Bill Text: NY A03804 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to establish a temporary epilepsy task force and establishing the powers and duties thereof; and providing for the repeal of such provisions upon expiration thereof

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to mental health [A03804 Detail]

Download: New_York-2009-A03804-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3804
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by  M.  of A. LIFTON, SCHROEDER -- read once and referred to
         the Committee on Mental Health, Mental Retardation  and  Developmental
         Disabilities
       AN ACT to establish a temporary epilepsy task force and establishing the
         powers  and  duties  thereof;  and  providing  for  the repeal of such
         provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative intent. The legislature finds that the office
    2  of mental retardation  and  developmental  disabilities  promulgated  an
    3  advisory guideline (August 10, 2001) that includes an eligibility stand-
    4  ard  for  the services of such office that excludes many persons who are
    5  substantially handicapped by epilepsy.  The  legislature  further  finds
    6  that  this  advisory  guideline  conflicts  with the mental hygiene law,
    7  which includes epilepsy in its definition of a "developmental  disabili-
    8  ty".  To  correct this inconsistency and to adequately address the needs
    9  of consumers substantially  handicapped  by  epilepsy,  the  legislature
   10  finds that a temporary epilepsy task force should be established.
   11    S  2. A temporary epilepsy task force is hereby established to develop
   12  eligibility guidelines that are sensitive to the  disabling  effects  of
   13  epilepsy.  Such  task  force  shall develop a definition of "substantial
   14  handicap due to epilepsy", determine measurement  instruments  or  mech-
   15  anisms  that  could  be  used  to  establish substantial handicap due to
   16  epilepsy, consider the potential  progressive  nature  of  epilepsy  and
   17  address  the  "age  of  onset"  requirement  in qualifying for office of
   18  mental retardation and developmental disabilities services.
   19    S 3. The temporary epilepsy task force shall consist  of  15  members.
   20  The  commissioner  of  mental retardation and developmental disabilities
   21  shall be the chair of such task  force  and  a  non-voting  member.  The
   22  remaining  14  members shall be appointed as follows: two members by the
   23  governor, two members by the temporary  president  of  the  senate,  two
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02558-02-9
       A. 3804                             2
    1  members  by  the  speaker  of  the assembly, two members by the minority
    2  leader of the senate, two members by the minority leader of  the  assem-
    3  bly,  one member by the New York State Epilepsy Coalition, one member by
    4  the  Epilepsy  Foundation of New   York City, one member by the National
    5  Epilepsy Foundation of America, and one member by the American  Epilepsy
    6  Society.  All  members shall be appointed only if they have demonstrated
    7  an active interest in the treatment of persons with epilepsy or  in  the
    8  field  of  mental  retardation and developmental disabilities generally,
    9  with at least one of the two members appointed by the  governor,  tempo-
   10  rary  president  of the senate, speaker of the assembly, minority leader
   11  of the senate and minority leader of the assembly being actively engaged
   12  in the treatment of people with epilepsy. Vacancies in the membership of
   13  such task force shall be filled in  the  manner  provided  for  original
   14  appointments.
   15    S 4. The members of the temporary epilepsy task force shall receive no
   16  compensation  for  their services, but shall be allowed their actual and
   17  necessary expenses incurred in performing their duties pursuant to  this
   18  act.
   19    S 5. To the maximum extent feasible, the temporary epilepsy task force
   20  shall  be  entitled  to  request  and  receive, and shall utilize and be
   21  provided with such facilities, resources and data of any court,  depart-
   22  ment,  division, board, bureau, commission or agency of the state or any
   23  political subdivision thereof as it may reasonably request  to  properly
   24  carry out its powers and duties.
   25    S  6.  The  temporary  epilepsy  task force shall report its findings,
   26  conclusions and recommendations to the governor, commissioner of  mental
   27  retardation  and developmental disabilities and legislature within eigh-
   28  teen months of the effective date of  this  act.  These  recommendations
   29  shall  be implemented as the eligibility standards for services provided
   30  by the office of mental retardation and  developmental  disabilities  to
   31  people  substantially handicapped by epilepsy within six months from the
   32  date of the filing of such report.
   33    S 7. This act shall take effect immediately and shall  expire  and  be
   34  deemed repealed two years after such effective date.