 36 § 27. Subdivision 20 of section 2994-a of the public health law, as 37 added by chapter 8 of the laws of 2010, is amended to read as follows: 38 20. "Mental hygiene facility" means a facility operated or licensed by 39 the office of mental health or the office [of mental retardation and] 40 for people with developmental disabilities as defined in subdivision six 41 of section 1.03 of the mental hygiene law. 42 § 28. Paragraph (c) of subdivision 3 of section 2994-b of the public 43 health law, as added by chapter 8 of the laws of 2010, is amended to 44 read as follows: 45 (c) If a health care decision for a patient cannot be made under 46 [paragraphs] paragraph (a) or (b) of this subdivision, but consent for 47 the decision may be provided pursuant to the mental hygiene law or regu- 48 lations of the office of mental health or the office [of mental retarda-49tion and] for people with developmental disabilities, then the decision 50 shall be governed by such statute or regulations and not by this arti- 51 cle. 52 § 29. Subdivision 2 of section 2994-t of the public health law, as 53 added by chapter 8 of the laws of 2010, is amended to read as follows: 54 2. The commissioner, in consultation with the commissioners of the 55 office of mental health and the office [of mental retardation and] for 56 people with developmental disabilities, shall promulgate regulationsS. 5991 12 1 identifying the credentials of health care professionals qualified to 2 provide an independent determination, pursuant to subdivision three of 3 section twenty-nine hundred ninety-four-c of this article, that a 4 patient lacks decision-making capacity because of mental illness or 5 developmental disability. 6 § 30. Subdivision 12 of section 2994-aa of the public health law, as 7 added by chapter 8 of the laws of 2010, is amended to read as follows: 8 12. "Mental hygiene facility" means a residential facility operated or 9 licensed by the office of mental health or the office [of mental retar-10dation and] for people with developmental disabilities. 11 § 31. Subdivision 4 of section 3 of the public lands law, as amended 12 by chapter 785 of the laws of 1982, is amended to read as follows: 13 4. Notwithstanding any other provision of this chapter or other stat- 14 ute, the commissioner of general services, upon the application of any 15 state department, or a division, bureau or agency thereof, or upon the 16 application of any state agency, may transfer to such state department, 17 division, bureau, or agency, or state agency, the jurisdiction over any 18 lands, including lands under water, abandoned canal lands and salt 19 springs reservation land, upon such terms and conditions as the commis- 20 sioner may deem just and proper and upon the consent of the department, 21 or a division, bureau or agency thereof, or any state agency, already 22 having jurisdiction over such lands and notwithstanding any other 23 provision of this chapter or other statute, authority to give such 24 consent is hereby conferred upon the head of any such state department, 25 or a division, bureau or agency thereof, or any state agency; provided, 26 however, that if the commissioner of general services determines that 27 any such land under the jurisdiction of any state department, or a divi- 28 sion, bureau or agency thereof, or any state agency other than a public 29 authority or public benefit corporation is under utilized or is not 30 being utilized in a manner consistent with the best interests of the 31 state, such commissioner may on his own initiative, and without the 32 application or consent referred to above but subject to the procedure 33 and review provided in section two-a of this article, transfer the 34 jurisdiction over such land to any other state department, or a divi- 35 sion, bureau or agency thereof, or any other state agency other than a 36 public authority or public benefit corporation. Should such land be 37 under the jurisdiction of the office of mental health or the office [of38mental retardation and] for people with developmental disabilities upon 39 which a community residential facility for the disabled as defined in 40 section 41.34 of the mental hygiene law exists, the commissioner of 41 general services shall, prior to transferring the jurisdiction over such 42 land to any other state department, or a division, bureau or agency 43 thereof, or any other state agency other than a public authority or 44 public benefit corporation offer such land for sale at public auction 45 pursuant to section thirty-three of this chapter; provided, however, 46 that the provisions of section four hundred six of the eminent domain 47 procedure law shall apply to such property. 48 § 32. Subdivisions 3 and 4 of section 30-a of the public lands law, as 49 added by chapter 785 of the laws of 1982, are amended to read as 50 follows: 51 3. Upon the filing of a declaration of abandonment by the commissioner 52 of the office of mental health or by the commissioner of the office [of53mental retardation and] for people with developmental disabilities of 54 state-owned lands upon which a community residential facility for the 55 disabled as defined in section 41.34 of the mental hygiene law exists, 56 and with an approval thereof by the commissioner of general services,S. 5991 13 1 such lands shall become unappropriated state lands; and prior to being 2 transferred to the jurisdiction of another state agency shall be offered 3 for sale at public auction pursuant to section thirty-three of this 4 article; provided, however, that the provisions of section four hundred 5 six of the eminent domain procedure law shall apply to such property. 6 4. Should state-owned real property under the jurisdiction of the 7 office of mental health or the office [of mental retardation and] for 8 people with developmental disabilities and upon which a community resi- 9 dential facility for the disabled as defined in section 41.34 of the 10 mental hygiene law exists, be declared abandoned by the commissioner of 11 general services pursuant to subdivision two of this section, such real 12 property shall become unappropriated state lands; and prior to being 13 transferred to the jurisdiction of another state agency, shall be 14 offered for sale at public auction pursuant to section thirty-three of 15 this article; provided, however, that the provisions of section four 16 hundred six of the eminent domain procedure law shall apply to such 17 property. 18 § 33. Subdivision 23 of section 305 of the education law, as added by 19 chapter 515 of the laws of 1992, is amended to read as follows: 20 23. The commissioner shall have primary responsibility for the devel- 21 opment and implementation of integrated employment opportunities includ- 22 ing short-term and intensive supported employment services and, as 23 appropriate, long-term extended support services and shall coordinate 24 with the commissioner of social services, the commissioner of the office 25 of mental health and the commissioner of the office [of mental retarda-26tion and] for people with developmental disabilities under an integrated 27 employment implementation plan, pursuant to article twenty-one of this 28 chapter. 29 § 34. Subparagraph (i) of paragraph (j) of subdivision 1 of section 30 414 of the education law, as added by chapter 513 of the laws of 2005, 31 is amended to read as follows: 32 (i) For the purposes of this subdivision, the term "licensed school- 33 based health, dental or mental health clinic" means a clinic that is 34 located in a school facility of a school district or board of cooper- 35 ative educational services, is operated by an entity other than the 36 school district or board of cooperative educational services and will 37 provide health, dental or mental health services during school hours 38 and/or non-school hours to school-age and preschool children, and that 39 is: (1) a health clinic approved under the provisions of chapter one 40 hundred ninety-eight of the laws of nineteen hundred seventy-eight; or 41 (2) another school-based health or dental clinic licensed by the depart- 42 ment of health pursuant to article twenty-eight of the public health 43 law; or (3) a school-based mental health clinic licensed or approved by 44 the office of mental health pursuant to article thirty-one of the mental 45 hygiene law; or (4) a school-based mental health clinic licensed by the 46 office [of mental retardation and] for people with developmental disa- 47 bilities pursuant to article sixteen of the mental hygiene law. 48 § 35. Paragraphs a and c of subdivision 2 and the closing paragraph of 49 subdivision 3 of section 1004-b of the education law, as added by chap- 50 ter 515 of the laws of 1992, are amended to read as follows: 51 a. The commissioner, in consultation with and with the agreement of 52 the commissioners of mental health, [mental retardation and] the office 53 for people with developmental disabilities and social services shall 54 develop a state interagency plan for the implementation of integrated 55 employment opportunities for individuals with severe disabilities, 56 including supported employment. Such plan shall be designed so as toS. 5991 14 1 ensure that the state's integrated employment efforts, including the 2 supported employment program, are planned, developed and implemented 3 comprehensively, with roles and responsibilities of the respective agen- 4 cies well-defined. Such plan shall reflect the department's primary 5 responsibility for the development of integrated employment opportu- 6 nities for individuals with severe disabilities, including short-term 7 and intensive supported employment services, as well as appropriate 8 responsibilities for long term extended support services. Such plan 9 shall specify the role and responsibilities of each such agency in 10 assuring that: 11 c. The commissioner, in consultation with the commissioners of the 12 office of mental health, the office [of mental retardation and] for 13 people with developmental disabilities and the department of social 14 services, shall develop an audit protocol to verify the actual costs of 15 providing such programs. 