senate Bill S4467

Relating to state mental health and developmental disabilities programs, offices and issues; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 06 / Apr / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 04 / May / 2011
    • 1ST REPORT CAL.549
  • 09 / May / 2011
    • 2ND REPORT CAL.
  • 10 / May / 2011
    • ADVANCED TO THIRD READING
  • 11 / May / 2011
    • SUBSTITUTED BY A6840

Summary

Relates to state mental health and developmental disabilities programs, offices and issues.

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Bill Details

See Assembly Version of this Bill:
A6840
Versions:
S4467
Legislative Cycle:
2011-2012
Law Section:
Mental Hygiene Law
Laws Affected:
Rpld §1.03 sub 21, amd Ment Hyg L, generally; amd §3, Fac Dev Corp Act

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S4467

TITLE OF BILL:

An act
to amend the mental hygiene law and the facilities development
corporation act, in relation to state mental health and developmental
disabilities programs, offices, and issues; and to repeal certain
provisions of the mental hygiene law relating thereto

PURPOSE OF BILL:

This bill would eliminate references in the Mental Hygiene Law (MHL)
to the terms "mental retardation" and "mentally retarded," both of
which are outdated and offensive to persons with developmental
disabilities, and would update the MHL to reflect the use of
person centered language.

SUMMARY OF PROVISIONS:

Sections 1 through 73 of this bill would amend the MHL to: (1)
eliminate references to the terms "mentally retarded" and "mental
retardation;" (2) make technical corrections to update the name of
the agency to the Office for People With Developmental Disabilities;
(3) make technical corrections to reflect that the head of the former
Office of Mental Retardation should now be known as the Commissioner
of Developmental Disabilities; and (4) make corrections to reflect
the use of person-centered language.

Section 74 of this bill would amend Facilities Development Corporation
Act § 3 to change the term "Community Mental Health and Retardation
Facility" to "Community Mental Health and Developmental Disabilities
Facility."

Section 75 of this bill would provide for an immediate effective date.

EXISTING LAW:

Chapter 455 of the Laws of 2007 required the use of person-centered
language when referring to individuals with disabilities and the
avoidance of language that implies that the person as a whole is
disabled or equates the person with the condition.

Chapter 168 of the Laws of 2010 changed the name of the agency to the
Office for People With Developmental Disabilities and changed the
agency commissioner's designation to the Commissioner of
Developmental Disabilities.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

The terms "mental retardation" and "mentally retarded" are outdated
and offensive terms to individuals with developmental disabilities.


The term "mental retardation" is attached to a significant stigma and
has negative connotations. To the extent that "mental retardation"
remains used in clinical contexts, this is encompassed in the MHL
definition of "developmental disabilities." In addition, there is an
international trend toward removing the term "mental retardation"
from diagnostic nomenclature.

Legislation enacted in recent years reflects the movement away from
use of the term "mental retardation." First, Chapter 455 of the
Laws of 2007 required the use of person-centered language when
referring to individuals with disabilities and the avoidance of
language implying that the person as a whole is disabled or equates
the person with the condition. Last year, Chapter 168 of the Laws of
2010 changed the name of the agency to the Office for People With
Developmental Disabilities and changed the agency commissioner's
designation to the Commissioner of Developmental Disabilities. On the
federal level, "Rosa's Law," enacted this year, changed federal laws
to replace references to the term "mentally retardation" with
"intellectual disability," another commonly used term.

BUDGET IMPLICATIONS:

This bill would have no fiscal implications.

EFFECTIVE DATE:

This bill would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4467

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced by Sen. McDONALD -- (at request of the Office for People With
  Developmental  Disabilities)  --  read  twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental Disabilities

