Bill Text: NY S04276 | 2019-2020 | General Assembly | Introduced
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 (Democrat 1-0)
Status: (Passed) 2019-12-16 - SIGNED CHAP.672 [S04276 Detail]
Download: New_York-2019-S04276-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4276 2019-2020 Regular Sessions IN SENATE March 6, 2019 ___________ Introduced by Sen. SKOUFIS -- 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 social services law, the cooperative corporations law, the elder law, the correction law, the criminal procedure law, the family court act, the facilities development corporation act, the medical care facilities finance agency act and the administrative 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 18 educational services for individuals with disabilities, commission on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10184-01-9S. 4276 2 1 quality of care for the mentally disabled, office [of mental retardation2and] for people with developmental disabilities, commission for the 3 blind, office of alcoholism and substance abuse services, the office of 4 the advocate for the disabled and all offices which administer programs 5 established or funded by such agencies. Additional state agencies desig- 6 nated as voter registration offices are the department of state and the 7 division of workers' compensation. Such agencies shall be required to 8 offer voter registration forms to persons upon initial application for 9 services, renewal or recertification for services and change of address 10 relating to such services. Such agencies shall also be responsible for 11 providing assistance to applicants in completing voter registration 12 forms, receiving and transmitting the completed application form from 13 all applicants who wish to have such form transmitted to the appropriate 14 board of elections. The state board of elections shall, together with 15 representatives of the department of defense, develop and implement 16 procedures for including recruitment offices of the armed forces of the 17 United States as voter registration offices when such offices are so 18 designated by federal law. The state board shall also make request of 19 the United States Immigration and Naturalization Service to include 20 applications for registration by mail with any materials which are given 21 to new citizens. All institutions of the state university of New York 22 and the city university of New York, shall, at the beginning of the 23 school year, and again in January of a year in which the president of 24 the United States is to be elected, provide an application for registra- 25 tion to each student in each such institution. The state board of 26 elections may, by regulation, grant a waiver from any or all of the 27 requirements of this section to any office or program of an agency, if 28 it determines that it is not feasible for such office or program to 29 administer such requirement. 30 § 2. Subdivision 1 of section 548-e of the executive law, as added by 31 chapter 657 of the laws of 1990, is amended to read as follows: 32 1. Establishment. A neighborhood based initiatives oversight committee 33 shall be established to oversee the implementation of the provisions of 34 this article and shall consist of representatives of the following agen- 35 cies or their designees, with the commissioner of the department or his 36 or her designee serving as chairperson: the state advocate for the disa- 37 bled; the director of the office for the aging; the director of the 38 division of alcoholism and alcohol abuse; the executive director of the 39 council on children and families; the chancellor of the city university 40 of New York; the executive director of the developmental disabilities 41 action planning council; the director of the budget; the commissioner of 42 economic development; the commissioner of education; the commissioner of 43 health; the commissioner of housing and community renewal; the commis- 44 sioner of labor; the commissioner of mental health; the commissioner of 45 [mental retardation and] the office for people with developmental disa- 46 bilities; the commissioner of parks, recreation and historic preserva- 47 tion; the chancellor of the state university of New York; the director 48 of the division of substance abuse services; the director of the divi- 49 sion for youth; the director of the division for women; and the depart- 50 ment of audit and control. 51 § 3. Subdivisions 1 and 2 of section 702 of the executive law, as 52 added by chapter 551 of the laws of 2002, are amended to read as 53 follows: 54 1. The most integrated setting coordinating council is hereby created 55 within the executive department to have and exercise the functions, 56 powers and duties provided by the provisions of this article and anyS. 4276 3 1 other provision of law. The council shall be comprised of the commis- 2 sioners of: the department of health, the office [of mental retardation3and] for people with developmental disabilities, the office of mental 4 health, the department of transportation, the office of children and 5 family services, the office of alcohol and substance abuse services, the 6 department of education, and the division of housing and community 7 renewal. In addition, the council shall consist of the director of the 8 office for the aging, a representative from the office of the advocate 9 for persons with disabilities, a representative from the commission on 10 quality of care for the mentally disabled, three consumers of services 11 for individuals with disabilities, one to be appointed by the governor, 12 one to be appointed by the temporary president of the senate, and one to 13 be appointed by the speaker of the assembly, three individuals with 14 expertise in the field of community services for people of all ages with 15 disabilities, one to be appointed by the governor, one to be appointed 16 by the temporary president of the senate, and one to be appointed by the 17 speaker of the assembly, and three individuals with expertise in or 18 recipients of services available to senior citizens with disabilities, 19 one to be appointed by the governor, one to be appointed by the tempo- 20 rary president of the senate, and one to be appointed by the speaker of 21 the assembly. 22 2. The commissioners of the department of health, the office of mental 23 health, the office [of mental retardation and] for people with develop- 24 mental disabilities, and the director of the office for the aging shall 25 rotate as chairperson of the council on a quarterly basis. 26 § 4. Section 179-aa of the state finance law, as amended by chapter 27 292 of the laws of 2007, is amended to read as follows: 28 § 179-aa. Advisory committee. There is hereby established a not-for- 29 profit contracting advisory committee. The advisory committee shall 30 consist of sixteen members which shall include eight appointed members, 31 four to be appointed by the governor who shall be representatives of 32 not-for-profit organizations providing services in the state, and two 33 each to be appointed by the governor upon recommendation of the tempo- 34 rary president of the senate and speaker of the assembly, and eight ex 35 officio members of the committee, one each designated from the division 36 of the budget, the department of law, the office of the state comp- 37 troller, and the education department. The governor shall also designate 38 four members from among the following agencies: the department of state, 39 the office of children and family services, the office of temporary and 40 disability assistance, the department of health, the office of mental 41 hygiene, the office [of mental retardation and] for people with develop- 42 mental disabilities, and the department of labor. The governor shall 43 designate an appointee to serve as chair of the committee. The advisory 44 committee shall meet at least quarterly and upon its own initiative may: 45 comment and report on the implementation and operation of the not-for- 46 profit short-term revolving loan fund; advise the governor, comptroller 47 and state agencies on the implementation and operation of this article; 48 evaluate the benefits of requiring all state agencies to use standard 49 contract language and the extent to which standard language may be 50 effectively included in contracts with not-for-profit organizations; 51 review annually the report of the office of the state comptroller made 52 pursuant to section one hundred seventy-nine-bb of this article; and 53 propose any legislation they deem necessary to improve the fund and this 54 article. The committee shall report to the governor and the legislature 55 with recommendations on improving the contracting procedures with not- 56 for-profit organizations which receive state funds through the interme-S. 4276 4 1 diary of municipalities. Such reports shall be due annually not later 2 than December first. 3 § 5. Subdivision 1 of section 73-d of the transportation law, as 4 amended by chapter 562 of the laws of 1987, is amended to read as 5 follows: 6 1. There is hereby created a committee to be known as the "interagency 7 coordinating committee on rural public transportation", to be comprised 8 of nineteen members. The commissioner or his or her designee shall serve 9 as chairperson. Twelve of such members shall be the following or his or 10 her duly designated representative: the director of the office for the 11 aging; the commissioner of education; the commissioner of labor; the 12 commissioner of health; the commissioner of the office of mental health; 13 the commissioner of the office [of mental retardation and] for people 14 with developmental disabilities; the commissioner of social services; 15 state advocate for the disabled; secretary of state; commissioner of 16 agriculture and markets; the director of the office of rural affairs and 17 the director of the division for youth. Six additional members, all of 18 whom shall be transportation providers or consumers representing rural 19 counties shall be appointed to serve a term of three years as follows: 20 two by the president pro-tempore of the senate, two by the speaker of 21 the assembly, one by the minority leader of the senate, and one by the 22 minority leader of the assembly. Efforts shall be made to provide a 23 broad representation of consumers and providers of transportation 24 services in rural counties when making such appointments. Members of 25 the committee shall receive no salary. 26 The commissioner shall cause the department to provide staff assist- 27 ance necessary for the efficient and effective operation of the commit- 28 tee. 29 § 6. The undesignated paragraph of paragraph (b) of subdivision 2 of 30 section 1676 of the public authorities law, as added by chapter 281 of 31 the laws of 1988, is amended to read as follows: 32 The Devereux Foundation for the financing, construction and equipping 33 of facilities subject to the approval of the commissioner of education, 34 the commissioner of social services and the commissioner of the office 35 [of mental retardation and] for people with developmental disabilities 36 for a residential and educational program for children with handicapping 37 conditions, as such term is defined in subdivision one of section 38 forty-four hundred one of the education law, including, but not limited 39 to, those students who were publicly placed at the Rhinebeck Country 40 School during the nineteen hundred eighty-six--eighty-seven school year 41 and in furtherance of the state's overall goal of reducing the number of 42 children with handicapping conditions requiring out-of-state placements: 43 nothing in the foregoing shall be deemed to authorize The Devereux Foun- 44 dation to apply any funds or credit obtained pursuant to this section 45 toward the financing, construction or equipping of facilities on any 46 other property or properties it presently owns or controls or owns or 47 controls in the future. 48 § 7. The undesignated paragraph of paragraph (b) of subdivision 2 of 49 section 1676 of the public authorities law, as amended by chapter 299 of 50 the laws of 2017, is amended to read as follows: 51 Not-for-profit members of InterAgency Council of [Mental Retardation52and] Developmental Disabilities Agencies, Inc., for the acquisition, 53 financing, refinancing, construction, reconstruction, renovation, devel- 54 opment, improvement, expansion and equipping of certain educational, 55 administrative, clinical, day program and residential facilities to be 56 located in the state of New York.S. 4276 5 1 § 8. The undesignated paragraph of subdivision 1 of section 1680 of 2 the public authorities law, as added by chapter 281 of the laws of 1988, 3 is amended to read as follows: 4 The Devereux Foundation for the financing, construction and equipping 5 of facilities subject to the approval of the commissioner of education, 6 the commissioner of social services and the commissioner of the office 7 [of mental retardation and] for people with developmental disabilities 8 for a residential and educational program for children with handicapping 9 conditions, as such term is defined in subdivision one of section 10 forty-four hundred one of the education law, including, but not limited 11 to, those students who were publicly placed at the Rhinebeck Country 12 School during the nineteen hundred eighty-six--eighty-seven school year 13 and in the furtherance of the state's overall goal of reducing the 14 number of children with handicapping conditions requiring out-of-state 15 placements: nothing in the foregoing shall be deemed to authorize The 16 Devereux Foundation to apply any funds or credits obtained pursuant to 17 this section toward the financing, construction or equipping of facili- 18 ties on any other property or properties it presently owns or controls 19 or owns or controls in the future. 