16 The commissioners of the office of mental health, the office [of17mental retardation and] for people with developmental disabilities, and 18 the department of social services shall provide any information required 19 to assist the commissioner in making such report. 20 § 36. Paragraph c and subparagraphs 1, 2 and 13 of paragraph d of 21 subdivision 5 of section 3202 of the education law, paragraph c as added 22 by chapter 66 of the laws of 1978, subparagraph 2 of paragraph c as 23 amended by section 26 of part B of chapter 57 of the laws of 2007, 24 subparagraphs 1 and 2 as amended by chapter 260 of the laws of 1993 and 25 subparagraph 13 as amended by chapter 273 of the laws of 1986 and renum- 26 bered by chapter 57 of the laws of 1993, are amended to read as follows: 27 c. (1) The education department is authorized to reimburse each school 28 district furnishing educational services to children residing in schools 29 for the mentally retarded operated by the office [of mental retardation30and] for people with developmental disabilities for the direct cost of 31 such services in accordance with regulations promulgated by the commis- 32 sioner and approved by the director of the budget. 33 (2) The school district in which each such child resided at the time 34 the office [of mental retardation and] for people with developmental 35 disabilities assumed responsibility for the support and maintenance of 36 such child shall reimburse the education department for its expenditures 37 on behalf of such child, in an amount equal to the school district basic 38 contribution as such term is defined in subdivision eight of section 39 forty-four hundred one of this chapter, for any such child admitted to a 40 state school for the retarded on or after July first, nineteen hundred 41 seventy-eight. The comptroller may deduct from any state funds which 42 become due to a school district an amount equal to the reimbursement 43 required to be made by such school district in accordance with this 44 paragraph and the amount so deducted shall not be included in the 45 approved operating expense of such district for the purpose of computing 46 the approved operating expenses pursuant to paragraph t of subdivision 47 one of section thirty-six hundred two of this chapter. 48 (1) Children who reside in an intermediate care facility for the 49 mentally retarded, other than a state operated school for the mentally 50 retarded, as defined in regulations of the office [of mental retardation51and] for people with developmental disabilities, shall be admitted to 52 the public schools, except as otherwise provided in subparagraph four- 53 teen of this paragraph. The trustees or board of education of the 54 school district in which such facility is located shall receive such 55 children in the school or schools of the district for instruction and 56 for the provision of necessary related services for a compensation to beS. 5991 15 1 fixed by the trustees or board of education, unless such trustees or 2 board of education shall establish to the satisfaction of the commis- 3 sioner of education that there are valid and sufficient reasons for 4 refusal to receive such children. Evaluation of the educational needs 5 of such children and placement in appropriate educational programs shall 6 be made in accordance with article eighty-nine of this chapter. 7 (2) A child who resides in an individualized residential alternative 8 as defined in regulations of the office [of mental retardation and] for 9 people with developmental disabilities which is located in a school 10 district other than the school district in which such child's parent or 11 person in parental relation resided at the time such child was placed in 12 an institution under the auspices of such office shall be deemed to 13 reside in an intermediate care facility for purposes of this subdivision 14 to the extent such child is enrolled in a home and community based waiv- 15 er program approved by the Health Care Financing Administration. 16 (13) The school district providing educational services to children 17 placed pursuant to this paragraph shall provide a report on the status 18 of each such child with a handicapping condition annually to the commit- 19 tee on special education of the school district in which the child 20 resided at the time of admission to the intermediate care facility for 21 the mentally retarded. Such report shall also be sent to the parent or 22 guardian of the child and the office [of mental retardation and] for 23 people with developmental disabilities. 24 § 37. The opening paragraph of clause (c) of subparagraph 4 and the 25 opening paragraph and clauses (a) and (b) of subparagraph 5 of paragraph 26 b of subdivision 1 of section 4402 of the education law, the opening 27 paragraph of clause (c) of subparagraph 4 as amended by chapter 378 of 28 the laws of 2007, the opening paragraph and clauses (a) and (b) of 29 subparagraph 5 as amended by chapter 256 of the laws of 1988, are 30 amended to read as follows: 31 The committee on special education, with the consent of the parent or 32 person in parental relation or the student, if he or she is over the age 33 of eighteen, shall request in writing a designee of the appropriate 34 county or state agency to participate, in accordance with guidelines 35 established by the department, in any proceeding of the committee where 36 a child is at risk of residential placement. The committee shall forward 37 a copy of any such request to the office [of mental retardation and] for 38 people with developmental disabilities and the office of mental health. 39 A designee or designees of the agency may participate in any such 40 proceeding for the purpose of making recommendations concerning the 41 appropriateness of residential placement and other programs and place- 42 ment alternatives, including, but not limited to, community support 43 services that may be available to the family. Such designee or designees 44 shall not be considered members of the committee. Such designee or 45 designees shall include, but not be limited to, representatives of any 46 agency receiving coordinated children's services initiative funding as 47 referenced in the aid to localities budget, of a local interagency coor- 48 dinating body, of the social services district, the local mental health 49 agency, or health department, or of the developmental disabilities 50 service office, as appropriate. The name of such designee or designees, 51 if any, shall be made available to each committee on special education 52 in the county. In addition, with the consent of the parent or other 53 person in parental relation, the committee may confer with other appro- 54 priate providers of services to identify any services that may be of 55 benefit to the family based on the family's identification of or the 56 committee's observation of family services needs. As used in this chap-S. 5991 16 1 ter, the term "county" means county as defined in section four thousand 2 one of this [article] title, and the term "appropriate agency" means one 3 of the following agencies: 4 The committee on special education or, in the case of a state operated 5 school, the multidisciplinary team shall provide written notice that a 6 child who is placed in those residential programs specified in para- 7 graphs d, g, h and l of subdivision two of section forty-four hundred 8 one of this article is not entitled to receive tuition free educational 9 services after the age of twenty-one, the receipt of a high school 10 diploma or the time described in subdivision five of this section. Such 11 written notice shall be provided to the child and to the parents or 12 legal guardian of such child when such child attains the age of eighteen 13 or, if such child is over the age of eighteen when placed in such a 14 residential program, at the time of placement. Upon the first annual 15 review after the age of fifteen of a child who is receiving non-residen- 16 tial special services or programs as specified in paragraph a, b, c, d, 17 e, f, i, j, l or m of subdivision two of section forty-four hundred one 18 of this article, or is receiving special services or programs in a day 19 program at the human resources school; is receiving such special 20 services or programs one hundred per centum of the school day; is 21 receiving individualized attention or intervention because of intensive 22 management needs or a severe handicap; and, as determined by the commit- 23 tee on special education or multidisciplinary team pursuant to regu- 24 lations promulgated by the commissioner, may need adult services from 25 the office of mental health, office [of mental retardation and] for 26 people with developmental disabilities, the state department of social 27 services, a social services district, or the state education department, 28 the committee or multidisciplinary team shall provide to such child's 29 parent or guardian, and if such child is eighteen years of age or older, 30 to the child, written notice that such child is not entitled to receive 31 tuition free educational services after the receipt of a high school 32 diploma, the age of twenty-one or the time described in subdivision five 33 of this section. 