AN  ACT  to  amend the mental hygiene law and the facilities development
  corporation act, in relation to state mental health and  developmental
  disabilities  programs,  offices,  and  issues;  and to repeal certain
  provisions of the mental hygiene law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 21 of section 1.03 of the mental hygiene law is
REPEALED.
  S  2.  Paragraph  1  of  subdivision (a) of section 5.07 of the mental
hygiene law, as added by chapter 223 of the laws of 1992 and the opening
paragraph as amended by chapter 558 of the laws of 1999, is  amended  to
read as follows:
  (1)  The  mental  health services council and the advisory councils on
[mental retardation and] developmental disabilities and  alcoholism  and
substance abuse services shall each establish statewide goals and objec-
tives  to  guide  comprehensive planning, resource allocation and evalu-
ation processes for state and local  services  for  [the  mentally  ill,
mentally  retarded  and  developmentally  disabled]  PERSONS WITH MENTAL
ILLNESS, DEVELOPMENTAL DISABILITIES and those  suffering  from  chemical
abuse or dependence, respectively. Such goals and objectives shall:
  a. be measurable in terms of attainment;
  b.  be  communicated  to providers of services, department facilities,
consumers and consumer representatives, and other appropriate state  and
local governmental agencies;
  c.  require  that  all state and local public and private services for
[the mentally disabled] PERSONS WITH MENTAL DISABILITIES  be  organized,
staffed  and  financed to best meet the needs of all [mentally disabled]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09760-02-1

S. 4467                             2

persons WITH MENTAL DISABILITIES whether  receiving  in-patient  or  non
in-patient services;
  d. reflect the partnership between state and local governmental units;
and
  e.  emphasize  that  gaps  in services be filled and that services are
provided to [the multiply disabled] PERSONS WITH MENTAL DISABILITIES.
  S 3. Subdivision (a) of section 5.09 of the  mental  hygiene  law,  as
added by chapter 978 of the laws of 1977, is amended to read as follows:
  (a) The facilities development corporation shall be entitled to exclu-
sive possession, jurisdiction, supervision and control of all real prop-
erty  held  for facilities operated by any of the offices of the depart-
ment, such facilities being defined  as  mental  hygiene  facilities  by
section  three  of the facilities development corporation act, to exclu-
sive possession, jurisdiction, supervision and control of  such  facili-
ties,  and  to all payments made for the care, maintenance and treatment
of patients at such facilities; provided, however, that the directors of
the said corporation shall make all such property and all  such  facili-
ties  available  to  the  commissioners and offices of the department of
mental hygiene for use in the care, maintenance, and  treatment  of  the
mentally disabled.
  The  provisions  of  this section shall not be applicable to community
mental health and [retardation] DEVELOPMENTAL DISABILITIES facilities as
defined in section three of the facilities development  corporation  act
or  to payments made for the care, maintenance and treatment of patients
at such community mental health and [retardation] DEVELOPMENTAL DISABIL-
ITIES facilities.
  S 4. Subdivisions (c) and (g) of section 7.09 of  the  mental  hygiene
law,  subdivision  (c) as amended by chapter 440 of the laws of 1987 and
subdivision (g) as amended by chapter 601  of  the  laws  of  2007,  are
amended to read as follows:
  (c) The commissioner shall administer the forensic psychiatric program
of  the office. Commitments to the commissioner of mental hygiene pursu-
ant to the provisions of the criminal procedure law and  the  correction
law shall be deemed to be commitments to the custody of the commissioner
of  mental health or the commissioner of [mental retardation and] devel-
opmental disabilities, as appropriate. The commissioner of mental health
shall arrange with the commissioner of [mental retardation and] develop-
mental disabilities for the placement, where appropriate,  of  any  such
committed person in a school.
  (g) The commissioner shall work cooperatively with the commissioner of
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities and the commissioner of the office of temporary  and  disa-
bility  assistance to assist the commissioner of education in furnishing
integrated employment services to individuals with severe  disabilities,
including  the  development  of  an integrated employment implementation
plan, pursuant to article twenty-one of the education law.
  S 5. Subdivision (b) of section 7.31 of the  mental  hygiene  law,  as
added by chapter 978 of the laws of 1977, is amended to read as follows:
  (b) The provisions of this section shall not be applicable to communi-
ty  mental  health  and [retardation] DEVELOPMENTAL DISABILITIES facili-
ties, as defined in section three of the facilities  development  corpo-
ration  act,  nor  to  payments  made  for  the  care,  maintenance, and
treatment of patients at such community mental health and  [retardation]
DEVELOPMENTAL DISABILITIES facilities.