20 § 9. The undesignated paragraph of subdivision 1 of section 1680 of 21 the public authorities law, as added by chapter 343 of the laws of 1992, 22 is amended to read as follows: 23 Ferncliff Manor as a not-for-profit residential school serving chil- 24 dren who are severely mentally disabled and medically involved, who will 25 also on a not-for-profit basis operate an intermediate care facility, 26 for the financing, construction, reconstruction, improvement, renovation 27 and development of five twelve bed dormitories in Westchester County for 28 such children, subject to the approval of the commissioners of educa- 29 tion, social services, and [mental retardation and] the office for 30 people with developmental disabilities, and subject further to the 31 approval of the director of the budget as to project need and project 32 cost. Except to the extent otherwise prohibited by law, Ferncliff Manor 33 shall have full power and authority to assign and pledge to the authori- 34 ty, together with any pledge of its own assets and other income, any and 35 all public funds to be apportioned or otherwise made payable by the 36 state, a political subdivision, as defined in section one hundred of the 37 general municipal law, or any social services district in the state in 38 an amount sufficient to make all payments required to be made by Fern- 39 cliff Manor pursuant to any lease, sublease or other agreement entered 40 into between Ferncliff Manor and the authority. All state and local 41 officers are hereby authorized and required to pay all such funds so 42 assigned and pledged to the authority or upon the direction of the 43 authority, to any trustee of any authority bond or note issued pursuant 44 to a certificate filed with any such state or local officer by the 45 authority pursuant to the provisions of this section. No agreement or 46 lease by Ferncliff Manor shall be effective unless and until it is 47 approved by or on behalf of the commissioners of education, social 48 services, and [mental retardation and] the office for people with devel- 49 opmental disabilities, and subject further to the approval of the direc- 50 tor of the budget as to project need and project cost. 51 § 10. The undesignated paragraph of subdivision 1 of section 1680 of 52 the public authorities law, as amended by chapter 780 of the laws of 53 1992, is amended to read as follows: 54 The Leake and Watts Children's Home (Incorporated), Yonkers, New York 55 for the financing, construction, reconstruction, improvement, renovation 56 or otherwise for (1) a new school building for the junior high and highS. 4276 6 1 school vocational programs including a field house; (2) a new children's 2 cottage and renovation and reconstruction of eight existing children's 3 cottages to provide more efficient heating and cooling systems, more 4 secure supervision and to increase the number of beds; (3) renovation 5 and reconstruction of the main building to provide new electrical and 6 plumbing systems and internal rehabilitation; and (4) renovation and 7 reconstruction of the old school building for multiple use; subject to 8 the approval of the commissioners of education, social services and 9 [mental retardation and] the office for people with developmental disa- 10 bilities, and subject further to the approval of the director of the 11 budget including as to project need and project cost. Notwithstanding 12 any other provision of law, The Leake and Watts Children's Home (Incor- 13 porated) shall have full power and authority to assign and pledge to the 14 authority, together with any other assets so pledged, any and all prop- 15 erty rights to, and property interests in, any and all public funds to 16 be apportioned or otherwise made payable by the state, a political 17 subdivision, as defined in section one hundred of the general municipal 18 law, or any social services district in the state in an amount suffi- 19 cient to make all payments required to be made by The Leake and Watts 20 Children's Home (Incorporated) pursuant to any lease, sublease or other 21 agreement entered into between The Leake and Watts Children's Home 22 (Incorporated) and the authority. All state and local officers are here- 23 by authorized and required to pay all such funds so assigned and pledged 24 to the authority or upon the direction of the authority, to any trustee 25 of any authority bond or note issued pursuant to a certificate filed 26 with any such state or local officer by the authority pursuant to the 27 provisions of this section. No lease, sublease or other agreement by The 28 Leake and Watts Children's Home (Incorporated) shall be effective unless 29 and until it is approved by or on behalf of the commissioners of educa- 30 tion, social services and [mental retardation and] the office for people 31 with developmental disabilities and subject further to the approval of 32 the director of the budget including as to project need and project 33 cost. 34 § 11. The undesignated paragraph of subdivision 1 of section 1680 of 35 the public authorities law, as amended by section 6 of chapter 299 of 36 the laws of 2017, is amended to read as follows: 37 Not-for-profit members of InterAgency Council of [Mental Retardation38and] Developmental Disabilities Agencies, Inc., for the acquisition, 39 financing, refinancing, construction, reconstruction, renovation, devel- 40 opment, improvement, expansion and equipping of certain educational, 41 administrative, clinical, day program and residential facilities to be 42 located in the state of New York. Notwithstanding any other provision of 43 law, not-for-profit members of the InterAgency Council of [Mental Retar-44dation and] Developmental Disabilities Agencies, Inc. shall have full 45 power and authority to assign and pledge to the dormitory authority, any 46 and all public funds to be apportioned or otherwise made payable by the 47 United States, any agency thereof, the state, any agency thereof, a 48 political subdivision, as defined in section one hundred of the general 49 municipal law, any social services district in the state or any other 50 governmental entity in an amount sufficient to make all payments 51 required to be made by such members pursuant to any lease, sublease or 52 other agreement entered into between such members and the dormitory 53 authority. All state and local officers are hereby authorized and 54 required to pay all such funds so assigned and pledged to the dormitory 55 authority or, upon the direction of the dormitory authority, to any 56 trustee of any dormitory authority bond or note issued, pursuant to aS. 4276 7 1 certificate filed with any such state or local officer by the dormitory 2 authority pursuant to the provisions of this section. 3 § 12. Subdivision 3 of section 2879-a of the public authorities law, 4 as added by chapter 506 of the laws of 2009, is amended to read as 5 follows: 6 3. This section shall not apply to: (a) contracts entered into for the 7 issuance of commercial paper or bonded indebtedness, other than 8 contracts with the state providing for the payment of debt service 9 subject to an appropriation; (b) contracts entered into by an entity 10 established under article [ten-c] ten-C of [the public authorities law] 11 this chapter that are for: (i) projects approved by the department of 12 health or the public health council in accordance with articles twenty- 13 eight, thirty-six or forty of the public health law or article seven of 14 the social services law; (ii) projects approved by the office of mental 15 health, the office [of mental retardation and] for people with develop- 16 mental disabilities, or the office of alcoholism and substance abuse 17 services in accordance with articles sixteen, thirty-one, or thirty-two 18 of the mental hygiene law; (iii) services, affiliations or joint 19 ventures for the provision or administration of health care services or 20 scientific research; (iv) payment for direct health care services or 21 goods used in the provision of health care services; or (v) partic- 22 ipation in group purchasing arrangements; (c) contracts entered into for 23 the procurement of goods, services or both goods and services made to 24 meet emergencies arising from unforeseen causes or to effect repairs to 25 critical infrastructure that are necessary to avoid a delay in the 26 delivery of critical services that could compromise the public welfare; 27 (d) contracts of purchase or sale of energy, electricity or ancillary 28 services made by an authority on a recognized market for goods, 29 services, or commodities in question in accordance with standard terms 30 and conditions of purchase or sale at a market price; (e) contracts for 31 the purchase, sale or delivery of power or energy, fuel, costs and 32 services ancillary thereto, or financial products related thereto, with 33 a term of less than five years; and (f) contracts for the sale or deliv- 34 ery of power or energy and costs and services ancillary thereto for 35 economic development purposes pursuant to title one of article five of 36 this chapter or article six of the economic development law, provided, 37 however, that the authority shall file copies of any such contract with 38 the comptroller within sixty days after the execution of such contract. 39 § 13. Subdivisions 2 and 3 of section 32 of the public health law, 40 subdivision 2 as added by chapter 442 of the laws of 2006 and subdivi- 41 sion 3 as amended by chapter 109 of the laws of 2007, are amended to 42 read as follows: 43 2. to conduct and supervise activities to prevent, detect and investi- 44 gate medical assistance program fraud and abuse amongst the following: 45 the department; the offices of mental health, [mental retardation and46developmental disabilities,] alcoholism and substance abuse services, 47 temporary disability assistance, and children and family services and 48 the office for people with developmental disabilities; 49 3. to coordinate, to the greatest extent possible, activities to 50 prevent, detect and investigate medical assistance program fraud and 51 abuse amongst the following: the department; the offices of mental 52 health, [mental retardation and developmental disabilities,] alcoholism 53 and substance abuse services, temporary disability assistance, and chil- 54 dren and family services and the office for people with developmental 55 disabilities; the commission on quality of care and advocacy for persons 56 with disabilities; the department of education; the fiscal agentS. 4276 8 1 employed to operate the medical assistance information and payment 2 system; local governments and entities; and to work in a coordinated and 3 cooperative manner with, to the greatest extent possible, the deputy 4 attorney general for Medicaid fraud control; the welfare inspector 5 general, federal prosecutors, district attorneys within the state, the 6 special investigative unit maintained by each health insurer operating 7 within the state, and the state comptroller; 8 § 14. Section 34 of the public health law, as added by chapter 442 of 9 the laws of 2006, is amended to read as follows: 10 § 34. Transfer of employees. Upon the transfer of the medical assist- 11 ance program audit and fraud and abuse prevention functions from the 12 department and the offices of mental health, [mental retardation and13developmental disabilities,] alcoholism and substance abuse services, 14 temporary disability assistance, and children and family services and 15 the office for people with developmental disabilities to the office 16 within the department pursuant to section thirty-one of this title, 17 provision shall be made for the transfer of necessary officers and 18 employees who are substantially engaged in the performance of the func- 19 tion to be transferred, and any documents and records necessary and 20 related to the transfer of such functions. The heads of the departments 21 or agencies from which such function is to be transferred and the 22 inspector shall confer to determine the officers and employees who are 23 substantially engaged in the medical assistance program audit and fraud 24 and abuse prevention function to be transferred. In accordance with 25 subdivision two of section seventy of the civil service law, officers 26 and employees so transferred shall be transferred without further exam- 27 ination or qualification to the same or similar titles and shall remain 28 in the same collective bargaining unit and shall retain their respective 29 civil service classification, status and rights pursuant to their 30 collective bargaining unit and collective bargaining agreement. 