34 (a) Written notice given pursuant to this subparagraph shall describe 35 in detail the opportunity to consent to have the child's name and other 36 relevant information forwarded in a report to the commissioner of mental 37 health, commissioner of [mental retardation and] the office for people 38 with developmental disabilities, commissioner of social services, or 39 commissioner of education, or their designees, for the purpose of deter- 40 mining whether such child will likely need adult services and, if so, 41 recommending possible adult services. For the purposes of this subpara- 42 graph "relevant information" shall be defined as that information in the 43 possession of and used by the committee or the multidisciplinary team to 44 ascertain the physical, mental, emotional and cultural-educational 45 factors which contribute to the child's handicapping condition, includ- 46 ing but not limited to: (i) results of physical and psychological exam- 47 inations performed by private and school district physicians and 48 psychologists; (ii) relevant information presented by the parent, guard- 49 ian and teacher; (iii) school data which bear on the child's progress 50 including the child's most recent individualized education program; (iv) 51 results of the most recent examinations and evaluations performed pursu- 52 ant to clause (d) of subparagraph three of this paragraph; and (v) 53 results of other suitable evaluations and examinations possessed by the 54 committee or multidisciplinary team. Nothing in this subparagraph shall 55 be construed to require any committee or multidisciplinary team to 56 perform any examination or evaluation not otherwise required by law.S. 5991 17 1 (b) Upon consent obtained pursuant to clause (c) of this subparagraph, 2 the committee or multidisciplinary team shall forward the child's name 3 and other relevant information in a report to the commissioner of mental 4 health, commissioner of [mental retardation and] the office for people 5 with developmental disabilities, commissioner of social services, or 6 commissioner of education, or their designees, for the development of a 7 recommendation for adult services pursuant to section 7.37 or 13.37 of 8 the mental hygiene law, section three hundred ninety-eight-c of the 9 social services law or subdivision ten of section forty-four hundred 10 three of this article. The committee or multidisciplinary team shall 11 determine which commissioner shall receive the report by considering the 12 child's handicapping condition and physical, mental, emotional and 13 social needs. The committee shall forward additional and updated rele- 14 vant information to the commissioner of mental health, commissioner of 15 [mental retardation and] the office for people with developmental disa- 16 bilities, [commmissioner] commissioner of social services, or commis- 17 sioner of education, or their designees, upon the request for such 18 information by such commissioner or designee. 19 § 38. The opening paragraph of clause (c) of subparagraph 4 of para- 20 graph b of subdivision 1 of section 4402 of the education law, as 21 amended by chapter 600 of the laws of 1994, is amended to read as 22 follows: 23 The committee on special education shall request in writing a designee 24 of the appropriate county or state agency to participate, in accordance 25 with guidelines established by the department, in any proceeding of the 26 committee where a child is at risk of residential placement. The commit- 27 tee shall forward a copy of any such request to the office [of mental28retardation and] for people with developmental disabilities and the 29 office of mental health. A designee or designees of the agency may 30 participate in any such proceeding for the purpose of making recommenda- 31 tions concerning the appropriateness of residential placement and other 32 programs and placement alternatives, including, but not limited to, 33 community support services that may be available to the family. Such 34 designee or designees shall not be considered members of the committee. 35 Such designee or designees shall include, but not be limited to, repre- 36 sentatives of any agency receiving coordinated children's services 37 initiative funding as referenced in the aid to localities budget, of a 38 local interagency coordinating body, of the social services district, 39 the local mental health agency, or health department, or of the develop- 40 mental disabilities service office, as appropriate. The name of such 41 designee or designees, if any, shall be made available to each committee 42 on special education in the county. In addition, with the consent of the 43 parent or other person in parental relationship, the committee may 44 confer with other appropriate providers of services to identify any 45 services that may be of benefit to the family based on the family's 46 identification of or the committee's observation of family services 47 needs. As used in this chapter, the term "county" means county as 48 defined in section four thousand one of this [article] title, and the 49 term "appropriate agency" means one of the following agencies: 50 § 39. Paragraph b of subdivision 4 of section 6503-a of the education 51 law, as added by chapter 130 of the laws of 2010, is amended to read as 52 follows: 53 b. any entity operated by a New York state or federal agency, poli- 54 tical subdivision, municipal corporation, or local government agency or 55 unit pursuant to authority granted by law, including but not limited to 56 any entity operated by the office of mental health, the office [ofS. 5991 18 1mental retardation and] for people with developmental disabilities, or 2 the office of alcoholism and substance abuse services under articles 3 seven, thirteen, and nineteen of the mental hygiene law, respectively. 4 § 40. Paragraph a of subdivision 3 of section 6507 of the education 5 law, as amended by chapter 554 of the laws of 2013, is amended to read 6 as follows: 7 a. Establish standards for preprofessional and professional education, 8 experience and licensing examinations as required to implement the arti- 9 cle for each profession. Notwithstanding any other provision of law, the 10 commissioner shall establish standards requiring that all persons apply- 11 ing, on or after January first, nineteen hundred ninety-one, initially, 12 or for the renewal of, a license, registration or limited permit to be a 13 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 14 trist, psychiatrist, psychologist, licensed master social worker, 15 licensed clinical social worker, licensed creative arts therapist, 16 licensed marriage and family therapist, licensed mental health counse- 17 lor, licensed psychoanalyst, dental hygienist, licensed behavior 18 analyst, or certified behavior analyst assistant shall, in addition to 19 all the other licensure, certification or permit requirements, have 20 completed two hours of coursework or training regarding the identifica- 21 tion and reporting of child abuse and maltreatment. The coursework or 22 training shall be obtained from an institution or provider which has 23 been approved by the department to provide such coursework or training. 24 The coursework or training shall include information regarding the phys- 25 ical and behavioral indicators of child abuse and maltreatment and the 26 statutory reporting requirements set out in sections four hundred thir- 27 teen through four hundred twenty of the social services law, including 28 but not limited to, when and how a report must be made, what other 29 actions the reporter is mandated or authorized to take, the legal 30 protections afforded reporters, and the consequences for failing to 31 report. Such coursework or training may also include information regard- 32 ing the physical and behavioral indicators of the abuse of individuals 33 with mental retardation and other developmental disabilities and volun- 34 tary reporting of abused or neglected adults to the office [of mental35retardation and] for people with developmental disabilities or the local 36 adult protective services unit. Each applicant shall provide the depart- 37 ment with documentation showing that he or she has completed the 38 required training. The department shall provide an exemption from the 39 child abuse and maltreatment training requirements to any applicant who 40 requests such an exemption and who shows, to the department's satisfac- 41 tion, that there would be no need because of the nature of his or her 42 practice for him or her to complete such training; 43 § 41. Subdivision b of section 6738 of the education law, as amended 44 by chapter 532 of the laws of 1999, is amended to read as follows: 45 b. Notwithstanding the provisions of subdivision a of this section, 46 supervision of a physical therapist assistant by a licensed physical 47 therapist, (i) in a residential health care facility, as defined in 48 article twenty-eight of the public health law, (ii) in a diagnostic and 49 treatment center licensed under article twenty-eight of the public 50 health law that provides, as its principal mission, services to individ- 51 uals with developmental disabilities, (iii) in a facility, as defined in 52 section 1.03 of the mental hygiene law, or (iv) under a monitored 53 program of the office [of mental retardation and] for people with devel- 54 opmental disabilities as defined in subdivision (a) of section 13.15 of 55 the mental hygiene law, shall be continuous but not necessarily on site 56 when the supervising physical therapist has determined, through evalu-S. 5991 19 1 ation, the setting of goals and the establishment of a treatment plan, 2 that the program is one of maintenance as defined pursuant to title 3 XVIII of the federal social security act. The provisions of this subdi- 4 vision shall not apply to the provision of physical therapy services 5 when the condition requires multiple adjustments of sequences and proce- 6 dures due to rapidly changing physiological status and/or response to 7 treatment, or to children under five years of age. 8 § 42. Paragraph 1 of subdivision a of section 89-t of the retirement 9 and social security law, as added by chapter 657 of the laws of 1998, is 10 amended to read as follows: 11 1. "Qualifying member" shall mean any member who is in service as a 12 safety officer under the jurisdiction of the office of mental health or 13 the office [of mental retardation and] for people with developmental 14 disabilities, an institutional safety officer, or a special policeman 15 designated by the director of a state hospital. 