Bill Text: NY S06195 | 2021-2022 | General Assembly | Amended
Bill Title: Replaces certain instances of the term "mentally retarded" with the term "individuals with developmental disabilities".
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2022-05-18 - SUBSTITUTED BY A7443C [S06195 Detail]
Download: New_York-2021-S06195-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6195--B Cal. No. 837 2021-2022 Regular Sessions IN SENATE April 14, 2021 ___________ Introduced by Sens. PERSAUD, MANNION, GAUGHRAN, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- recommitted to the Committee on Social Services in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- reported favora- bly from said committee to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the social services law, in relation to replacing certain instances of the term "mentally retarded" with the term "indi- viduals with developmental disabilities" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 5 of section 62 of the social 2 services law, as amended by chapter 344 of the laws of 1973, is amended 3 to read as follows: 4 (c) When a [mentally ill, mentally retarded or epileptic person] 5 person with a mental illness or developmental disability is in need of 6 public assistance or care while on convalescent status or community 7 status from a state hospital or institution under the provisions of 8 section 29.15 of the mental hygiene law, the public welfare district, 9 town or city from which he was admitted to such hospital or institution 10 shall be responsible for providing and paying for such assistance or 11 care as in the case of other persons requiring public assistance and 12 care, except that such responsibility shall continue during any period 13 such person is on convalescent status or community status outside the 14 territory of such public welfare district, town or city and shall 15 continue thereafter in accordance with the provisions of this paragraph 16 and paragraph (b) of this subdivision if such person was receiving or 17 should have been receiving public assistance or care from such public EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10591-05-2S. 6195--B 2 1 welfare district, town or city outside its territory at the time he was 2 discharged from such convalescent status or community status. 3 § 2. The opening paragraph of subdivision 1 of section 131-o of the 4 social services law, as amended by section 45 of part C of chapter 58 of 5 the laws of 2005, is amended to read as follows: 6 Each individual receiving family care, residential care or care in a 7 school for [the mentally retarded] individuals with developmental disa- 8 bilities, or enhanced residential care as those terms are defined in 9 section two hundred nine of this chapter, and who is receiving benefits 10 under the program of additional state payments pursuant to this chapter 11 while receiving such care, shall be entitled to a monthly personal 12 allowance out of such benefits in the following amount: 13 § 3. Section 199 of the social services law, as amended by chapter 322 14 of the laws of 2021, is amended to read as follows: 15 § 199. Power of commissioner of public welfare to detain certain 16 incarcerated individuals. The commissioner of public welfare shall have 17 power to detain in the public home, pending a vacancy for such person in 18 a state institution, a person over the age of sixteen who has been 19 certified as [mentally retarded or epileptic] an individual with a 20 developmental disability in accordance with the provisions of the mental 21 hygiene law and for whom an application for admission to a state insti- 22 tution has been made. Whenever the commissioner shall so detain an 23 incarcerated individual in the public home he or she shall at once noti- 24 fy the state department of mental hygiene. 25 § 4. Paragraph (e) of subdivision 3 of section 209 of the social 26 services law, as amended by chapter 672 of the laws of 2019, is amended 27 to read as follows: 28 (e) "Receiving enhanced residential care" shall mean residing in a 29 privately operated school for [the mentally retarded and developmentally30disabled] individuals with developmental disabilities which is certified 31 by the office for people with developmental disabilities of the depart- 32 ment of mental hygiene, in accordance with applicable provisions of law 33 and regulations or an adult home, or enriched housing program certified 34 by the department of health in accordance with applicable law, rules and 35 regulations to the extent permitted by federal law and regulations. 