31 Notwithstanding the office's regional operations, all office employees 32 shall be co-located, to the greatest extent practicable. The inspector 33 shall have sole responsibility for establishing methods of adminis- 34 tration for the office. 35 § 15. Subdivision 2 of section 2004-a of the public health law, as 36 added by section 24 of part B of chapter 58 of the laws of 2007, is 37 amended to read as follows: 38 2. The council shall be comprised of twenty-one members as follows: 39 the commissioner of health, the director of the state office for the 40 aging, the commissioner of children and family services, the commission- 41 er of education, the commissioner of mental health and the commissioner 42 of [mental retardation and] the office for people with developmental 43 disabilities who shall serve ex officio and who may designate represen- 44 tatives to act on their behalf. The governor shall appoint seven other 45 members with expertise in Alzheimer's disease, other dementia or elder 46 care issues, at least two of whom shall represent not-for-profit corpo- 47 rations whose primary purpose is to provide access to experts in the 48 care of persons with Alzheimer's disease and related dementia, that are 49 part of a statewide network of not-for-profit corporations established 50 specifically to respond at the local and regional level to the needs of 51 this population and that provide family intervention services related to 52 Alzheimer's disease in order to postpone or prevent nursing home place- 53 ments of individuals with Alzheimer's disease or other dementia. Eight 54 members shall be appointed by the governor on the recommendation of the 55 legislative leaders as follows: the temporary president of the senate 56 and the speaker of the assembly shall each recommend three members toS. 4276 9 1 the council. One of the three members recommended by the temporary pres- 2 ident and one of the three members recommended by the speaker shall be a 3 clinical or research expert in the field of dementia and one of the 4 three members appointed by each shall be a family member or caregiver of 5 a person suffering from Alzheimer's disease or other dementia. One 6 member shall be appointed on the recommendation of the minority leader 7 of the senate and one member shall be appointed on the recommendation of 8 the minority leader of the assembly. The commissioner of health and the 9 director of the office for the aging shall serve, ex officio, as 10 co-chairs of the council. Administrative duties shall be the responsi- 11 bility of the department. The members of the council shall receive no 12 compensation for their services. 13 § 16. Subdivision 17 of section 2541 of the public health law, as 14 added by chapter 428 of the laws of 1992, is amended to read as follows: 15 17. "State early intervention service agencies" means the departments 16 of health, education and social services and the offices of mental 17 health[, mental retardation and developmental disabilities] and [office18of] alcoholism and substance abuse services and the office for people 19 with developmental disabilities. 20 § 17. Subdivision 4 of section 2559 of the public health law, as added 21 by section 8 of part B-3 of chapter 62 of the laws of 2003, is amended 22 to read as follows: 23 4. Notwithstanding any other provision of law, the commissioner, 24 pursuant to a memorandum of understanding with the commissioner of the 25 office [of mental retardation and] for people with developmental disa- 26 bilities, shall develop and submit a medicaid home and community based 27 services waiver, pursuant to section 1915c of the social security act, 28 for the purpose of creating a waiver program to provide and finance 29 services for children who qualify for the early intervention program. In 30 further establishing eligibility criteria under the waiver program, the 31 commissioner, in conjunction with the commissioner of the office [of32mental retardation and] for people with developmental disabilities, 33 shall establish health, developmental and psycho-social criteria which 34 shall permit the broadest eligibility based on criteria for the early 35 intervention program and federal standards for participation in a waiver 36 program. The waiver application shall be submitted pursuant to section 37 1915c of the social security act no later than January first, two thou- 38 sand four. 39 § 18. Section 2740 of the public health law, as added by chapter 196 40 of the laws of 1994, is amended to read as follows: 41 § 2740. Traumatic brain injury program. The department shall have the 42 central responsibility for administering the provisions of this article 43 and otherwise coordinating the state's policies with respect to traumat- 44 ic brain injury, in consultation with the office [of mental retardation45and] for people with developmental disabilities, the office of mental 46 health, the department of education, the office of alcoholism and 47 substance abuse services, the department of social services, the office 48 of the advocate for the disabled and the commission on quality of care 49 for the mentally disabled. 50 § 19. Subdivision 1 of section 2744 of the public health law, as added 51 by chapter 196 of the laws of 1994, is amended to read as follows: 52 1. The traumatic brain injury services coordinating council is hereby 53 established and shall consist of the following persons or their desig- 54 nees: the commissioner, the commissioner of [mental retardation and] the 55 office for people with developmental disabilities, the office of mental 56 health, the commissioner of education, the commissioner of alcoholismS. 4276 10 1 and substance abuse services, the commissioner of social services, the 2 state advocate for the disabled and the commission on quality of care 3 for the mentally disabled. In addition, the council shall consist of the 4 following persons: five persons appointed by the governor, three of whom 5 shall be persons with traumatic brain injury and two of whom shall be 6 representative of the public and have a demonstrated expertise and 7 interest in traumatic brain injury; two persons appointed by the tempo- 8 rary president of the senate, one of whom shall be a person with trau- 9 matic brain injury and one of whom shall be representative of the public 10 and have a demonstrated expertise and interest in traumatic brain inju- 11 ry; two persons appointed by the speaker of the assembly, one of whom 12 shall be a person with traumatic brain injury and one of whom shall be 13 representative of the public and have a demonstrated expertise and 14 interest in traumatic brain injury, one person appointed by the minority 15 leader of the senate who shall be a person with traumatic brain injury 16 or be representative of the public and have a demonstrated expertise and 17 interest in traumatic brain injury; and one person appointed by the 18 minority leader of the assembly who shall be a person with traumatic 19 brain injury or be representative of the public and have a demonstrated 20 expertise and interest in traumatic brain injury. Of the five persons 21 appointed by the governor, three shall serve for a term of one year, one 22 shall serve for a term of two years and one shall serve for a term of 23 three years. Of the two persons appointed by the temporary president of 24 the senate, one shall serve for a term of two years and one shall serve 25 for a term of three years. Of the two persons appointed by the speaker 26 of the assembly, one shall serve for a term of two years and one shall 27 serve for a term of three years. The person appointed by the minority 28 leader of the senate and the person appointed by the minority leader of 29 the assembly shall serve for a term of one year. Subsequent appointments 30 for vacancies shall be for a term of three years and shall be filled in 31 the same manner as the original appointment. 32 § 20. Subparagraph (ii) of paragraph (e) of subdivision 2-a of section 33 2807 of the public health law, as amended by section 15 of part C of 34 chapter 58 of the laws of 2009, is amended to read as follows: 35 (ii) Notwithstanding this subdivision and any other contrary provision 36 of law, the commissioner may incorporate within the payment methodology 37 described in subparagraph (i) of this paragraph payment for services 38 provided by facilities pursuant to licensure under the mental hygiene 39 law, provided, however, that such APG payment methodology may be phased 40 into effect in accordance with a schedule or schedules as jointly deter- 41 mined by the commissioner, the commissioner of mental health, the 42 commissioner of alcoholism and substance abuse services, and the commis- 43 sioner of [mental retardation and] the office for people with develop- 44 mental disabilities. 45 § 21. Paragraph (c) of subdivision 1 of section 2807-d of the public 46 health law, as added by section 193 of part A of chapter 389 of the laws 47 of 1997, is amended to read as follows: 48 (c) On and after December first, nineteen hundred ninety-seven, the 49 term "general hospital", as used in this section, includes specialty 50 hospitals for persons who are developmentally disabled, licensed by the 51 office [of mental retardation and] for people with developmental disa- 52 bilities and which are also issued an operating certificate pursuant to 53 section twenty-eight hundred five of this article. 54 § 22. The opening paragraph of section 2978 of the public health law, 55 as amended by chapter 8 of the laws of 2010, is amended to read as 56 follows:S. 4276 11 1 The commissioners of mental health and [mental retardation and] the 2 office for people with developmental disabilities shall establish such 3 regulations as may be necessary for implementation of this article with 4 respect to those persons in mental hygiene facilities. 5 § 23. The opening paragraph of subdivision 1 of section 2979 of the 6 public health law, as amended by chapter 8 of the laws of 2010, is 7 amended to read as follows: 8 The commissioners of mental health and [mental retardation and] the 9 office for people with developmental disabilities shall prepare a state- 10 ment summarizing the rights, duties, and requirements of this article 11 and shall require that a copy of such statement: 12 § 24. Subdivision 10 of section 2980 of the public health law, as 13 amended by chapter 23 of the laws of 1994, is amended to read as 14 follows: 15 10. "Mental hygiene facility" means a residential facility, excluding 16 family care homes, operated or licensed by the office of mental health 17 or the office [of mental retardation and] for people with developmental 18 disabilities. 19 § 25. Subdivision 2 of section 2991 of the public health law, as added 20 by chapter 752 of the laws of 1990, is amended to read as follows: 21 2. Such procedures shall be established in accordance with regulations 22 issued by the commissioners of health, mental health, and [mental retar-23dation and] the office for people with developmental disabilities for 24 facilities subject to their respective regulatory authorities. 25 § 26. Section 2993 of the public health law, as added by chapter 752 26 of the laws of 1990, is amended to read as follows: 27 § 2993. Regulations. The commissioner of health, in consultation with 28 the commissioners of the office of mental health and the office [of29mental retardation and] for people with developmental disabilities, 30 shall establish such regulations as may be necessary for the implementa- 31 tion of this article, subject to the provisions of subdivision two of 32 section two thousand nine hundred ninety-one of this article. 33 § 27. Subdivision 20 of section 2994-a of the public health law, as 34 added by chapter 8 of the laws of 2010, is amended to read as follows: 35 20. "Mental hygiene facility" means a facility operated or licensed by 36 the office of mental health or the office [of mental retardation and] 37 for people with developmental disabilities as defined in subdivision six 38 of section 1.03 of the mental hygiene law. 39 § 28. Subdivision 2 of section 2994-t of the public health law, as 40 added by chapter 8 of the laws of 2010, is amended to read as follows: 41 2. The commissioner, in consultation with the commissioners of the 42 office of mental health and the office [of mental retardation and] for 43 people with developmental disabilities, shall promulgate regulations 44 identifying the credentials of health care professionals qualified to 45 provide an independent determination, pursuant to subdivision three of 46 section twenty-nine hundred ninety-four-c of this article, that a 47 patient lacks decision-making capacity because of mental illness or 48 developmental disability. 49 § 29. Subdivision 12 of section 2994-aa of the public health law, as 50 added by chapter 8 of the laws of 2010, is amended to read as follows: 51 12. "Mental hygiene facility" means a residential facility operated or 52 licensed by the office of mental health or the office [of mental retar-53dation and] for people with developmental disabilities. 