16 § 43. Subdivision (e) of section 17 of the social services law, as 17 added by chapter 515 of the laws of 1992, is amended to read as follows: 18 (e) work cooperatively with the commissioner of the office of mental 19 health and the commissioner of the office [of mental retardation and] 20 for people with developmental disabilities to assist the commissioner of 21 education in furnishing integrated employment services to individuals 22 with severe disabilities, including the development of an integrated 23 employment implementation plan pursuant to article twenty-one of the 24 education law; 25 § 44. Paragraph (h) of subdivision 3 of section 34 of the social 26 services law, as added by chapter 600 of the laws of 1994, is amended to 27 read as follows: 28 (h) in consultation with the department of education, the department 29 of health, the division for youth, the office [of mental retardation30and] for people with developmental disabilities and the office of mental 31 health, establish guidelines for the acceptance by social services offi- 32 cials of notices that children in foster care are at risk of educational 33 placements, as provided for in subparagraph four of paragraph b of 34 subdivision one of section forty-four hundred two of the education law. 35 Such guidelines shall be designed to assure that the social services 36 district receiving such a notice inquire into the educational needs of 37 the child and the circumstances of the foster care placement, and to 38 assure that the social services district responds as appropriate to any 39 request by a committee on special education to participate in the 40 proceedings of the committee; 41 § 45. The opening paragraph of paragraph (c) of subdivision 1 of 42 section 122 of the social services law, as amended by chapter 214 of the 43 laws of 1998, is amended to read as follows: 44 The following persons, not described in paragraph (a) or (b) of this 45 subdivision, shall, if otherwise eligible, be eligible for safety net 46 assistance and medical assistance, except that medical assistance shall 47 be limited to care and services (not including care and services related 48 to an organ transplant procedure) necessary for the treatment of an 49 emergency medical condition as that term is defined in section 1903 of 50 the federal social security act unless and until federal financial 51 participation is available for the costs of providing medical assistance 52 provided, however, that any such person who, on the fourth day of 53 August, nineteen hundred ninety-seven was residing in a residential 54 health care facility licensed by the department of health or in a resi- 55 dential facility licensed, operated or funded by the office of mental 56 health or the office [of mental retardation and] for people with devel-S. 5991 20 1 opmental disabilities, and was in receipt of a medical assistance 2 authorization based on a finding that he or she was a person permanently 3 residing in the United States under color of law shall, if otherwise 4 eligible, be eligible for medical assistance and provided, further, that 5 any such person who, on the fourth day of August, nineteen hundred nine- 6 ty-seven, was diagnosed as having AIDS, as defined in subdivision one of 7 section two thousand seven hundred eighty of the public health law, and 8 was in receipt of medical assistance authorization pursuant to title 9 eleven of article five of this chapter based on a finding that he or she 10 was a person permanently residing in the United States under color of 11 law shall, if otherwise eligible, be eligible for medical assistance: 12 § 46. Subdivision 1 of section 138-a of the social services law, as 13 amended by chapter 791 of the laws of 1983, is amended to read as 14 follows: 15 1. Any inconsistent provision of this chapter or other law notwith- 16 standing, the department shall be responsible for furnishing public 17 assistance and care to mentally disabled persons residing in family care 18 homes licensed by the office of mental health or the office [of mental19retardation and] for people with developmental disabilities who are 20 admitted to such facilities in accordance with regulations of the office 21 which licenses the facility. However, the department may, at its option, 22 discharge such responsibility, in whole or in part, through social 23 services districts designated to act as agents of the department. While 24 so designated, a social services district shall act as agent of the 25 department and shall be entitled to reimbursement as provided in section 26 one hundred fifty-three of this chapter. 27 § 47. Subdivision 2-a and paragraph (e) of subdivision 3 of section 28 209 of the social services law, subdivision 2-a as amended by chapter 29 450 of the laws of 1987 and paragraph (e) of subdivision 3 as amended by 30 section 48 of part C of chapter 58 of the laws of 2005, are amended to 31 read as follows: 32 2-a. Notwithstanding any inconsistent provision of subparagraph (ii) 33 of paragraph (d) of subdivision one of this section, an individual who 34 is receiving or is eligible to receive federal supplemental security 35 income payments and/or additional state payments and who is a resident 36 of a residential health care facility as defined by section twenty-eight 37 hundred one of the public health law, shall, in accordance with regu- 38 lations of the department, be entitled to a state payment for personal 39 needs in the amount of fifteen dollars a month, provided, however, that 40 on or after January first, nineteen hundred eighty-eight the state 41 payment for personal needs for such persons shall be in the amount of 42 twenty-five dollars a month. Notwithstanding any inconsistent provision 43 of subparagraph (ii) of paragraph (d) of subdivision one of this 44 section, on or after January first, nineteen hundred eighty-eight, a 45 resident of an intermediate care facility operated or issued an operat- 46 ing certificate by the office [of mental retardation and] for people 47 with developmental disabilities or a patient of a hospital operated by 48 the office of mental health as defined in subdivision ten of section 49 1.03 of the mental hygiene law who is receiving or is eligible to 50 receive supplemental security income payments and/or additional state 51 payments shall receive a state payment for personal needs in the amount 52 of five dollars a month. The department is authorized to promulgate 53 necessary regulations to provide for the time and manner for payment of 54 such personal allowance to such individuals. 55 (e) "Receiving enhanced residential care" shall mean residing in a 56 privately operated school for the mentally retarded and developmentallyS. 5991 21 1 disabled which is certified by the office [of mental retardation and] 2 for people with developmental disabilities of the department of mental 3 hygiene, in accordance with applicable provisions of law and regulations 4 or an adult home, or enriched housing program certified by the depart- 5 ment of health in accordance with applicable law, rules and regulations 6 to the extent permitted by federal law and regulations. 7 § 48. Paragraph (l) of subdivision 1 of section 364-j of the social 8 services law, as amended by chapter 649 of the laws of 1996, is amended 9 to read as follows: 10 (l) "Responsible special care agency". Whichever of the following 11 state agencies has responsibility for the special care in question: the 12 department of health, the office of mental health, the office [of mental13retardation and] for people with developmental disabilities, or the 14 office of alcoholism and substance abuse services. 