S. 4467                             3

  S  6.  Subdivisions  (a) and (b) of section 7.38 of the mental hygiene
law, as amended by chapter 405 of the laws of 1998, are amended to  read
as follows:
  (a)  The  office  shall, in consultation with the department of social
services, the education department, the office  [of  mental  retardation
and]  FOR  PEOPLE  WITH  developmental  disabilities, and the council on
children and families, develop a plan and implement procedures  to  help
assure  that all persons who are at the age or time to first qualify for
transitional care as described in section 7.37-a of  this  article,  and
for  whom  the  office  has  accepted planning responsibilities, receive
assistance in locating an appropriate and available  residential  place-
ment or plan of services, within the state and within the system of care
subject  to  the jurisdiction of the office, prior to the age or time at
which they would otherwise have qualified for transitional care, if such
individual had become twenty-one or become  ineligible  for  educational
services  prior to July first, nineteen hundred ninety-six. For purposes
of this section, the age or time at which a  person  would  qualify  for
transitional  care is twenty-one for persons in foster care, and the end
of the school year in which they become twenty-one for persons in  resi-
dential schools.
  (b)  The  office  shall, in consultation with the department of social
services, the education department, the office  [of  mental  retardation
and]  FOR  PEOPLE  WITH  developmental  disabilities, and the council on
children and families, develop a plan and implement procedures  to  help
assure  that  all  persons  in  transitional  care receive assistance in
locating appropriate and available placements  or  services  within  the
adult  care  systems  supervised or funded by the office, and to monitor
the health and safety of persons receiving transitional funding pursuant
to section 7.37-a of this article. In  connection  with  the  plans  and
procedures,  the  office shall establish standards governing the quality
of care provided to such persons by the residential programs,  including
standards relating to the development and monitoring of written individ-
ual services plans for each such person, the involvement of the individ-
ual  and,  unless  the  individual  objects, parents, guardians or other
persons interested in the care of such persons  in  the  development  of
written  individual  services plans, and the investigation of complaints
relating to the quality of care or services provided to such persons. In
appropriate circumstances, the office shall  work  with  the  individual
and,  unless  the  individual  objects,  the parents, guardians or other
family members to help determine what services  would  be  necessary  to
enable  the family to provide care for the person at their home or in an
independent community setting, and shall provide or assist in  arranging
for those services to the extent funds are available for that purpose.
  S  6-a.  The  title  heading  of title C of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
  [MENTAL RETARDATION AND] DEVELOPMENTAL DISABILITIES ACT
  S 7. The first and second undesignated paragraphs of section 13.01  of
the  mental  hygiene law, as amended by chapter 676 of the laws of 1994,
are amended to read as follows:
  The state of New York and its local governments have a  responsibility
for  the  prevention  and  early  detection  of [mental retardation and]
developmental disabilities and for the comprehensively planned provision
of services including care, treatment habilitation and rehabilitation of
their citizens with [mental retardation and] developmental disabilities.
  Therefore, it shall be the policy of the state to conduct research and
to develop programs to further the prevention  and  early  detection  of

S. 4467                             4

[mental  retardation  and]  developmental  disabilities;  to  develop  a
comprehensive, integrated system of services which has  as  its  primary
purposes  the promotion and attainment of independence, inclusion, indi-
viduality  and  productivity  for  persons with [mental retardation and]
developmental disabilities; to serve the full range of needs of  persons
with  [mental  retardation  and] developmental disabilities by expanding
the number and types of community  based  services  and  developing  new
methods  of  service  delivery; and to improve the equity, effectiveness
and efficiency of services for persons  with  [mental  retardation  and]
developmental  disabilities  by serving persons in the community as well
as those in developmental centers, by improving the conditions in devel-
opmental centers, and by establishing accountability  for  carrying  out
the policies of the state with regard to such persons.
  S 8. The section heading and subdivisions (a), (c), and (f) of section
13.05  of  the  mental  hygiene  law, the section heading as amended and
subdivisions (c) and (f) as added by chapter 802 of the  laws  of  1986,
subdivision  (a)  as  amended  by chapter 90 of the laws of 1990 and the
opening paragraph of subdivision (c) as amended by chapter  168  of  the
laws of 2010, are amended to read as follows:
  [Mental  retardation  and  developmental]  DEVELOPMENTAL  disabilities
advisory council.
  (a) There is hereby established a [mental  retardation  and]  develop-
mental  disabilities  advisory council. The council shall consist of the
commissioner, the chairman of the conference  of  local  mental  hygiene
directors  or  his  designee,  and  at  least thirty-three members to be
appointed by the governor. Members shall be appointed only if they  have
demonstrated  an  active interest in or have obtained professional know-
ledge in the care of persons with [mental retardation or]  developmental
disabilities  or  in the field of [mental retardation and] developmental
disabilities  generally.  The  governor  shall  designate  one  of   the
appointed  members  as  chair. The council shall at all times include in
its membership representatives of community service board [mental retar-
dation  and]  developmental  disabilities  subcommittees,  providers  of
services  and non-governmental organizations concerned with services for
[mentally retarded or developmentally disabled]  persons  WITH  DEVELOP-
MENTAL  DISABILITIES.  At least one-third of the membership of the advi-
sory council shall consist of consumer representatives including persons
with developmental disabilities, or their parents or guardians.
  (c) The [mental retardation and] developmental  disabilities  advisory
council  shall  have  no executive, administrative or appointive duties.
The council shall have the  duty  to  foster  public  understanding  and
acceptance  of developmental disabilities. It shall, in cooperation with
the commissioner  of  developmental  disabilities,  establish  statewide
goals  and  objectives  for  services for individuals with developmental
disabilities and shall advise the commissioner  on  matters  related  to
development  and  implementation of the OPWDD's triennial state develop-
mental disabilities comprehensive plan as required under  paragraph  two
of subdivision (b) of section 5.07 of this chapter. The advisory council
shall  have the power to consider any matter relating to the improvement
of the state developmental disabilities program  and  shall  advise  the
commissioner  of  developmental  disabilities  thereon and on any matter
relating to the performance of their duties with relation to individuals
with developmental disabilities and on policies, goals, budget and oper-
ation of developmental disabilities services.
  1. The council shall establish such committees as deemed necessary  by
the  chair  with  advice  from  the  commissioner. Such committees shall