54 § 30. Subdivision 4 of section 3 of the public lands law, as amended 55 by chapter 785 of the laws of 1982, is amended to read as follows:S. 4276 12 1 4. Notwithstanding any other provision of this chapter or other stat- 2 ute, the commissioner of general services, upon the application of any 3 state department, or a division, bureau or agency thereof, or upon the 4 application of any state agency, may transfer to such state department, 5 division, bureau, or agency, or state agency, the jurisdiction over any 6 lands, including lands under water, abandoned canal lands and salt 7 springs reservation land, upon such terms and conditions as the commis- 8 sioner may deem just and proper and upon the consent of the department, 9 or a division, bureau or agency thereof, or any state agency, already 10 having jurisdiction over such lands and notwithstanding any other 11 provision of this chapter or other statute, authority to give such 12 consent is hereby conferred upon the head of any such state department, 13 or a division, bureau or agency thereof, or any state agency; provided, 14 however, that if the commissioner of general services determines that 15 any such land under the jurisdiction of any state department, or a divi- 16 sion, bureau or agency thereof, or any state agency other than a public 17 authority or public benefit corporation is under utilized or is not 18 being utilized in a manner consistent with the best interests of the 19 state, such commissioner may on his own initiative, and without the 20 application or consent referred to above but subject to the procedure 21 and review provided in section two-a of this article, transfer the 22 jurisdiction over such land to any other state department, or a divi- 23 sion, bureau or agency thereof, or any other state agency other than a 24 public authority or public benefit corporation. Should such land be 25 under the jurisdiction of the office of mental health or the office [of26mental retardation and] for people with developmental disabilities upon 27 which a community residential facility for the disabled as defined in 28 section 41.34 of the mental hygiene law exists, the commissioner of 29 general services shall, prior to transferring the jurisdiction over such 30 land to any other state department, or a division, bureau or agency 31 thereof, or any other state agency other than a public authority or 32 public benefit corporation offer such land for sale at public auction 33 pursuant to section thirty-three of this chapter; provided, however, 34 that the provisions of section four hundred six of the eminent domain 35 procedure law shall apply to such property. 36 § 31. Subdivisions 3 and 4 of section 30-a of the public lands law, as 37 added by chapter 785 of the laws of 1982, are amended to read as 38 follows: 39 3. Upon the filing of a declaration of abandonment by the commissioner 40 of the office of mental health or by the commissioner of the office [of41mental retardation and] for people with developmental disabilities of 42 state-owned lands upon which a community residential facility for the 43 disabled as defined in section 41.34 of the mental hygiene law exists, 44 and with an approval thereof by the commissioner of general services, 45 such lands shall become unappropriated state lands; and prior to being 46 transferred to the jurisdiction of another state agency shall be offered 47 for sale at public auction pursuant to section thirty-three of this 48 article; provided, however, that the provisions of section four hundred 49 six of the eminent domain procedure law shall apply to such property. 50 4. Should state-owned real property under the jurisdiction of the 51 office of mental health or the office [of mental retardation and] for 52 people with developmental disabilities and upon which a community resi- 53 dential facility for the disabled as defined in section 41.34 of the 54 mental hygiene law exists, be declared abandoned by the commissioner of 55 general services pursuant to subdivision two of this section, such real 56 property shall become unappropriated state lands; and prior to beingS. 4276 13 1 transferred to the jurisdiction of another state agency, shall be 2 offered for sale at public auction pursuant to section thirty-three of 3 this article; provided, however, that the provisions of section four 4 hundred six of the eminent domain procedure law shall apply to such 5 property. 6 § 32. Subdivision 23 of section 305 of the education law, as added by 7 chapter 515 of the laws of 1992, is amended to read as follows: 8 23. The commissioner shall have primary responsibility for the devel- 9 opment and implementation of integrated employment opportunities includ- 10 ing short-term and intensive supported employment services and, as 11 appropriate, long-term extended support services and shall coordinate 12 with the commissioner of social services, the commissioner of the office 13 of mental health and the commissioner of the office [of mental retarda-14tion and] for people with developmental disabilities under an integrated 15 employment implementation plan, pursuant to article twenty-one of this 16 chapter. 17 § 33. Subparagraph (i) of paragraph (j) of subdivision 1 of section 18 414 of the education law, as added by chapter 513 of the laws of 2005, 19 is amended to read as follows: 20 (i) For the purposes of this subdivision, the term "licensed school- 21 based health, dental or mental health clinic" means a clinic that is 22 located in a school facility of a school district or board of cooper- 23 ative educational services, is operated by an entity other than the 24 school district or board of cooperative educational services and will 25 provide health, dental or mental health services during school hours 26 and/or non-school hours to school-age and preschool children, and that 27 is: (1) a health clinic approved under the provisions of chapter one 28 hundred ninety-eight of the laws of nineteen hundred seventy-eight; or 29 (2) another school-based health or dental clinic licensed by the depart- 30 ment of health pursuant to article twenty-eight of the public health 31 law; or (3) a school-based mental health clinic licensed or approved by 32 the office of mental health pursuant to article thirty-one of the mental 33 hygiene law; or (4) a school-based mental health clinic licensed by the 34 office [of mental retardation and] for people with developmental disa- 35 bilities pursuant to article sixteen of the mental hygiene law. 36 § 34. Paragraphs a and c of subdivision 2 and the closing paragraph of 37 subdivision 3 of section 1004-b of the education law, as added by chap- 38 ter 515 of the laws of 1992, are amended to read as follows: 39 a. The commissioner, in consultation with and with the agreement of 40 the commissioners of mental health, [mental retardation and] the office 41 for people with developmental disabilities and social services shall 42 develop a state interagency plan for the implementation of integrated 43 employment opportunities for individuals with severe disabilities, 44 including supported employment. Such plan shall be designed so as to 45 ensure that the state's integrated employment efforts, including the 46 supported employment program, are planned, developed and implemented 47 comprehensively, with roles and responsibilities of the respective agen- 48 cies well-defined. Such plan shall reflect the department's primary 49 responsibility for the development of integrated employment opportu- 50 nities for individuals with severe disabilities, including short-term 51 and intensive supported employment services, as well as appropriate 52 responsibilities for long term extended support services. Such plan 53 shall specify the role and responsibilities of each such agency in 54 assuring that: 55 c. The commissioner, in consultation with the commissioners of the 56 office of mental health, the office [of mental retardation and] forS. 4276 14 1 people with developmental disabilities and the department of social 2 services, shall develop an audit protocol to verify the actual costs of 3 providing such programs. 4 The commissioners of the office of mental health, the office [of5mental retardation and] for people with developmental disabilities, and 6 the department of social services shall provide any information required 7 to assist the commissioner in making such report. 8 § 35. Paragraph c and subparagraphs 1, 2 and 13 of paragraph d of 9 subdivision 5 of section 3202 of the education law, paragraph c as added 10 by chapter 66 of the laws of 1978, subparagraph 2 of paragraph c as 11 amended by section 26 of part B of chapter 57 of the laws of 2007, 12 subparagraphs 1 and 2 of paragraph d as amended by chapter 260 of the 13 laws of 1993 and subparagraph 13 of paragraph d as amended by chapter 14 273 of the laws of 1986 and renumbered by chapter 57 of the laws of 15 1993, are amended to read as follows: 16 c. (1) The education department is authorized to reimburse each school 17 district furnishing educational services to children residing in schools 18 for the mentally retarded operated by the office [of mental retardation19and] for people with developmental disabilities for the direct cost of 20 such services in accordance with regulations promulgated by the commis- 21 sioner and approved by the director of the budget. 22 (2) The school district in which each such child resided at the time 23 the office [of mental retardation and] for people with developmental 24 disabilities assumed responsibility for the support and maintenance of 25 such child shall reimburse the education department for its expenditures 26 on behalf of such child, in an amount equal to the school district basic 27 contribution as such term is defined in subdivision eight of section 28 forty-four hundred one of this chapter, for any such child admitted to a 29 state school for the retarded on or after July first, nineteen hundred 30 seventy-eight. The comptroller may deduct from any state funds which 31 become due to a school district an amount equal to the reimbursement 32 required to be made by such school district in accordance with this 33 paragraph and the amount so deducted shall not be included in the 34 approved operating expense of such district for the purpose of computing 35 the approved operating expenses pursuant to paragraph t of subdivision 36 one of section thirty-six hundred two of this chapter. 37 (1) Children who reside in an intermediate care facility for the 38 mentally retarded, other than a state operated school for the mentally 39 retarded, as defined in regulations of the office [of mental retardation40and] for people with developmental disabilities, shall be admitted to 41 the public schools, except as otherwise provided in subparagraph four- 42 teen of this paragraph. The trustees or board of education of the 43 school district in which such facility is located shall receive such 44 children in the school or schools of the district for instruction and 45 for the provision of necessary related services for a compensation to be 46 fixed by the trustees or board of education, unless such trustees or 47 board of education shall establish to the satisfaction of the commis- 48 sioner of education that there are valid and sufficient reasons for 49 refusal to receive such children. Evaluation of the educational needs 50 of such children and placement in appropriate educational programs shall 51 be made in accordance with article eighty-nine of this chapter. 52 (2) A child who resides in an individualized residential alternative 53 as defined in regulations of the office [of mental retardation and] for 54 people with developmental disabilities which is located in a school 55 district other than the school district in which such child's parent or 56 person in parental relation resided at the time such child was placed inS. 4276 15 1 an institution under the auspices of such office shall be deemed to 2 reside in an intermediate care facility for purposes of this subdivision 3 to the extent such child is enrolled in a home and community based waiv- 4 er program approved by the Health Care Financing Administration. 5 (13) The school district providing educational services to children 6 placed pursuant to this paragraph shall provide a report on the status 7 of each such child with a handicapping condition annually to the commit- 8 tee on special education of the school district in which the child 9 resided at the time of admission to the intermediate care facility for 10 the mentally retarded. Such report shall also be sent to the parent or 11 guardian of the child and the office [of mental retardation and] for 12 people with developmental disabilities. 13 § 36. The opening paragraph of clause (c) of subparagraph 4 of para- 14 graph b of subdivision 1 of section 4402 of the education law, as 15 amended by chapter 378 of the laws of 2007, is amended to read as 16 follows: 17 The committee on special education, with the consent of the parent or 18 person in parental relation or the student, if he or she is over the age 19 of eighteen, shall request in writing a designee of the appropriate 20 county or state agency to participate, in accordance with guidelines 21 established by the department, in any proceeding of the committee where 22 a child is at risk of residential placement. The committee shall forward 23 a copy of any such request to the office [of mental retardation and] for 24 people with developmental disabilities and the office of mental health. 