15 § 49. Paragraph (a) of subdivision 9 of section 365-a of the social 16 services law, as added by section 14 of part B of chapter 109 of the 17 laws of 2010, is amended to read as follows: 18 (a) Notwithstanding any inconsistent provision of law, any utilization 19 controls on occupational therapy or physical therapy, including but not 20 limited to, prior approval of services, utilization thresholds or other 21 limitations imposed on such therapy services in relation to a chronic 22 condition in clinics certified under article twenty-eight of the public 23 health law or article sixteen of the mental hygiene law shall be: (i) 24 developed by the department of health in concurrence with the office [of25mental retardation and] for people with developmental disabilities; and 26 (ii) in accord with nationally recognized professional standards. In the 27 event that nationally recognized professional standards do not exist, 28 such thresholds shall be based upon the reasonably recognized profes- 29 sional standards of those with a specific expertise in treating individ- 30 uals served by clinics certified under article twenty-eight of the 31 public health law or article sixteen of the mental hygiene law. 32 § 50. Clauses (i) and (ii) of subparagraph 10 of paragraph (a) of 33 subdivision 2, clause (ix) of paragraph b and paragraphs d, e, f, g, i, 34 k, l and m of subdivision 7 of section 366 of the social services law, 35 clause (i) as added by chapter 705 of the laws of 1988, clause (ii) as 36 amended by chapter 855 of the laws of 1990, clause (ix) of paragraph b 37 and paragraphs d, e, f, g, i, k, l and m of subdivision 7 as amended by 38 chapter 324 of the laws of 2004, are amended to read as follows: 39 (i) A person who is receiving or is eligible to receive federal 40 supplemental security income payments and/or additional state payments 41 is entitled to a personal needs allowance as follows: 42 (A) for the personal expenses of a resident of a residential health 43 care facility, as defined by section twenty-eight hundred one of the 44 public health law, the amount of fifty-five dollars per month; 45 (B) for the personal expenses of a resident of an intermediate care 46 facility operated or licensed by the office [of mental retardation and] 47 for people with developmental disabilities or a patient of a hospital 48 operated by the office of mental health, as defined by subdivision ten 49 of section 1.03 of the mental hygiene law, the amount of thirty-five 50 dollars per month. 51 (ii) A person who neither receives nor is eligible to receive federal 52 supplemental security income payments and/or additional state payments 53 is entitled to a personal needs allowance as follows: 54 (A) for the personal expenses of a resident of a residential health 55 care facility, as defined by section twenty-eight hundred one of the 56 public health law, the amount of fifty dollars per month;S. 5991 22 1 (B) for the personal expenses of a resident of an intermediate care 2 facility operated or licensed by the office [of mental retardation and] 3 for people with developmental disabilities or a patient of a hospital 4 operated by the office of mental health, as defined by subdivision ten 5 of section 1.03 of the mental hygiene law, the amount of thirty-five 6 dollars per month. 7 (ix) meet such other criteria as may be established by the commission- 8 er of health, in conjunction with the commissioner of [mental retarda-9tion and] the office for people with developmental disabilities, as may 10 be necessary to administer the provisions of this subdivision in an 11 equitable manner, including those criteria established pursuant to para- 12 graph d of this subdivision. 13 d. The commissioner of health, in conjunction with the commissioner of 14 [mental retardation and] the office for people with developmental disa- 15 bilities, shall establish selection criteria to ensure that participants 16 are those who are most in need and reflect an equitable geographic 17 distribution. Such selection criteria shall include, but not be limited 18 to, the imminent risk of institutionalization, the financial burden 19 imposed upon the family as a result of the child's health care needs, 20 and the level of stress within the family unit due to the unrelieved 21 burden of caring for the child at home. 22 e. Social services districts, in consultation with the office [of23mental retardation and] for people with developmental disabilities, 24 shall assess the eligibility of persons in accordance with the 25 provisions of paragraph b of this subdivision, as well as the selection 26 criteria established by the commissioner of health and the commissioner 27 of [mental retardation and] the office for people with developmental 28 disabilities as required by paragraph d of this subdivision. 29 f. The commissioner of health, in conjunction with the commissioner of 30 [mental retardation and] the office for people with developmental disa- 31 bilities, shall designate persons to assess the eligibility of persons 32 under consideration for participation in the waiver program. Persons 33 designated by such commissioners may include the person's physician, a 34 representative of the social services district, representative of the 35 appropriate developmental disabilities services office and such other 36 persons as the commissioners deem appropriate. The assessment shall 37 include, but need not be limited to, an evaluation of the health, 38 psycho-social, developmental, habilitation and environmental needs of 39 the person and shall serve as the basis for the development and 40 provision of an appropriate plan of care for such person. 41 g. Prior to a person's participation in the waiver program, the office 42 [of mental retardation and] for people with developmental disabilities 43 shall undertake or arrange for the development of a written plan of care 44 for the provision of services consistent with the level of care deter- 45 mined by the assessment, in accordance with criteria established by the 46 commissioner of health, in consultation with the commissioner of [mental47retardation and] the office for people with developmental disabilities. 48 Such plan of care shall be reviewed by such commissioners prior to the 49 provision of services pursuant to the waiver program. 50 i. The office [of mental retardation and] for people with develop- 51 mental disabilities shall designate who may provide the home and commu- 52 nity-based services identified in paragraph h of this subdivision, 53 subject to the approval of the commissioner of health. 54 k. Before a person may participate in the waiver program specified in 55 paragraph a of this subdivision, the office [of mental retardation and] 56 for people with developmental disabilities shall determine that there isS. 5991 23 1 a reasonable expectation that the annual medical assistance expenditures 2 for such person under the waiver would not exceed the expenditures for 3 care in an intermediate care facility for the developmentally disabled 4 that would have been made had the waiver not been granted. 5 l. The commissioner of health, in conjunction with the commissioner of 6 [mental retardation and] the office for people with developmental disa- 7 bilities, shall review the plans of care and expenditure estimates prior 8 to the participation of any person in the waiver program. 9 m. Within one year of federal waiver approval, and on an annual basis 10 thereafter, until such time as the waiver program is fully implemented, 11 the commissioner of health, in conjunction with the commissioner of 12 [mental retardation and] the office for people with developmental disa- 13 bilities, shall report on the status of the waiver program to the gover- 14 nor and the legislature. Such report shall specify the number of chil- 15 dren participating in the waiver program, the geographic distribution of 16 those so participating, health profiles, service costs and length of 17 time the children have participated in the waiver program. The report 18 shall also provide follow-up information on children who have withdrawn 19 from the waiver program, including data on residential program place- 20 ments. 21 § 51. The closing paragraph of subdivision 4 of section 366-c of the 22 social services law, as amended by section 42 of part D of chapter 58 of 23 the laws of 2009, is amended to read as follows: 24 provided, however, that, to the extent required by federal law, the 25 terms of this subdivision shall not apply to persons who are receiving 26 care, services and supplies pursuant to the following waivers under 27 section 1915(c) of the federal social security act: the nursing facility 28 transition and diversion waiver authorized pursuant to subdivision six-a 29 of section three hundred sixty-six of this title; the traumatic brain 30 injury waiver authorized pursuant to section twenty-seven hundred forty 31 of the public health law, the long term home health care program waiver 32 authorized pursuant to section three hundred sixty-seven-c of this 33 title, and the home and community based services waiver for persons with 34 developmental disabilities administered by the office [of mental retar-35dation and] for people with developmental disabilities pursuant to an 36 agreement with the federal centers for medicare and Medicaid services. 