S. 4467                             5

consider matters related to the various service populations served,  and
programs  certified  by  the office, as well as other matters, including
planning, fiscal, and consumer affairs. The council  shall  prepare  and
issue such reports on its activities as deemed necessary.
  2.  The  council  shall meet at least four times in each full calendar
year. The council shall meet at the request of its chair or the  commis-
sioner.
  (f)  The  council shall assist the commissioner of [mental retardation
and] developmental disabilities with the development and  assessment  of
the  triennial  state  developmental  disabilities  plan  issued  by the
office. To ensure the full  use  of  existing  specialized  and  generic
services  in the community, to ensure that all providers and appropriate
local governmental agencies are  involved,  and  to  ensure  that  local
services  to [developmentally disabled] persons WITH DEVELOPMENTAL DISA-
BILITIES and their families are readily available  and  accessible,  the
council  shall  periodically  assess the local planning process and make
recommendations thereon to the  commissioner  and  to  the  council  for
mental hygiene planning.
  S  9. Section 13.06 of the mental hygiene law, as added by chapter 367
of the laws of 1981, is amended to read as follows:
S 13.06 Annual plan.
  The commissioner shall submit an annual plan to the  director  of  the
budget for his review and approval. Such annual plan shall also be filed
with  the  chairman  of  the  assembly  ways and means committee and the
senate finance committee. Such plan shall identify those community resi-
dences to be converted to intermediate care facilities for [the mentally
retarded] PERSONS WITH DEVELOPMENTAL DISABILITIES.   In developing  such
plan, the commissioner shall utilize specific criteria, including client
eligibility  criteria,  fiscal criteria and such other relevant criteria
as he may deem necessary, to assess the appropriateness of such  conver-
sion.  The  procedures contained in this plan shall be applied on a case
by case basis to individual community residential  sites.  No  community
residence shall be so converted unless it meets such criteria.
  S  10.  Subdivisions  (b),  (c) and (e) of section 13.07 of the mental
hygiene law, subdivisions (b) and (c) as amended by chapter 676  of  the
laws  of 1994 and subdivision (e) as added by chapter 978 of the laws of
1977, are amended to read as follows:
  (b) It shall advise and assist the  governor  in  developing  policies
designed  to  meet  the  needs  of persons with [mental retardation and]
developmental  disabilities  and  encourage  their  full  inclusion  and
participation in society.
  (c)  The  office shall have the responsibility for seeing that persons
with [mental retardation and] developmental  disabilities  specified  in
the  foregoing subdivision are provided with services including care and
treatment, that such services are of high quality and effectiveness, and
that the personal and civil rights of persons  receiving  such  services
are  protected.  The  services provided shall seek to promote and attain
independence, inclusion, individuality and productivity for persons with
[mental retardation and] developmental disabilities.
  (e) Consistent with the requirements of  subdivision  (b)  of  section
5.05 of this chapter, the office shall carry out the provisions of arti-
cle  thirty-one  OF  THIS CHAPTER as such article pertains to regulation
and quality control of services for [the mentally retarded and  develop-
mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES.