36 § 5. Subdivision 1 of section 210 of the social services law, as 37 amended by chapter 515 of the laws of 2006, is amended to read as 38 follows: 39 1. Any inconsistent provisions of this title or any other law notwith- 40 standing, but subject to the provisions of subdivisions two and three of 41 this section, an individual who is deemed to have met the eligibility 42 criteria for additional state payments pursuant to paragraph (c) of 43 subdivision one of section two hundred nine of this title, shall be 44 entitled to receive for each month after December, nineteen hundred 45 seventy-three an additional state payment in an amount which, when added 46 to the supplemental security income benefit and other countable income, 47 is equal to such individual's December, nineteen hundred seventy-three 48 cash grant of assistance under the state's program of old age assist- 49 ance, assistance to the blind, aid to the disabled or the combined 50 program of aid to aged, blind and disabled persons, plus income not 51 excluded under such state program, plus an amount equal to the January, 52 nineteen hundred seventy-two bonus value of food stamps as determined in 53 accordance with the regulations of the office of temporary and disabili- 54 ty assistance plus, for any month after June, nineteen hundred seventy- 55 five, an amount reflecting the federal supplemental security increases 56 resulting from July first, nineteen hundred seventy-five cost of livingS. 6195--B 3 1 increases in such benefits, plus for any month after June, nineteen 2 hundred eighty-two, an amount equal to the July first, nineteen hundred 3 eighty-two federal supplemental security income cost of living adjust- 4 ment, providing such individual was eligible to receive a mandatory 5 state supplement for the month of December, nineteen hundred eighty-one, 6 plus for any month after June, nineteen hundred eighty-three, an amount 7 equal to $17.70 for individuals, $26.55 for couples who are living alone 8 or living with others and $35.40 for couples receiving family care, 9 residential care or care in schools for [the mentally retarded] individ- 10 uals with developmental disabilities, plus for any month after December, 11 nineteen hundred eighty-three, an amount equal to $9.70 for individuals, 12 $15.60 for couples who are living alone or living with others and $19.40 13 for couples receiving family care, residential care or care in schools 14 for [the mentally retarded] individuals with developmental disabilities, 15 plus for any month after December, nineteen hundred eighty-four, an 16 amount equal to $11.00 for individuals, $16.00 for couples who are 17 living alone or living with others and $22.00 for couples receiving 18 family care, residential care or care in schools for [the mentally19retarded] individuals with developmental disabilities, plus for any 20 month after December, nineteen hundred eighty-five, an amount equal to 21 $11.00 for individuals, $16.00 for couples who are living alone or 22 living with others and $22.00 for couples receiving family care, resi- 23 dential care or care in schools for [the mentally retarded] individuals 24 with developmental disabilities, plus for any month after December, 25 nineteen hundred eighty-six an amount equal to $4.00 for individuals, 26 $6.00 for couples who are living alone or living with others and $8.00 27 for couples receiving family care, residential care or care in schools 28 for [the mentally retarded] individuals with developmental disabilities, 29 plus for any month after December, nineteen hundred eighty-seven an 30 amount equal to $14.00 for individuals, $22.00 for couples who are 31 living alone or living with others and $28.00 for couples receiving 32 family care, residential care or care in schools for [the mentally33retarded] individuals with developmental disabilities, plus for any 34 month after December, nineteen hundred eighty-eight an amount equal to 35 $14.00 for individuals, $21.00 for couples who are living alone or 36 living with others and $28.00 for couples receiving family care, resi- 37 dential care or care in schools for [the mentally retarded] individuals 38 with developmental disabilities, plus for any other month after Decem- 39 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ- 40 uals, $27.00 for couples who are living alone or living with others and 41 $36.00 for couples receiving family care, residential care or care in 42 schools for [the mentally retarded] individuals with developmental disa- 43 bilities, plus for any month after December, nineteen hundred ninety an 44 amount equal to $21.00 for individuals, $31.00 for couples who are 45 living alone or living with others and $42.00 for couples receiving 46 family care, residential care or care in schools for [the mentally47retarded] individuals with developmental disabilities, plus for any 48 month after December, nineteen hundred ninety-one an amount equal to 49 $15.00 for individuals, $23.00 