37 § 52. Subparagraph (iii) of paragraph (b) of subdivision 6 of section 38 367-a of the social services law, as amended by section 15 of part B of 39 chapter 57 of the laws of 2015, is amended to read as follows: 40 (iii) individuals who are inpatients in a medical facility who have 41 been required to spend all of their income for medical care, except 42 their personal needs allowance or residents of community based residen- 43 tial facilities licensed by the office of mental health or the office 44 [of mental retardation and] for people with developmental disabilities 45 who have been required to spend all of their income, except their 46 personal needs allowance; 47 § 53. Paragraph (h) of subdivision 1 of section 368-a of the social 48 services law, as amended by section 22 of part H of chapter 686 of the 49 laws of 2003, is amended to read as follows: 50 (h) (i) Beginning January first, nineteen hundred eighty-four, one 51 hundred per centum of the amount expended for medical assistance for 52 those individuals who are eligible pursuant to section three hundred 53 sixty-six of this article as a result of a mental disability as deter- 54 mined by the commissioner in consultation with the commissioner of the 55 office of mental health and the commissioner of the office [of mental56retardation and] for people with developmental disabilities and with theS. 5991 24 1 approval of the director of the budget after first deducting therefrom 2 any federal funds properly received or to be received on account there- 3 of. 4 (ii) Notwithstanding any other provision of law to the contrary, on 5 and after the effective date of this subparagraph, the department of 6 health shall make no further recovery or recoupment of monies that were 7 advanced to local social services districts, during the period from 8 April first, nineteen hundred ninety-two to the effective date of this 9 subparagraph, to cover the medical assistance costs pursuant to this 10 paragraph for rehabilitative services for residents of community resi- 11 dences licensed or operated by the office of mental health or for office 12 [of mental retardation and] for people with developmental disabilities 13 home and community based waiver services. 14 § 54. Subclause 2 of clause (c) of subparagraph (ii) of paragraph (a) 15 of subdivision 1 of section 390 of the social services law, as added by 16 chapter 750 of the laws of 1990, is amended to read as follows: 17 (2) providing day treatment under an operating certificate issued by 18 the office of mental health or office [of mental retardation and] for 19 people with developmental disabilities; or 20 § 55. Paragraph (c) of subdivision 13 and subdivision 14 of section 21 398 of the social services law, paragraph (c) of subdivision 13 as added 22 by chapter 544 of the laws of 1982, subdivision 14 as added by chapter 23 570 of the laws of 1983, paragraph (a) as amended by chapter 387 of the 24 laws of 1999 and such subdivisions as renumbered by chapter 419 of the 25 laws of 1987, are amended to read as follows: 26 (c) When a child's report is submitted to the council on children and 27 families pursuant to this subdivision, the council shall cooperate with 28 adult service providers, such as the department of social services, the 29 office [of mental retardation] for people with and developmental disa- 30 bilities, the office of mental health and the office of vocational reha- 31 bilitation of the education department in planning and coordinating such 32 child's return to New York state for adult services. The council shall 33 arrange with the appropriate state agency for the development of a 34 recommendation of all appropriate in-state programs operated, licensed, 35 certified or authorized by such agency and which may be available when 36 such child attains the age of twenty-one. Such recommendation of all 37 programs shall be made available to the parent or guardian of such child 38 at least six months before such child attains the age of twenty-one. All 39 records, reports and information received, compiled or maintained by the 40 council pursuant to this subdivision shall be subject to the confiden- 41 tiality requirements of the department. 42 14. (a) In the case of a child who is developmentally disabled as 43 such term is defined in section 1.03 of the mental hygiene law, 44 emotionally disturbed or physically handicapped and who is receiving 45 care in a group home, agency boarding home, or any child care facility 46 operated by an authorized agency with a capacity of thirteen or more 47 children, who attains the age of eighteen and who will continue in such 48 care after the age of eighteen, or who is placed in such care after the 49 age of eighteen, the social services official shall notify the parent or 50 guardian of such child that such care will terminate when such child 51 attains the age of twenty-one provided, however, that any such child in 52 receipt of educational services and under the care and custody of a 53 local department of social services who reaches the age of twenty-one 54 during the period commencing on the first day of September and ending on 55 the thirtieth day of June shall be entitled to continue in such program 56 until the thirtieth day of June or until the termination of the schoolS. 5991 25 1 year, whichever shall first occur. Such notice shall be in writing and 2 shall describe in detail the parent's or guardian's opportunity to 3 consent to having such child's name and other information forwarded in a 4 report to the commissioner of mental health, commissioner of [mental5retardation and] the office for people with developmental disabilities, 6 commissioner of education or commissioner of the office of children and 7 family services or their designees for the purpose of determining wheth- 8 er such child will likely need services after the age of twenty-one and, 9 if so, recommending possible adult services. 10 (b) Upon the written consent of the parent or guardian, and notwith- 11 standing section three hundred seventy-two of this article, the social 12 services official shall submit a report on such child's possible need 13 for services after age twenty-one to the commissioner of mental health, 14 commissioner of [mental retardation and] the office for people with 15 developmental disabilities, commissioner of social services or commis- 16 sioner of education or their designees for the development of a recom- 17 mendation pursuant to section 7.37 or 13.37 of the mental hygiene law, 18 section three hundred ninety-eight-c of this [article] title or subdivi- 19 sion ten of section four thousand four hundred three of the education 20 law. The social services official shall determine which commissioner 21 shall receive the report by considering the child's handicapping condi- 22 tion. If the social services official determines that the child will 23 need adult services from the department and such social services offi- 24 cial is the commissioner's designee pursuant to this subdivision and 25 section three hundred ninety-eight-c of this [article] title, such 26 social services official shall perform the services described in section 27 three hundred ninety-eight-c of this [article] title. 28 (c) A copy of such report shall also be submitted to the department at 29 the same time that such report is submitted to the commissioner of 30 mental health, commissioner of [mental retardation and] the office for 31 people with developmental disabilities or commissioner of education or 32 their designees. 33 (d) When the social services official is notified by the commissioner 34 who received the report that such state agency is not responsible for 35 determining and recommending adult services for the child, the social 36 services official shall forward the report to another commissioner; or, 37 if the social services official determines that there exists a dispute 38 between state agencies as to which state agency has the responsibility 39 for determining and recommending adult services, the social services 40 official may forward the report to the council on children and families 41 for a resolution of such dispute. 42 (e) The social services official shall prepare and submit an annual 43 report to the department on October first, nineteen hundred eighty-four 44 and thereafter on or before October first of each year. Such annual 45 report shall contain the number of cases submitted to each commissioner 46 pursuant to paragraph (b) of this subdivision, the type and severity of 47 the handicapping condition of each such case, the number of notices 48 received which deny responsibility for determining and recommending 49 adult services, and other information necessary for the department and 50 the council on children and families to monitor the need for adult 51 services, but shall not contain personally identifying information. The 52 department shall forward copies of such annual reports to the council on 53 children and families. All information received by the council on chil- 54 dren and families pursuant to this paragraph shall be subject to the 55 confidentiality requirements of the department.S. 5991 26 1 § 56. Subdivision 1 of section 463 of the social services law, as 2 amended by chapter 465 of the laws of 1992, is amended to read as 3 follows: 4 1. "Community residential facility" means any facility operated or 5 subject to licensure by the state which provides a supervised residence 6 for mentally, emotionally, physically, or socially disabled persons or 7 for persons in need of supervision or juvenile delinquents. This term 8 includes, but is not limited to, community residences for the mentally 9 disabled operated or licensed by the offices of mental health or [mental10retardation and] office for people with developmental disabilities or by 11 the divisions of the office of alcoholism and substance abuse, agency 12 operated boarding homes, group homes or private proprietary homes for 13 adults operated or licensed by the department of social services, group 14 homes operated by, contracted for or licensed by the division for youth 15 and half-way houses operated or licensed by the division of substance 16 abuse services. 