S. 4467                             6

  S  11. Subdivisions (a) and (c) of section 13.11 of the mental hygiene
law, as added by chapter 978 of the laws of 1977, are amended to read as
follows:
  (a)  The commissioner shall have the professional jurisdiction, super-
vision, and control of the office and all department facilities for [the
mentally retarded and developmentally disabled]  PERSONS  WITH  DEVELOP-
MENTAL DISABILITIES.
  (c)  The  commissioner  may, within the amounts appropriated therefor,
lease space or facilities in which services for [the  mentally  retarded
and  developmentally  disabled]  PERSONS WITH DEVELOPMENTAL DISABILITIES
are to be provided. He may delegate this  authority  to  the  facilities
development corporation.
  S 12. Section 13.13 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
S 13.13 Local services.
  Local  services  for  [the mentally retarded and developmentally disa-
bled] PERSONS WITH DEVELOPMENTAL DISABILITIES shall be planned, financed
and implemented in accordance with the provisions of  article  forty-one
of this chapter.
  S  13. Subdivision (a) and the opening paragraph of subdivision (c) of
section 13.15 of the mental hygiene law, subdivision (a) as  amended  by
chapter 515 of the laws of 1992 and the opening paragraph of subdivision
(c)  as  amended by chapter 552 of the laws of 1978, are amended to read
as follows:
  (a) The commissioner shall plan, promote, establish, develop,  coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis,   examination,   care,  treatment,  rehabilitation,  training,  and
research for the benefit of individuals [who are mentally  retarded  and
developmentally disabled] WITH DEVELOPMENTAL DISABILITIES. Such programs
shall  include  but  not  be limited to in-patient, out-patient, partial
hospitalization, day care, emergency, rehabilitative, and  other  appro-
priate  treatments  and  services.  He  shall  take all actions that are
necessary, desirable, or proper to implement the purposes of this  chap-
ter  and  to  carry out the purposes and objectives of the office within
the amounts made  available  therefor  by  appropriation,  grant,  gift,
devise, bequest, or allocation from the mental [hygiene] HEALTH services
fund established under section ninety-seven-f of the state finance law.
  The commissioner shall prepare annually for the governor, the legisla-
ture  and the state commission on quality of care for the mentally disa-
bled a written evaluation report concerning the  delivery  of  care  and
services  in  family  care  homes  and  other  community  residences and
projected plans for providing and improving such homes  and  residences.
Such  report concerning family care shall detail efforts to maintain and
improve the quality of care for  [the  mentally  retarded  and  develop-
mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES in the family
care program including, but not limited to the following:
  S  14.  Paragraph  8 of subdivision (a) and paragraph 2 of subdivision
(b) of section 13.16 of the mental hygiene law, as added by chapter  720
of the laws of 1979, are amended to read as follows:
  8. If known, the nature and amount of any interest in, or relationship
with, any other residential facility for [the mentally retarded] PERSONS
WITH DEVELOPMENTAL DISABILITIES, held by any person named in response to
subparagraph (c) of paragraph three of this subdivision or by any affil-
iate of such person.
  2. "Controlling person" of any corporation, partnership or other enti-
ty  means  any  person  who  by reason of a direct or indirect ownership