25 A designee or designees of the agency may participate in any such 26 proceeding for the purpose of making recommendations concerning the 27 appropriateness of residential placement and other programs and place- 28 ment alternatives, including, but not limited to, community support 29 services that may be available to the family. Such designee or designees 30 shall not be considered members of the committee. Such designee or 31 designees shall include, but not be limited to, representatives of any 32 agency receiving coordinated children's services initiative funding as 33 referenced in the aid to localities budget, of a local interagency coor- 34 dinating body, of the social services district, the local mental health 35 agency, or health department, or of the developmental disabilities 36 service office, as appropriate. The name of such designee or designees, 37 if any, shall be made available to each committee on special education 38 in the county. In addition, with the consent of the parent or other 39 person in parental relation, the committee may confer with other appro- 40 priate providers of services to identify any services that may be of 41 benefit to the family based on the family's identification of or the 42 committee's observation of family services needs. As used in this chap- 43 ter, the term "county" means county as defined in section four thousand 44 one of this [article] title, and the term "appropriate agency" means one 45 of the following agencies: 46 § 37. The opening paragraph of clause (c) of subparagraph 4 of para- 47 graph b of subdivision 1 of section 4402 of the education law, as 48 amended by chapter 600 of the laws of 1994, is amended to read as 49 follows: 50 The committee on special education shall request in writing a designee 51 of the appropriate county or state agency to participate, in accordance 52 with guidelines established by the department, in any proceeding of the 53 committee where a child is at risk of residential placement. The commit- 54 tee shall forward a copy of any such request to the office [of mental55retardation and] for people with developmental disabilities and the 56 office of mental health. A designee or designees of the agency mayS. 4276 16 1 participate in any such proceeding for the purpose of making recommenda- 2 tions concerning the appropriateness of residential placement and other 3 programs and placement alternatives, including, but not limited to, 4 community support services that may be available to the family. Such 5 designee or designees shall not be considered members of the committee. 6 Such designee or designees shall include, but not be limited to, repre- 7 sentatives of any agency receiving coordinated children's services 8 initiative funding as referenced in the aid to localities budget, of a 9 local interagency coordinating body, of the social services district, 10 the local mental health agency, or health department, or of the develop- 11 mental disabilities service office, as appropriate. The name of such 12 designee or designees, if any, shall be made available to each committee 13 on special education in the county. In addition, with the consent of the 14 parent or other person in parental relationship, the committee may 15 confer with other appropriate providers of services to identify any 16 services that may be of benefit to the family based on the family's 17 identification of or the committee's observation of family services 18 needs. As used in this chapter, the term "county" means county as 19 defined in section four thousand one of this [article] title, and the 20 term "appropriate agency" means one of the following agencies: 21 § 38. Paragraph b of subdivision 4 of section 6503-a of the education 22 law, as added by chapter 130 of the laws of 2010, is amended to read as 23 follows: 24 b. any entity operated by a New York state or federal agency, poli- 25 tical subdivision, municipal corporation, or local government agency or 26 unit pursuant to authority granted by law, including but not limited to 27 any entity operated by the office of mental health, the office [of28mental retardation and] for people with developmental disabilities, or 29 the office of alcoholism and substance abuse services under articles 30 seven, thirteen, and nineteen of the mental hygiene law, respectively. 31 § 39. Paragraph a of subdivision 3 of section 6507 of the education 32 law, as amended by chapter 554 of the laws of 2013, is amended to read 33 as follows: 34 a. Establish standards for preprofessional and professional education, 35 experience and licensing examinations as required to implement the arti- 36 cle for each profession. Notwithstanding any other provision of law, the 37 commissioner shall establish standards requiring that all persons apply- 38 ing, on or after January first, nineteen hundred ninety-one, initially, 39 or for the renewal of, a license, registration or limited permit to be a 40 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 41 trist, psychiatrist, psychologist, licensed master social worker, 42 licensed clinical social worker, licensed creative arts therapist, 43 licensed marriage and family therapist, licensed mental health counse- 44 lor, licensed psychoanalyst, dental hygienist, licensed behavior 45 analyst, or certified behavior analyst assistant shall, in addition to 46 all the other licensure, certification or permit requirements, have 47 completed two hours of coursework or training regarding the identifica- 48 tion and reporting of child abuse and maltreatment. The coursework or 49 training shall be obtained from an institution or provider which has 50 been approved by the department to provide such coursework or training. 51 The coursework or training shall include information regarding the phys- 52 ical and behavioral indicators of child abuse and maltreatment and the 53 statutory reporting requirements set out in sections four hundred thir- 54 teen through four hundred twenty of the social services law, including 55 but not limited to, when and how a report must be made, what other 56 actions the reporter is mandated or authorized to take, the legalS. 4276 17 1 protections afforded reporters, and the consequences for failing to 2 report. Such coursework or training may also include information regard- 3 ing the physical and behavioral indicators of the abuse of individuals 4 with mental retardation and other developmental disabilities and volun- 5 tary reporting of abused or neglected adults to the office [of mental6retardation and] for people with developmental disabilities or the local 7 adult protective services unit. Each applicant shall provide the depart- 8 ment with documentation showing that he or she has completed the 9 required training. The department shall provide an exemption from the 10 child abuse and maltreatment training requirements to any applicant who 11 requests such an exemption and who shows, to the department's satisfac- 12 tion, that there would be no need because of the nature of his or her 13 practice for him or her to complete such training; 14 § 40. Subdivision b of section 6738 of the education law, as amended 15 by chapter 532 of the laws of 1999, is amended to read as follows: 16 b. Notwithstanding the provisions of subdivision a of this section, 17 supervision of a physical therapist assistant by a licensed physical 18 therapist, (i) in a residential health care facility, as defined in 19 article twenty-eight of the public health law, (ii) in a diagnostic and 20 treatment center licensed under article twenty-eight of the public 21 health law that provides, as its principal mission, services to individ- 22 uals with developmental disabilities, (iii) in a facility, as defined in 23 section 1.03 of the mental hygiene law, or (iv) under a monitored 24 program of the office [of mental retardation and] for people with devel- 25 opmental disabilities as defined in subdivision (a) of section 13.15 of 26 the mental hygiene law, shall be continuous but not necessarily on site 27 when the supervising physical therapist has determined, through evalu- 28 ation, the setting of goals and the establishment of a treatment plan, 29 that the program is one of maintenance as defined pursuant to title 30 XVIII of the federal social security act. The provisions of this subdi- 31 vision shall not apply to the provision of physical therapy services 32 when the condition requires multiple adjustments of sequences and proce- 33 dures due to rapidly changing physiological status and/or response to 34 treatment, or to children under five years of age. 35 § 41. Subdivision (e) of section 17 of the social services law, as 36 added by chapter 515 of the laws of 1992, is amended to read as follows: 37 (e) work cooperatively with the commissioner of the office of mental 38 health and the commissioner of the office [of mental retardation and] 39 for people with developmental disabilities to assist the commissioner of 40 education in furnishing integrated employment services to individuals 41 with severe disabilities, including the development of an integrated 42 employment implementation plan pursuant to article twenty-one of the 43 education law; 44 § 42. Paragraph (h) of subdivision 3 of section 34 of the social 45 services law, as added by chapter 600 of the laws of 1994, is amended to 46 read as follows: 47 (h) in consultation with the department of education, the department 48 of health, the division for youth, the office [of mental retardation49and] for people with developmental disabilities and the office of mental 50 health, establish guidelines for the acceptance by social services offi- 51 cials of notices that children in foster care are at risk of educational 52 placements, as provided for in subparagraph four of paragraph b of 53 subdivision one of section forty-four hundred two of the education law. 54 Such guidelines shall be designed to assure that the social services 55 district receiving such a notice inquire into the educational needs of 56 the child and the circumstances of the foster care placement, and toS. 4276 18 1 assure that the social services district responds as appropriate to any 2 request by a committee on special education to participate in the 3 proceedings of the committee; 4 § 43. The opening paragraph of paragraph (c) of subdivision 1 of 5 section 122 of the social services law, as amended by chapter 214 of the 6 laws of 1998, is amended to read as follows: 7 The following persons, not described in paragraph (a) or (b) of this 8 subdivision, shall, if otherwise eligible, be eligible for safety net 9 assistance and medical assistance, except that medical assistance shall 10 be limited to care and services (not including care and services related 11 to an organ transplant procedure) necessary for the treatment of an 12 emergency medical condition as that term is defined in section 1903 of 13 the federal social security act unless and until federal financial 14 participation is available for the costs of providing medical assistance 15 provided, however, that any such person who, on the fourth day of 16 August, nineteen hundred ninety-seven was residing in a residential 17 health care facility licensed by the department of health or in a resi- 18 dential facility licensed, operated or funded by the office of mental 19 health or the office [of mental retardation and] for people with devel- 20 opmental disabilities, and was in receipt of a medical assistance 21 authorization based on a finding that he or she was a person permanently 22 residing in the United States under color of law shall, if otherwise 23 eligible, be eligible for medical assistance and provided, further, that 24 any such person who, on the fourth day of August, nineteen hundred nine- 25 ty-seven, was diagnosed as having AIDS, as defined in subdivision one of 26 section two thousand seven hundred eighty of the public health law, and 27 was in receipt of medical assistance authorization pursuant to title 28 eleven of article five of this chapter based on a finding that he or she 29 was a person permanently residing in the United States under color of 30 law shall, if otherwise eligible, be eligible for medical assistance: 31 § 44. Subdivision 1 of section 138-a of the social services law, as 32 amended by chapter 791 of the laws of 1983, is amended to read as 33 follows: 34 1. Any inconsistent provision of this chapter or other law notwith- 35 standing, the department shall be responsible for furnishing public 36 assistance and care to mentally disabled persons residing in family care 37 homes licensed by the office of mental health or the office [of mental38retardation and] for people with developmental disabilities who are 39 admitted to such facilities in accordance with regulations of the office 40 which licenses the facility. However, the department may, at its option, 41 discharge such responsibility, in whole or in part, through social 42 services districts designated to act as agents of the department. While 43 so designated, a social services district shall act as agent of the 44 department and shall be entitled to reimbursement as provided in section 45 one hundred fifty-three of this [chapter] article. 