17 § 57. Section 466-a of the social services law, as amended by chapter 18 405 of the laws of 1998, is amended to read as follows: 19 § 466-a. Agreements. The department shall enter into memorandums of 20 understanding with the office of mental health and the office [of mental21retardation and] for people with developmental disabilities. The memo- 22 randums with the office [of mental retardation and] for people with 23 developmental disabilities and the office of mental health shall facili- 24 tate access by those offices to child care facilities providing transi- 25 tional care to young adults as may be necessary for those offices to 26 meet their responsibilities for monitoring the care of the young adults. 27 § 58. Subdivision 1 of section 483 of the social services law, as 28 amended by section 62 of part A of chapter 56 of the laws of 2010, is 29 amended to read as follows: 30 1. There shall be a council on children and families established with- 31 in the office of children and family services consisting of the follow- 32 ing members: the state commissioner of children and family services, the 33 commissioner of temporary and disability assistance, the commissioner of 34 mental health, the commissioner of [mental retardation and] the office 35 for people with developmental disabilities, the commissioner of the 36 office of alcoholism and substance abuse services, the commissioner of 37 education, the director of the office of probation and correctional 38 alternatives, the commissioner of health, the commissioner of the divi- 39 sion of criminal justice services, the state advocate for persons with 40 disabilities, the director of the office for the aging, the commissioner 41 of labor, and the chair of the commission on quality of care for the 42 mentally disabled. The governor shall designate the chair of the council 43 and the chief executive officer (CEO). 44 § 59. Subparagraph (i) of paragraph (a) of subdivision 3 of section 45 483-c of the social services law, as amended by section 63 of part A of 46 chapter 56 of the laws of 2010, is amended to read as follows: 47 (i) State tier III team. There is hereby established a state team 48 designated as the "tier III team", which shall consist of the chair of 49 the council, the commissioners of children and family services, mental 50 health, health, education, alcohol and substance abuse services, and 51 [mental retardation and] the office for people with developmental disa- 52 bilities, and the director of the office of probation and correctional 53 alternatives, or their designated representatives, and representatives 54 of families of children with emotional and/or behavioral disorders. 55 Other representatives may be added at the discretion of such team.S. 5991 27 1 § 60. Subdivision 1 of section 483-d of the social services law, as 2 amended by section 18 of part A of chapter 56 of the laws of 2010, is 3 amended to read as follows: 4 1. Committee established. There is hereby established within the 5 council an out-of-state placement committee comprised of the commission- 6 er of children and family services, the commissioner of mental health, 7 the commissioner of [mental retardation and] the office for people with 8 developmental disabilities, the commissioner of education, the commis- 9 sioner of alcoholism and substance abuse services, the commissioner of 10 health, and the director of the office of probation and correctional 11 alternatives. 12 § 61. Subdivision 1 of section 483-e of the social services law, as 13 added by chapter 624 of the laws of 2006, is amended to read as follows: 14 1. Committee established. There is hereby established within the coun- 15 cil a restraint and crisis intervention technique committee comprised of 16 the commissioner of children and family services, the commissioner of 17 mental health, the commissioner of [mental retardation and] the office 18 for people with developmental disabilities, the commissioner of educa- 19 tion and the commissioner of health. The committee shall include at 20 least two representatives of statewide and regional provider organiza- 21 tions that represent providers of educational and residential services 22 to children, at least two mental health professionals who provide direct 23 care on a regular basis to children served by the program types provided 24 in subdivision two of this section and at least one representative of 25 parents of children requiring special services. 26 § 62. Subdivision 1 of section 483-f of the social services law, as 27 added by chapter 413 of the laws of 2009, is amended to read as follows: 28 1. The council, in accordance with section 7.43 of the mental hygiene 29 law, shall assist the commissioner of mental health with the implementa- 30 tion of the children's plan, developed pursuant to chapter six hundred 31 sixty-seven of the laws of two thousand six. State child-serving agen- 32 cies involved in the development of such plan shall assist, as needed, 33 with such plan's implementation and such agencies shall sign off on all 34 future reports and plans. Such agencies shall include, but not be limit- 35 ed to, the office of mental health, the office [of mental retardation36and] for people with developmental disabilities, the office of alcohol- 37 ism and substance abuse services, the commission on quality of care and 38 advocacy for persons with disabilities, the office of children and fami- 39 ly services, the state education department, the department of health, 40 and the department of probation and correctional alternatives. 41 § 63. Subdivision (l) of section 3 of the cooperative corporations 42 law, as added by chapter 225 of the laws of 1987, is amended to read as 43 follows: 44 (l) The terms "buying, selling or leasing homes for its members" and 45 "conducting housing" shall include but not be limited to, the purposes 46 and uses of residential facilities for the mentally disabled licensed by 47 the office of mental health or the office [of mental retardation and] 48 for people with developmental disabilities. 49 § 64. Subdivision 1 of section 206 of the elder law is amended to read 50 as follows: 51 1. The director is hereby authorized and directed, to the extent 52 appropriations are available therefor, to develop, establish and operate 53 training and technical assistance programs, including caregiver resource 54 centers, caregiver networks, and other support activities, for informal 55 caregivers throughout the state for the purposes of assisting such care- 56 givers and improving the quality of care provided to frail and disabledS. 5991 28 1 persons. The director shall also make available and encourage the utili- 2 zation of such training programs in consultation with the commissioner 3 of health, the commissioner of the office of children and family 4 services, the commissioner of mental health, and the commissioner of 5 [mental retardation and] the office for people with developmental disa- 6 bilities. 7 § 65. Subdivision 6 of section 622 of the correction law, as added by 8 chapter 7 of the laws of 2007, is amended to read as follows: 9 6. Staff of the office of mental health and the office [of mental10retardation and] for people with developmental disabilities may be 11 consulted about the inmate's treatment needs and may assist in providing 12 any additional treatment services determined to be clinically appropri- 13 ate to address the inmate's underlying mental abnormality or disorder. 14 Such treatment services shall be provided using professionally accepted 15 treatment protocols. 16 § 66. Subdivision 12 of section 2.10 of the criminal procedure law, as 17 added by chapter 843 of the laws of 1980, is amended to read as follows: 18 12. Special policemen designated by the commissioner and the directors 19 of in-patient facilities in the office of mental health pursuant to 20 section 7.25 of the mental hygiene law, and special policemen designated 21 by the commissioner and the directors of facilities under his jurisdic- 22 tion in the office [of mental retardation and] for people with develop- 23 mental disabilities pursuant to section 13.25 of the mental hygiene law; 24 provided, however, that nothing in this subdivision shall be deemed to 25 authorize such officers to carry, possess, repair or dispose of a 26 firearm unless the appropriate license therefor has been issued pursuant 27 to section 400.00 of the penal law. 28 § 67. Paragraphs (a), (b), and (d) of subdivision 1 of section 330.20 29 of the criminal procedure law, as added by chapter 548 of the laws of 30 1980, are amended to read as follows: 31 (a) "Commissioner" means the state commissioner of mental health or 32 the state commissioner of [mental retardation and] the office for people 33 with developmental [disability] disabilities. 34 (b) "Secure facility" means a facility within the state office of 35 mental health or the state office [of mental retardation and] for people 36 with developmental disabilities which is staffed with personnel 37 adequately trained in security methods and is so equipped as to minimize 38 the risk or danger of escapes, and which has been so specifically desig- 39 nated by the commissioner. 40 (d) "Mentally ill" means that a defendant currently suffers from a 41 mental illness for which care and treatment as a patient, in the in-pa- 42 tient services of a psychiatric center under the jurisdiction of the 43 state office of mental health, is essential to such defendant's welfare 44 and that his judgment is so impaired that he is unable to understand the 45 need for such care and treatment; and, where a defendant is mentally 46 retarded, the term "mentally ill" shall also mean, for purposes of this 47 section, that the defendant is in need of care and treatment as a resi- 48 dent in the in-patient services of a developmental center or other resi- 49 dential facility for the mentally retarded and developmentally disabled 50 under the jurisdiction of the state office [of mental retardation and] 51 for people with developmental disabilities. 