for couples who are living alone or 50 living with others and $30.00 for couples receiving family care, resi- 51 dential care or care in schools for [the mentally retarded] individuals 52 with developmental disabilities, plus for any month after December, 53 nineteen hundred ninety-two, an amount equal to $12.00 for individuals, 54 $19.00 for couples who are living alone or living with others and $24.00 55 for couples receiving family care, residential care or care in schools 56 for [the mentally retarded] individuals with developmental disabilities,S. 6195--B 4 1 plus for any month after December, nineteen hundred ninety-three an 2 amount equal to $12.00 for individuals, $17.00 for couples who are 3 living alone or living with others and $24.00 for couples receiving 4 family care, residential care or care in schools for [the mentally5retarded] individuals with developmental disabilities, plus for any 6 month after December, nineteen hundred ninety-four an amount equal to 7 $12.00 for individuals, $18.00 for couples who are living alone or 8 living with others and $24.00 for couples receiving family care, resi- 9 dential care or care in schools for [the mentally retarded] individuals 10 with developmental disabilities, plus for any month after December, 11 nineteen hundred ninety-five an amount equal to $12.00 for individuals, 12 $18.00 for couples who are living alone or living with others and $24.00 13 for couples receiving family care, residential care or care in schools 14 for [the mentally retarded] individuals with developmental disabilities, 15 plus for any month after December, nineteen hundred ninety-six, an 16 amount equal to $14.00 for individuals and $21.00 for couples plus for 17 any month after December, nineteen hundred ninety-seven an amount equal 18 to $10.00 for individuals and $15.00 for couples plus for any month 19 after December, nineteen hundred ninety-eight an amount equal to $6.00 20 for individuals and $11.00 for couples plus for any month after Decem- 21 ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ- 22 uals and $18.00 for couples plus for any month after December, two thou- 23 sand an amount equal to $18.00 for individuals and $27.00 for couples 24 plus for any month after December, two thousand one an amount equal to 25 $15.00 for individuals and $21.00 for couples plus for any month after 26 December, two thousand two an amount equal to $7.00 for individuals and 27 $12.00 for couples plus for any month after December, two thousand three 28 an amount equal to $12.00 for individuals and $17.00 for couples plus 29 for any month after December, two thousand four an amount equal to 30 $15.00 for individuals and $23.00 for couples plus for any month after 31 December, two thousand five an amount equal to $24.00 for individuals 32 and $35.00 for couples plus for any month after December, two thousand 33 six an amount equal to the amount of any increases in federal supple- 34 mental security income benefits for individuals or couples pursuant to 35 section 1617 of the Social Security Act (42 USC § 1382f) which become 36 effective on or after January first, two thousand seven. 37 § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4 38 of section 365 of the social services law, paragraph (c) of subdivision 39 2 as amended by chapter 516 of the laws of 1973 and paragraph (a) of 40 subdivision 4 as amended by chapter 170 of the laws of 1994, are amended 41 to read as follows: 42 (c) who are patients in that part of a public institution operated for 43 the care of [the mentally retarded] individuals with developmental disa- 44 bilities that has been approved pursuant to law as a hospital or nursing 45 home; 46 (a) who are patients in that part of a public institution operated for 47 the care of [the mentally retarded] individuals with developmental disa- 48 bilities that has been approved pursuant to law as an intermediate care 49 facility or who are participating in a program operated by the depart- 50 ment of mental hygiene or by a voluntary agency under an agreement with 51 such department, in that part of such a facility that has been approved 52 as a day treatment program in accordance with the regulations of the 53 state commissioner of mental hygiene; 54 § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1, 55 clauses (vii), (viii) and (ix) of subparagraph 1 of paragraph (d) and 56 clauses (vii), (viii) and (ix) of subparagraph 1 of paragraph (e) ofS. 6195--B 5 1 subdivision 5 of section 366 of the social services law, clause (iii) of 2 subparagraph 2 of paragraph (e) of subdivision 1 as added by section 1 3 of part D of chapter 56 of the laws of 2013, clauses (vii), (viii) and 4 (ix) of subparagraph 1 of paragraph (d) of subdivision 5 as added by 5 chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para- 6 graph (e) of subdivision 5 as amended by section 51 of part C of chapter 7 58 of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1 of 8 paragraph (e) of subdivision 5 as added by section 26-a of part C of 9 chapter 109 of the laws of 2006, are amended to read as follows: 10 (iii) a patient in a public institution operated primarily for the 11 care of [the mentally retarded] individuals with developmental disabili- 12 ties who is receiving medical care or treatment in that part of such 13 institution that has been approved pursuant to law as a hospital or 14 nursing home; 15 (vii) "institutionalized individual" means any individual who is an 16 in-patient in a nursing facility, including an intermediate care facili- 17 ty for [the mentally retarded] individuals with developmental disabili- 18 ties, or who is an in-patient in a medical facility and is receiving a 19 level of care provided in a nursing facility, or who is receiving care, 20 services or supplies pursuant to a waiver granted pursuant to subsection 21 (c) of section 1915 of the federal social security act. 22 (viii) "intermediate care facility for [the mentally retarded] indi- 23 viduals with developmental disabilities" means a facility certified 24 under article sixteen of the mental hygiene law and which has a valid 25 agreement with the department for providing intermediate care facility 26 services and receiving payment therefor under title XIX of the federal 27 social security act. 28 (ix) "nursing facility" means a nursing home as defined by section 29 twenty-eight hundred one of the public health law and an intermediate 30 care facility for [the mentally retarded] individuals with developmental 31 disabilities. 32 (vii) "institutionalized individual" means any individual who is an 33 in-patient in a nursing facility, including an intermediate care facili- 34 ty for [the mentally retarded] individuals with developmental disabili- 35 ties, or who is an in-patient in a medical facility and is receiving a 36 level of care provided in a nursing facility, or who is described in 37 section 1902(a)(10)(A)(ii)(VI) of the federal social security act. 38 (viii) "intermediate care facility for [the mentally retarded] indi- 39 viduals with developmental disabilities" means a facility certified 40 under article sixteen of the mental hygiene law and which has a valid 41 agreement with the department for providing intermediate care facility 42 services and receiving payment therefor under title XIX of the federal 43 social security act. 44 (ix) "nursing facility" means a nursing home as defined by section 45 twenty-eight hundred one of the public health law and an intermediate 46 care facility for [the mentally retarded] individuals with developmental 47 disabilities. 48 § 8. The opening paragraph of subparagraph (ii) of paragraph (a) of 49 subdivision 2 of section 369 of the social services law, as amended by 50 section 62 of part C of chapter 60 of the laws of 2014, is amended to 51 read as follows: 52 with respect to the real property of an individual who is an inpatient 53 in a nursing facility, intermediate care facility for [the mentally54retarded] individuals with developmental disabilities, or other medical 55 institution, who is not reasonably expected to be discharged from the 56 medical institution and to return home, and who is required, as a condi-S. 6195--B 6 1 tion of receiving services in such institution under the state plan for 2 medical assistance, to spend for costs of medical care all but a minimal 3 amount of his or her income required for personal needs; provided, 4 however, any such lien will dissolve upon the individual's discharge 5 from the medical institution and return home; in addition, no such lien 6 may be imposed on the individual's home if one of the following persons 7 is lawfully residing in the home: 8 § 9. Paragraph (f) of subdivision 2 of section 473-e of the social 9 services law, as added by chapter 395 of the laws of 1995, is amended to 10 read as follows: 11 (f) a person named as a court-appointed evaluator or guardian in 12 accordance with article eighty-one of the mental hygiene law, or a 13 person named as a guardian for [the mentally retarded] individuals with 14 developmental disabilities in accordance with article seventeen-A of the 15 surrogate's court procedure act; or 16 § 10. Section 2 of the social services law is amended by adding two 17 new subdivisions 39 and 40 to read as follows: 18 39. "Mental illness" shall have the same meaning as defined in section 19 1.03 of the mental hygiene law. 20 40. "Developmental disability" shall have the same meaning as defined 21 in section 1.03 of the mental hygiene law. 22 § 11. This act shall take effect immediately.