46 § 45. Subdivision 2-a and paragraph (e) of subdivision 3 of section 47 209 of the social services law, subdivision 2-a as amended by chapter 48 450 of the laws of 1987 and paragraph (e) of subdivision 3 as amended by 49 section 48 of part C of chapter 58 of the laws of 2005, are amended to 50 read as follows: 51 2-a. Notwithstanding any inconsistent provision of subparagraph (ii) 52 of paragraph (d) of subdivision one of this section, an individual who 53 is receiving or is eligible to receive federal supplemental security 54 income payments and/or additional state payments and who is a resident 55 of a residential health care facility as defined by section twenty-eight 56 hundred one of the public health law, shall, in accordance with regu-S. 4276 19 1 lations of the department, be entitled to a state payment for personal 2 needs in the amount of fifteen dollars a month, provided, however, that 3 on or after January first, nineteen hundred eighty-eight the state 4 payment for personal needs for such persons shall be in the amount of 5 twenty-five dollars a month. Notwithstanding any inconsistent provision 6 of subparagraph (ii) of paragraph (d) of subdivision one of this 7 section, on or after January first, nineteen hundred eighty-eight, a 8 resident of an intermediate care facility operated or issued an operat- 9 ing certificate by the office [of mental retardation and] for people 10 with developmental disabilities or a patient of a hospital operated by 11 the office of mental health as defined in subdivision ten of section 12 1.03 of the mental hygiene law who is receiving or is eligible to 13 receive supplemental security income payments and/or additional state 14 payments shall receive a state payment for personal needs in the amount 15 of five dollars a month. The department is authorized to promulgate 16 necessary regulations to provide for the time and manner for payment of 17 such personal allowance to such individuals. 18 (e) "Receiving enhanced residential care" shall mean residing in a 19 privately operated school for the mentally retarded and developmentally 20 disabled which is certified by the office [of mental retardation and] 21 for people with developmental disabilities of the department of mental 22 hygiene, in accordance with applicable provisions of law and regulations 23 or an adult home, or enriched housing program certified by the depart- 24 ment of health in accordance with applicable law, rules and regulations 25 to the extent permitted by federal law and regulations. 26 § 46. Paragraph (l) of subdivision 1 of section 364-j of the social 27 services law, as amended by chapter 649 of the laws of 1996, is amended 28 to read as follows: 29 (l) "Responsible special care agency". Whichever of the following 30 state agencies has responsibility for the special care in question: the 31 department of health, the office of mental health, the office [of mental32retardation and] for people with developmental disabilities, or the 33 office of alcoholism and substance abuse services. 34 § 47. Paragraph (a) of subdivision 9 of section 365-a of the social 35 services law, as added by section 14 of part B of chapter 109 of the 36 laws of 2010, is amended to read as follows: 37 (a) Notwithstanding any inconsistent provision of law, any utilization 38 controls on occupational therapy or physical therapy, including but not 39 limited to, prior approval of services, utilization thresholds or other 40 limitations imposed on such therapy services in relation to a chronic 41 condition in clinics certified under article twenty-eight of the public 42 health law or article sixteen of the mental hygiene law shall be: (i) 43 developed by the department of health in concurrence with the office [of44mental retardation and] for people with developmental disabilities; and 45 (ii) in accord with nationally recognized professional standards. In the 46 event that nationally recognized professional standards do not exist, 47 such thresholds shall be based upon the reasonably recognized profes- 48 sional standards of those with a specific expertise in treating individ- 49 uals served by clinics certified under article twenty-eight of the 50 public health law or article sixteen of the mental hygiene law. 51 § 48. Clauses (i) and (ii) of subparagraph 10 of paragraph (a) of 52 subdivision 2, clause (ix) of paragraph b and paragraphs d, e, f, g, i, 53 k, l and m of subdivision 7 of section 366 of the social services law, 54 clause (i) of subparagraph 10 of paragraph (a) as added by chapter 705 55 of the laws of 1988, clause (ii) of subparagraph 10 of paragraph (a) as 56 amended by chapter 855 of the laws of 1990, clause (ix) of paragraph bS. 4276 20 1 and paragraphs d, e, f, g, i, k, l and m of subdivision 7 as amended by 2 chapter 324 of the laws of 2004, are amended to read as follows: 3 (i) A person who is receiving or is eligible to receive federal 4 supplemental security income payments and/or additional state payments 5 is entitled to a personal needs allowance as follows: 6 (A) for the personal expenses of a resident of a residential health 7 care facility, as defined by section twenty-eight hundred one of the 8 public health law, the amount of fifty-five dollars per month; 9 (B) for the personal expenses of a resident of an intermediate care 10 facility operated or licensed by the office [of mental retardation and] 11 for people with developmental disabilities or a patient of a hospital 12 operated by the office of mental health, as defined by subdivision ten 13 of section 1.03 of the mental hygiene law, the amount of thirty-five 14 dollars per month. 15 (ii) A person who neither receives nor is eligible to receive federal 16 supplemental security income payments and/or additional state payments 17 is entitled to a personal needs allowance as follows: 18 (A) for the personal expenses of a resident of a residential health 19 care facility, as defined by section twenty-eight hundred one of the 20 public health law, the amount of fifty dollars per month; 21 (B) for the personal expenses of a resident of an intermediate care 22 facility operated or licensed by the office [of mental retardation and] 23 for people with developmental disabilities or a patient of a hospital 24 operated by the office of mental health, as defined by subdivision ten 25 of section 1.03 of the mental hygiene law, the amount of thirty-five 26 dollars per month. 27 (ix) meet such other criteria as may be established by the commission- 28 er of health, in conjunction with the commissioner of [mental retarda-29tion and] the office for people with developmental disabilities, as may 30 be necessary to administer the provisions of this subdivision in an 31 equitable manner, including those criteria established pursuant to para- 32 graph d of this subdivision. 33 d. The commissioner of health, in conjunction with the commissioner of 34 [mental retardation and] the office for people with developmental disa- 35 bilities, shall establish selection criteria to ensure that participants 36 are those who are most in need and reflect an equitable geographic 37 distribution. Such selection criteria shall include, but not be limited 38 to, the imminent risk of institutionalization, the financial burden 39 imposed upon the family as a result of the child's health care needs, 40 and the level of stress within the family unit due to the unrelieved 41 burden of caring for the child at home. 42 e. Social services districts, in consultation with the office [of43mental retardation and] for people with developmental disabilities, 44 shall assess the eligibility of persons in accordance with the 45 provisions of paragraph b of this subdivision, as well as the selection 46 criteria established by the commissioner of health and the commissioner 47 of [mental retardation and] the office for people with developmental 48 disabilities as required by paragraph d of this subdivision. 49 f. The commissioner of health, in conjunction with the commissioner of 50 [mental retardation and] the office for people with developmental disa- 51 bilities, shall designate persons to assess the eligibility of persons 52 under consideration for participation in the waiver program. Persons 53 designated by such commissioners may include the person's physician, a 54 representative of the social services district, representative of the 55 appropriate developmental disabilities services office and such other 56 persons as the commissioners deem appropriate. The assessment shallS. 4276 21 1 include, but need not be limited to, an evaluation of the health, 2 psycho-social, developmental, habilitation and environmental needs of 3 the person and shall serve as the basis for the development and 4 provision of an appropriate plan of care for such person. 5 g. Prior to a person's participation in the waiver program, the office 6 [of mental retardation and] for people with developmental disabilities 7 shall undertake or arrange for the development of a written plan of care 8 for the provision of services consistent with the level of care deter- 9 mined by the assessment, in accordance with criteria established by the 10 commissioner of health, in consultation with the commissioner of [mental11retardation and] the office for people with developmental disabilities. 12 Such plan of care shall be reviewed by such commissioners prior to the 13 provision of services pursuant to the waiver program. 14 i. The office [of mental retardation and] for people with develop- 15 mental disabilities shall designate who may provide the home and commu- 16 nity-based services identified in paragraph h of this subdivision, 17 subject to the approval of the commissioner of health. 18 k. Before a person may participate in the waiver program specified in 19 paragraph a of this subdivision, the office [of mental retardation and] 20 for people with developmental disabilities shall determine that there is 21 a reasonable expectation that the annual medical assistance expenditures 22 for such person under the waiver would not exceed the expenditures for 23 care in an intermediate care facility for the developmentally disabled 24 that would have been made had the waiver not been granted. 25 l. The commissioner of health, in conjunction with the commissioner of 26 [mental retardation and] the office for people with developmental disa- 27 bilities, shall review the plans of care and expenditure estimates prior 28 to the participation of any person in the waiver program. 29 m. Within one year of federal waiver approval, and on an annual basis 30 thereafter, until such time as the waiver program is fully implemented, 31 the commissioner of health, in conjunction with the commissioner of 32 [mental retardation and] the office for people with developmental disa- 33 bilities, shall report on the status of the waiver program to the gover- 34 nor and the legislature. Such report shall specify the number of chil- 35 dren participating in the waiver program, the geographic distribution of 36 those so participating, health profiles, service costs and length of 37 time the children have participated in the waiver program. The report 38 shall also provide follow-up information on children who have withdrawn 39 from the waiver program, including data on residential program place- 40 ments. 41 § 49. Subparagraph (iii) of paragraph (b) of subdivision 6 of section 42 367-a of the social services law, as amended by section 15 of part B of 43 chapter 57 of the laws of 2015, is amended to read as follows: 44 (iii) individuals who are inpatients in a medical facility who have 45 been required to spend all of their income for medical care, except 46 their personal needs allowance or residents of community based residen- 47 tial facilities licensed by the office of mental health or the office 48 [of mental retardation and] for people with developmental disabilities 49 who have been required to spend all of their income, except their 50 personal needs allowance; 51 § 50. Paragraph (h) of subdivision 1 of section 368-a of the social 52 services law, as amended by section 22 of part H of chapter 686 of the 53 laws of 2003, is amended to read as follows: 54 (h) (i) Beginning January first, nineteen hundred eighty-four, one 55 hundred per centum of the amount expended for medical assistance for 56 those individuals who are eligible pursuant to section three hundredS. 4276 22 1 sixty-six of this article as a result of a mental disability as deter- 2 mined by the commissioner in consultation with the commissioner of the 3 office of mental health and the commissioner of the office [of mental4retardation and] for people with developmental disabilities and with the 5 approval of the director of the budget after first deducting therefrom 6 any federal funds properly received or to be received on account there- 7 of. 8 (ii) Notwithstanding any other provision of law to the contrary, on 9 and after the effective date of this subparagraph, the department of 10 health shall make no further recovery or recoupment of monies that were 11 advanced to local social services districts, during the period from 12 April first, nineteen hundred ninety-two to the effective date of this 13 subparagraph, to cover the medical assistance costs pursuant to this 14 paragraph for rehabilitative services for residents of community resi- 15 dences licensed or operated by the office of mental health or for the 16 office [of mental retardation and] for people with developmental disa- 17 bilities home and community based waiver services. 