52 § 68. Section 725.15 of the criminal procedure law, as amended by 53 chapter 7 of the laws of 2007, is amended to read as follows: 54 § 725.15 Sealing of records. 55 Except where specifically required or permitted by statute or upon 56 specific authorization of the court that directed removal of an actionS. 5991 29 1 to the family court all official records and papers of the action up to 2 and including the order of removal, whether on file with the court, a 3 police agency or the division of criminal justice services, are confi- 4 dential and must not be made available to any person or public or 5 private agency, provided however that availability of copies of any such 6 records and papers on file with the family court shall be governed by 7 provisions that apply to family court records, and further provided that 8 all official records and papers of the action shall be included in those 9 records and reports that may be obtained upon request by the commission- 10 er of mental health or commissioner of [mental retardation and] the 11 office for people with developmental disabilities, as appropriate; the 12 case review panel; and the attorney general pursuant to section 10.05 of 13 the mental hygiene law. 14 § 69. Subdivisions 3 and 4 of section 730.10 of the criminal procedure 15 law, as amended by chapter 440 of the laws of 1987, are amended to read 16 as follows: 17 3. "Commissioner" means the state commissioner of mental health or the 18 state commissioner of [mental retardation and] the office for people 19 with developmental disabilities. 20 4. "Director" means (a) the director of a state hospital operated by 21 the office of mental health or the director of a developmental center 22 operated by the office [of mental retardation and] for people with 23 developmental disabilities, or (b) the director of a hospital operated 24 by any local government of the state that has been certified by the 25 commissioner as having adequate facilities to examine a defendant to 26 determine if he is an incapacitated person, or (c) the director of 27 community mental health services. 28 § 70. Subdivision (a) of section 249 of the family court act, as sepa- 29 rately amended by chapter 41 of the laws of 2010 and chapter 3 of the 30 laws of 2012, is amended to read as follows: 31 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 32 this act or where a revocation of an adoption consent is opposed under 33 section one hundred fifteen-b of the domestic relations law or in any 34 proceeding under section three hundred fifty-eight-a, three hundred 35 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b 36 of the social services law or when a minor is sought to be placed in 37 protective custody under section one hundred fifty-eight of this act, 38 the family court shall appoint an attorney to represent a minor who is 39 the subject of the proceeding or who is sought to be placed in protec- 40 tive custody, if independent legal representation is not available to 41 such minor. In any proceeding to extend or continue the placement of a 42 juvenile delinquent or person in need of supervision pursuant to section 43 seven hundred fifty-six or 353.3 of this act or any proceeding to extend 44 or continue a commitment to the custody of the commissioner of mental 45 health or the commissioner of [mental retardation and] the office for 46 people with developmental disabilities pursuant to section 322.2 of this 47 act, the court shall not permit the respondent to waive the right to be 48 represented by counsel chosen by the respondent, respondent's parent, or 49 other person legally responsible for the respondent's care, or by 50 assigned counsel. In any proceeding under article ten-B of this act, the 51 family court shall appoint an attorney to represent a youth, under the 52 age of twenty-one, who is the subject of the proceeding, if independent 53 legal representation is not available to such youth. In any other 54 proceeding in which the court has jurisdiction, the court may appoint an 55 attorney to represent the child, when, in the opinion of the family 56 court judge, such representation will serve the purposes of this act, ifS. 5991 30 1 independent legal counsel is not available to the child. The family 2 court on its own motion may make such appointment. 3 § 71. Subdivisions 2-a and 2-b of section 3 of section 1 of chapter 4 359 of the laws of 1968, constituting the facilities development corpo- 5 ration act, as added by chapter 547 of the laws of 1979, are amended to 6 read as follows: 7 2-a. "Department" means the department of mental hygiene and the 8 offices of mental health, [mental retardation and developmental disabil-9ities] and alcoholism and substance abuse and the office for people with 10 developmental disabilities of such department. 11 2-b. "Commissioner" means the commissioner of mental health, the 12 commissioner of [mental retardation and] the office for people with 13 developmental disabilities, the director of the division of alcoholism 14 and alcohol abuse and the director of the division of substance abuse. 15 § 72. Subdivision 13-f of section 5 of section 1 of chapter 359 of the 16 laws of 1968, constituting the facilities development corporation act, 17 as added by chapter 90 of the laws of 1989, is amended to read as 18 follows: 19 13-f. The executive director of the facilities development corporation 20 is authorized and empowered to enter into and implement agreements under 21 which the facilities development corporation may designate the commis- 22 sioner of the office of mental health, the commissioner of the office 23 [of mental retardation and] for people with developmental disabilities, 24 the director of the division of substance abuse services, or the direc- 25 tor of the division of alcoholism and alcohol abuse, with respect to 26 their respective facilities, as agents for the facilities development 27 corporation with respect to the financing of voluntary provider not-for- 28 profit community development, and under which such commissioners and 29 directors may act as its agent, with respect to any and all duties for 30 such corporation as set forth and contained in this act. The commission- 31 ers, the directors, and the executive director shall enter into such 32 agreements, subject to the approval of the director of the budget, which 33 delineate the respective duties of each party when such commissioners 34 and directors are designated agents of such corporation. 35 § 73. Subdivision 6 of section 5-a of section 1 of chapter 392 of the 36 laws of 1973, constituting the medical care facilities finance agency 37 act, as added by chapter 855 of the laws of 1986, is amended to read as 38 follows: 39 6. As used in this section or in connection with federally-aided mort- 40 gage loan regarding residential facilities for the mentally retarded and 41 developmentally disabled or the mentally disabled or for the care, 42 treatment, training and education of the mentally retarded and develop- 43 mentally disabled or the mentally disabled the term "commissioner" shall 44 also mean the commissioner of mental health or the commissioner of 45 [mental retardation and] the office for people with developmental disa- 46 bilities. 47 § 74. Subdivision cc of section 17-502 of the administrative code of 48 the city of New York, as added by local law number 47 of the city of New 49 York for the year 2002, is amended to read as follows: 50 cc. "Day treatment program" means a facility which is (i) licensed by 51 the state department of health or the office of alcoholism and substance 52 abuse services, the office of mental health, or the office [of mental53retardation and] for people with developmental disabilities within the 54 state department of mental hygiene to provide treatment to aid in the 55 rehabilitation or recovery of its patients based on a structured envi- 56 ronment requiring patient participation for no less than three hoursS. 5991 31 1 each day; or (ii) which is authorized by the state commissioner of 2 health to conduct a program pursuant to section 80.135 of title ten of 3 the New York code of rules and regulations. 4 § 75. This act shall take effect immediately; provided however: 5 a. the amendments to clause (c) of subparagraph 4 of paragraph b of 6 subdivision 1 of section 4402 of the education law made by section thir- 7 ty-seven of this act shall not affect the expiration and reversion of 8 such clause as provided by subdivision d of section 27 of chapter 378 of 9 the laws of 2007, as amended, when upon such date the provisions of 10 section thirty-eight of this act shall take effect; 11 b. the amendments to paragraph (1) of subdivision 1 of section 364-j 12 of the social services law made by section forty-eight of this act shall 13 not affect the repeal of such section and shall be deemed repealed ther- 14 ewith; 15 c. the amendments to subdivision four of section 366-c of the social 16 services law made by section fifty-one of this act shall not affect the 17 expiration of such subdivision and shall be deemed to expire therewith; 18 and 19 d. section seventy of this act shall take effect on the same date as 20 the reversion of subdivision (a) of section 249 of the family court act 21 as provided in section 8 of chapter 29 of the laws of 2011, as amended.