18 § 51. Subclause 2 of clause (c) of subparagraph (ii) of paragraph (a) 19 of subdivision 1 of section 390 of the social services law, as added by 20 chapter 750 of the laws of 1990, is amended to read as follows: 21 (2) providing day treatment under an operating certificate issued by 22 the office of mental health or the office [of mental retardation and] 23 for people with developmental disabilities; or 24 § 52. Paragraph (c) of subdivision 13 and subdivision 14 of section 25 398 of the social services law, paragraph (c) of subdivision 13 as added 26 by chapter 544 of the laws of 1982, subdivision 14 as added by chapter 27 570 of the laws of 1983, paragraph (a) of subdivision 14 as amended by 28 chapter 387 of the laws of 1999 and such subdivisions as renumbered by 29 chapter 419 of the laws of 1987, are amended to read as follows: 30 (c) When a child's report is submitted to the council on children and 31 families pursuant to this subdivision, the council shall cooperate with 32 adult service providers, such as the department of social services, the 33 office [of mental retardation] for people with and developmental disa- 34 bilities, the office of mental health and the office of vocational reha- 35 bilitation of the education department in planning and coordinating such 36 child's return to New York state for adult services. The council shall 37 arrange with the appropriate state agency for the development of a 38 recommendation of all appropriate in-state programs operated, licensed, 39 certified or authorized by such agency and which may be available when 40 such child attains the age of twenty-one. Such recommendation of all 41 programs shall be made available to the parent or guardian of such child 42 at least six months before such child attains the age of twenty-one. All 43 records, reports and information received, compiled or maintained by the 44 council pursuant to this subdivision shall be subject to the confiden- 45 tiality requirements of the department. 46 14. (a) In the case of a child who is developmentally disabled as 47 such term is defined in section 1.03 of the mental hygiene law, 48 emotionally disturbed or physically handicapped and who is receiving 49 care in a group home, agency boarding home, or any child care facility 50 operated by an authorized agency with a capacity of thirteen or more 51 children, who attains the age of eighteen and who will continue in such 52 care after the age of eighteen, or who is placed in such care after the 53 age of eighteen, the social services official shall notify the parent or 54 guardian of such child that such care will terminate when such child 55 attains the age of twenty-one provided, however, that any such child in 56 receipt of educational services and under the care and custody of aS. 4276 23 1 local department of social services who reaches the age of twenty-one 2 during the period commencing on the first day of September and ending on 3 the thirtieth day of June shall be entitled to continue in such program 4 until the thirtieth day of June or until the termination of the school 5 year, whichever shall first occur. Such notice shall be in writing and 6 shall describe in detail the parent's or guardian's opportunity to 7 consent to having such child's name and other information forwarded in a 8 report to the commissioner of mental health, commissioner of [mental9retardation and] the office for people with developmental disabilities, 10 commissioner of education or commissioner of the office of children and 11 family services or their designees for the purpose of determining wheth- 12 er such child will likely need services after the age of twenty-one and, 13 if so, recommending possible adult services. 14 (b) Upon the written consent of the parent or guardian, and notwith- 15 standing section three hundred seventy-two of this article, the social 16 services official shall submit a report on such child's possible need 17 for services after age twenty-one to the commissioner of mental health, 18 commissioner of [mental retardation and] the office for people with 19 developmental disabilities, commissioner of social services or commis- 20 sioner of education or their designees for the development of a recom- 21 mendation pursuant to section 7.37 or 13.37 of the mental hygiene law, 22 section three hundred ninety-eight-c of this [article] title or subdivi- 23 sion ten of section four thousand four hundred three of the education 24 law. The social services official shall determine which commissioner 25 shall receive the report by considering the child's handicapping condi- 26 tion. If the social services official determines that the child will 27 need adult services from the department and such social services offi- 28 cial is the commissioner's designee pursuant to this subdivision and 29 section three hundred ninety-eight-c of this [article] title, such 30 social services official shall perform the services described in section 31 three hundred ninety-eight-c of this [article] title. 32 (c) A copy of such report shall also be submitted to the department at 33 the same time that such report is submitted to the commissioner of 34 mental health, commissioner of [mental retardation and] the office for 35 people with developmental disabilities or commissioner of education or 36 their designees. 37 (d) When the social services official is notified by the commissioner 38 who received the report that such state agency is not responsible for 39 determining and recommending adult services for the child, the social 40 services official shall forward the report to another commissioner; or, 41 if the social services official determines that there exists a dispute 42 between state agencies as to which state agency has the responsibility 43 for determining and recommending adult services, the social services 44 official may forward the report to the council on children and families 45 for a resolution of such dispute. 46 (e) The social services official shall prepare and submit an annual 47 report to the department on October first, nineteen hundred eighty-four 48 and thereafter on or before October first of each year. Such annual 49 report shall contain the number of cases submitted to each commissioner 50 pursuant to paragraph (b) of this subdivision, the type and severity of 51 the handicapping condition of each such case, the number of notices 52 received which deny responsibility for determining and recommending 53 adult services, and other information necessary for the department and 54 the council on children and families to monitor the need for adult 55 services, but shall not contain personally identifying information. The 56 department shall forward copies of such annual reports to the council onS. 4276 24 1 children and families. All information received by the council on chil- 2 dren and families pursuant to this paragraph shall be subject to the 3 confidentiality requirements of the department. 4 § 53. Subdivision 1 of section 463 of the social services law, as 5 amended by chapter 465 of the laws of 1992, is amended to read as 6 follows: 7 1. "Community residential facility" means any facility operated or 8 subject to licensure by the state which provides a supervised residence 9 for mentally, emotionally, physically, or socially disabled persons or 10 for persons in need of supervision or juvenile delinquents. This term 11 includes, but is not limited to, community residences for the mentally 12 disabled operated or licensed by the [offices] office of mental health 13 or [mental retardation and] office for people with developmental disa- 14 bilities or by the divisions of the office of alcoholism and substance 15 abuse, agency operated boarding homes, group homes or private proprie- 16 tary homes for adults operated or licensed by the department of social 17 services, group homes operated by, contracted for or licensed by the 18 division for youth and half-way houses operated or licensed by the divi- 19 sion of substance abuse services. 20 § 54. Section 466-a of the social services law, as amended by chapter 21 405 of the laws of 1998, is amended to read as follows: 22 § 466-a. Agreements. The department shall enter into memorandums of 23 understanding with the office of mental health and the office [of mental24retardation and] for people with developmental disabilities. The memo- 25 randums with the office [of mental retardation and] for people with 26 developmental disabilities and the office of mental health shall facili- 27 tate access by those offices to child care facilities providing transi- 28 tional care to young adults as may be necessary for those offices to 29 meet their responsibilities for monitoring the care of the young adults. 30 § 55. Subdivision 1 of section 483 of the social services law, as 31 amended by section 62 of part A of chapter 56 of the laws of 2010, is 32 amended to read as follows: 33 1. There shall be a council on children and families established with- 34 in the office of children and family services consisting of the follow- 35 ing members: the state commissioner of children and family services, the 36 commissioner of temporary and disability assistance, the commissioner of 37 mental health, the commissioner of [mental retardation and] the office 38 for people with developmental disabilities, the commissioner of the 39 office of alcoholism and substance abuse services, the commissioner of 40 education, the director of the office of probation and correctional 41 alternatives, the commissioner of health, the commissioner of the divi- 42 sion of criminal justice services, the state advocate for persons with 43 disabilities, the director of the office for the aging, the commissioner 44 of labor, and the chair of the commission on quality of care for the 45 mentally disabled. The governor shall designate the chair of the council 46 and the chief executive officer (CEO). 47 § 56. Subparagraph (i) of paragraph (a) of subdivision 3 of section 48 483-c of the social services law, as amended by section 63 of part A of 49 chapter 56 of the laws of 2010, is amended to read as follows: 50 (i) State tier III team. There is hereby established a state team 51 designated as the "tier III team", which shall consist of the chair of 52 the council, the commissioners of children and family services, mental 53 health, health, education, [alcohol] alcoholism and substance abuse 54 services, and [mental retardation and] the office for people with devel- 55 opmental disabilities, and the director of the office of probation and 56 correctional alternatives, or their designated representatives, andS. 4276 25 1 representatives of families of children with emotional and/or behavioral 2 disorders. Other representatives may be added at the discretion of such 3 team. 4 § 57. Subdivision 1 of section 483-d of the social services law, as 5 amended by section 18 of part A of chapter 56 of the laws of 2010, is 6 amended to read as follows: 7 1. Committee established. There is hereby established within the 8 council an out-of-state placement committee comprised of the commission- 9 er of children and family services, the commissioner of mental health, 10 the commissioner of [mental retardation and] the office for people with 11 developmental disabilities, the commissioner of education, the commis- 12 sioner of alcoholism and substance abuse services, the commissioner of 13 health, and the director of the office of probation and correctional 14 alternatives. 15 § 58. Subdivision 1 of section 483-e of the social services law, as 16 added by chapter 624 of the laws of 2006, is amended to read as follows: 17 1. Committee established. There is hereby established within the coun- 18 cil a restraint and crisis intervention technique committee comprised of 19 the commissioner of children and family services, the commissioner of 20 mental health, the commissioner of [mental retardation and] the office 21 for people with developmental disabilities, the commissioner of educa- 22 tion and the commissioner of health. The committee shall include at 23 least two representatives of statewide and regional provider organiza- 24 tions that represent providers of educational and residential services 25 to children, at least two mental health professionals who provide direct 26 care on a regular basis to children served by the program types provided 27 in subdivision two of this section and at least one representative of 28 parents of children requiring special services. 29 § 59. Subdivision 1 of section 483-f of the social services law, as 30 added by chapter 413 of the laws of 2009, is amended to read as follows: 31 1. The council, in accordance with section 7.43 of the mental hygiene 32 law, shall assist the commissioner of mental health with the implementa- 33 tion of the children's plan, developed pursuant to chapter six hundred 34 sixty-seven of the laws of two thousand six. State child-serving agen- 35 cies involved in the development of such plan shall assist, as needed, 36 with such plan's implementation and such agencies shall sign off on all 37 future reports and plans. Such agencies shall include, but not be limit- 38 ed to, the office of mental health, the office [of mental retardation39and] for people with developmental disabilities, the office of alcohol- 40 ism and substance abuse services, the commission on quality of care and 41 advocacy for persons with disabilities, the office of children and fami- 42 ly services, the state education department, the department of health, 43 and the department of probation and correctional alternatives. 44 § 60. Subdivision (l) of section 3 of the cooperative corporations 45 law, as added by chapter 225 of the laws of 1987, is amended to read as 46 follows: 47 (l) The terms "buying, selling or leasing homes for its members" and 48 "conducting housing" shall include but not be limited to, the purposes 49 and uses of residential facilities for the mentally disabled licensed by 50 the office of mental health or the office [of mental retardation and] 51 for people with developmental disabilities. 52 § 61. Subdivision 1 of section 206 of the elder law is amended to read 53 as follows: 54 1. The director is hereby authorized and directed, to the extent 55 appropriations are available therefor, to develop, establish and operate 56 training and technical assistance programs, including caregiver resourceS. 4276 26 1 centers, caregiver networks, and other support activities, for informal 2 caregivers throughout the state for the purposes of assisting such care- 3 givers and improving the quality of care provided to frail and disabled 4 persons. The director shall also make available and encourage the utili- 5 zation of such training programs in consultation with the commissioner 6 of health, the commissioner of the office of children and family 7 services, the commissioner of mental health, and the commissioner of 8 [mental retardation and] the office for people with developmental disa- 9 bilities. 10 § 62. Subdivision 6 of section 622 of the correction law, as added by 11 chapter 7 of the laws of 2007, is amended to read as follows: 12 6. Staff of the office of mental health and the office [of mental13retardation and] for people with developmental disabilities may be 14 consulted about the inmate's treatment needs and may assist in providing 15 any additional treatment services determined to be clinically appropri- 16 ate to address the inmate's underlying mental abnormality or disorder. 17 Such treatment services shall be provided using professionally accepted 18 treatment protocols. 19 § 63. Paragraphs (a), (b), and (d) of subdivision 1 of section 330.20 20 of the criminal procedure law, as added by chapter 548 of the laws of 21 1980, are amended to read as follows: 22 (a) "Commissioner" means the state commissioner of mental health or 23 the state commissioner of [mental retardation and] the office for people 24 with developmental [disability] disabilities. 25 (b) "Secure facility" means a facility within the state office of 26 mental health or the state office [of mental retardation and] for people 27 with developmental disabilities which is staffed with personnel 28 adequately trained in security methods and is so equipped as to minimize 29 the risk or danger of escapes, and which has been so specifically desig- 30 nated by the commissioner. 31 (d) "Mentally ill" means that a defendant currently suffers from a 32 mental illness for which care and treatment as a patient, in the in-pa- 33 tient services of a psychiatric center under the jurisdiction of the 34 state office of mental health, is essential to such defendant's welfare 35 and that his judgment is so impaired that he is unable to understand the 36 need for such care and treatment; and, where a defendant is mentally 37 retarded, the term "mentally ill" shall also mean, for purposes of this 38 section, that the defendant is in need of care and treatment as a resi- 39 dent in the in-patient services of a developmental center or other resi- 40 dential facility for the mentally retarded and developmentally disabled 41 under the jurisdiction of the state office [of mental retardation and] 42 for people with developmental disabilities. 43 § 64. Section 725.15 of the criminal procedure law, as amended by 44 chapter 7 of the laws of 2007, is amended to read as follows: 45 § 725.15 Sealing of records. 46 Except where specifically required or permitted by statute or upon 47 specific authorization of the court that directed removal of an action 48 to the family court all official records and papers of the action up to 49 and including the order of removal, whether on file with the court, a 50 police agency or the division of criminal justice services, are confi- 51 dential and must not be made available to any person or public or 52 private agency, provided however that availability of copies of any such 53 records and papers on file with the family court shall be governed by 54 provisions that apply to family court records, and further provided that 55 all official records and papers of the action shall be included in those 56 records and reports that may be obtained upon request by the commission-S. 4276 27 1 er of mental health or commissioner of [mental retardation and] the 2 office for people with developmental disabilities, as appropriate; the 3 case review panel; and the attorney general pursuant to section 10.05 of 4 the mental hygiene law. 5 § 65. Subdivisions 3 and 4 of section 730.10 of the criminal procedure 6 law, as amended by chapter 440 of the laws of 1987, are amended to read 7 as follows: 8 3. "Commissioner" means the state commissioner of mental health or the 9 state commissioner of [mental retardation and] the office for people 10 with developmental disabilities. 11 4. "Director" means (a) the director of a state hospital operated by 12 the office of mental health or the director of a developmental center 13 operated by the office [of mental retardation and] for people with 14 developmental disabilities, or (b) the director of a hospital operated 15 by any local government of the state that has been certified by the 16 commissioner as having adequate facilities to examine a defendant to 17 determine if he is an incapacitated person, or (c) the director of 18 community mental health services. 19 § 66. Subdivision (a) of section 249 of the family court act, as sepa- 20 rately amended by chapter 41 of the laws of 2010 and chapter 3 of the 21 laws of 2012, is amended to read as follows: 22 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 23 this act or where a revocation of an adoption consent is opposed under 24 section one hundred fifteen-b of the domestic relations law or in any 25 proceeding under section three hundred fifty-eight-a, three hundred 26 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b 27 of the social services law or when a minor is sought to be placed in 28 protective custody under section one hundred fifty-eight of this act, 29 the family court shall appoint an attorney to represent a minor who is 30 the subject of the proceeding or who is sought to be placed in protec- 31 tive custody, if independent legal representation is not available to 32 such minor. In any proceeding to extend or continue the placement of a 33 juvenile delinquent or person in need of supervision pursuant to section 34 seven hundred fifty-six or 353.3 of this act or any proceeding to extend 35 or continue a commitment to the custody of the commissioner of mental 36 health or the commissioner of [mental retardation and] the office for 37 people with developmental disabilities pursuant to section 322.2 of this 38 act, the court shall not permit the respondent to waive the right to be 39 represented by counsel chosen by the respondent, respondent's parent, or 40 other person legally responsible for the respondent's care, or by 41 assigned counsel. In any proceeding under article ten-B of this act, the 42 family court shall appoint an attorney to represent a youth, under the 43 age of twenty-one, who is the subject of the proceeding, if independent 44 legal representation is not available to such youth. In any other 45 proceeding in which the court has jurisdiction, the court may appoint an 46 attorney to represent the child, when, in the opinion of the family 47 court judge, such representation will serve the purposes of this act, if 48 independent legal counsel is not available to the child. The family 49 court on its own motion may make such appointment. 50 § 67. Subdivisions 2-a and 2-b of section 3 of section 1 of chapter 51 359 of the laws of 1968, constituting the facilities development corpo- 52 ration act, as added by chapter 547 of the laws of 1979, are amended to 53 read as follows: 54 2-a. "Department" means the department of mental hygiene and the 55 offices of mental health, [mental retardation and developmental disabil-S. 4276 28 1ities] and alcoholism and substance abuse services and the office for 2 people with developmental disabilities of such department. 3 2-b. "Commissioner" means the commissioner of mental health, the 4 commissioner of [mental retardation and] the office for people with 5 developmental disabilities, the [director of the division of alcoholism6and alcohol abuse and the director of the division of] commissioner of 7 alcoholism and substance abuse services. 8 § 68. Subdivision 13-f of section 5 of section 1 of chapter 359 of the 9 laws of 1968, constituting the facilities development corporation act, 10 as added by chapter 90 of the laws of 1989, is amended to read as 11 follows: 12 13-f. The executive director of the facilities development corporation 13 is authorized and empowered to enter into and implement agreements under 14 which the facilities development corporation may designate the commis- 15 sioner of the office of mental health, the commissioner of the office 16 [of mental retardation and] for people with developmental disabilities, 17 the [director of the division of] commissioner of alcoholism and 18 substance abuse services, [or the director of the division of alcoholism19and alcohol abuse,] with respect to their respective facilities, as 20 agents for the facilities development corporation with respect to the 21 financing of voluntary provider not-for-profit community development, 22 and under which such commissioners and directors may act as its agent, 23 with respect to any and all duties for such corporation as set forth and 24 contained in this act. The commissioners, the directors, and the execu- 25 tive director shall enter into such agreements, subject to the approval 26 of the director of the budget, which delineate the respective duties of 27 each party when such commissioners and directors are designated agents 28 of such corporation. 29 § 69. Subdivision 6 of section 5-a of section 1 of chapter 392 of the 30 laws of 1973, constituting the medical care facilities finance agency 31 act, as added by chapter 855 of the laws of 1986, is amended to read as 32 follows: 33 6. As used in this section or in connection with federally-aided mort- 34 gage loan regarding residential facilities for the mentally retarded and 35 developmentally disabled or the mentally disabled or for the care, 36 treatment, training and education of the mentally retarded and develop- 37 mentally disabled or the mentally disabled the term "commissioner" shall 38 also mean the commissioner of mental health or the commissioner of 39 [mental retardation and] the office for people with developmental disa- 40 bilities. 41 § 70. Subdivision cc of section 17-502 of the administrative code of 42 the city of New York, as added by local law number 47 of the city of New 43 York for the year 2002, is amended to read as follows: 44 cc. "Day treatment program" means a facility which is (i) licensed by 45 the state department of health or the office of alcoholism and substance 46 abuse services, the office of mental health, or the office [of mental47retardation and] for people with developmental disabilities within the 48 state department of mental hygiene to provide treatment to aid in the 49 rehabilitation or recovery of its patients based on a structured envi- 50 ronment requiring patient participation for no less than three hours 51 each day; or (ii) which is authorized by the state commissioner of 52 health to conduct a program pursuant to section 80.135 of title ten of 53 the New York code of rules and regulations. 54 § 71. This act shall take effect immediately; provided however: 55 a. the amendments to clause (c) of subparagraph 4 of paragraph b of 56 subdivision 1 of section 4402 of the education law made by section thir-S. 4276 29 1 ty-six of this act shall not affect the expiration and reversion of such 2 clause as provided by subdivision d of section 27 of chapter 378 of the 3 laws of 2007, as amended, when upon such date the provisions of section 4 thirty-seven of this act shall take effect; 5 b. the amendments to paragraph (1) of subdivision 1 of section 364-j 6 of the social services law made by section forty-six of this act shall 7 not affect the repeal of such section and shall be deemed repealed ther- 8 ewith; and 9 c. section sixty-six of this act shall take effect on the same date as 10 the reversion of subdivision (a) of section 249 of the family court act 11 as provided in section 8 of chapter 29 of the laws of 2011, as amended.