S. 4467                             7

interest (whether of record  or  beneficial)  has  the  ability,  acting
either  alone  or  in  concert  with  others with ownership interest, to
direct or cause the direction of the  management  or  policies  of  said
corporation,  partnership  or other entity. Neither the commissioner nor
any employee of the department nor any member  of  a  local  legislative
body  of  a county or municipality, nor any county or municipal official
except when acting as the administrator of a  residential  facility  for
[the  mentally  retarded] PERSONS WITH DEVELOPMENTAL DISABILITIES, shall
by reason of his or her  official  position,  be  deemed  a  controlling
person  of  any  corporation,  partnership or other entity nor shall any
person who serves as an officer, administrator or other employee of  any
corporation,  partnership  or  other entity or as a member of a board of
directors or trustees of any corporation be deemed to be  a  controlling
person  of  such corporation, partnership or other entity as a result of
such position or his or her official actions in such position.
  S 15. Subdivisions (b) and (d) of section 13.17 of the mental  hygiene
law,  subdivision (b) as amended by section 1 of part J of chapter 58 of
the laws of 2009 and subdivision (d) as added by chapter 978 of the laws
of 1977, are amended to read as follows:
  (b) There shall  be  in  the  office  the  developmental  disabilities
services  offices  named  below  serving  the  areas either currently or
previously served by a school,  for  the  care  and  treatment  of  [the
mentally  retarded  and  developmentally disabled] PERSONS WITH DEVELOP-
MENTAL DISABILITIES and for research and teaching  in  the  science  and
skills  required  for  the care and treatment of such [mentally retarded
and developmentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES:
  Bernard M. Fineson Developmental Disabilities Services Office
  Brooklyn Developmental Disabilities Services Office
  Broome Developmental Disabilities Services Office
  Capital District Developmental Disabilities Services Office
  Central New York Developmental Disabilities Services Office
  Finger Lakes Developmental Disabilities Services Office
  Institute for Basic Research in Developmental Disabilities
  Hudson Valley Developmental Disabilities Services Office
  Metro New York Developmental Disabilities Services Office
  Long Island Developmental Disabilities Services Office
  Sunmount Developmental Disabilities Services Office
  Taconic Developmental Disabilities Services Office
  Western New York Developmental Disabilities Services Office
  Staten Island Developmental Disabilities Services Office
  The New York State Institute for Basic Research in Developmental Disa-
bilities is designated as  an  institute  for  the  conduct  of  medical
research  and other scientific investigation directed towards furthering
knowledge of  the  etiology,  diagnosis,  treatment  and  prevention  of
[mental retardation and] developmental disabilities.
  (d)  The  commissioner  may permit other offices of the department and
any public or private non-profit organization or  political  subdivision
of the state to operate programs for [the mentally retarded and develop-
mentally  disabled]  PERSONS WITH DEVELOPMENTAL DISABILITIES, not incon-
sistent with the programs and objectives of the office in  any  facility
under  his  jurisdiction. The commissioner may permit any facility under
his jurisdiction to operate programs for [the mentally disabled] PERSONS
WITH MENTAL DISABILITIES, not inconsistent with programs and  objectives
of  the  department,  under  contracts  or agreements with other offices
within the department.

S. 4467                             8

  S 16. Subdivision (a) of section 13.23 of the mental hygiene  law,  as
added by chapter 978 of the laws of 1977, is amended to read as follows:
  (a)  The  commissioner shall have the power to establish such programs
of training and education related to [mental  retardation  and  develop-
mental  disability]  DEVELOPMENTAL DISABILITIES as he shall deem desira-
ble.
  S 17. Paragraphs a and b of subdivision 1 and paragraph a of  subdivi-
sion  3  of section 13.24 of the mental hygiene law, as added by chapter
612 of the laws of 1981, are amended to read as follows:
  a. "Sheltered workshops" means a program operated for the  purpose  of
providing sheltered employment to [mentally retarded and developmentally
disabled] persons WITH DEVELOPMENTAL DISABILITIES.
  b. "Work  activity  and  day  training  services" means pre-vocational
activities defined by regulation of the commissioner designed to enhance
the ability of a [mentally retarded or developmentally disabled]  person
WITH  A  DEVELOPMENTAL  DISABILITY  to receive vocational rehabilitation
services.
  a. Provision of equitable funding to all [developmentally disabled and
mentally retarded] individuals WITH DEVELOPMENTAL DISABILITIES which  is
not dependent upon prior residence in facilities of the office.
  S  18.  Subdivision (b) of section 13.31 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
  (b) The provisions of this section shall not be applicable to communi-
ty mental health and [retardation]  DEVELOPMENTAL  DISABILITIES  facili-
ties,  as  defined in section three of the facilities development corpo-
ration act,  nor  to  payments  made  for  the  care,  maintenance,  and
treatment  of patients at such community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facilities.
  S 19. Subdivision (a) of section 13.33 of the mental hygiene  law,  as
amended  by  chapter  663  of  the  laws  of 1995, is amended to read as
follows:
  (a) Each developmental disabilities services office under  the  juris-
diction of the commissioner shall have a board of visitors consisting of
at  least  seven  but not more than fourteen members; provided, however,
that the Central New York  developmental  disabilities  services  office
shall  have a board of visitors consisting of at least ten, but not more
than seventeen members; and that the Finger Lakes developmental disabil-
ities services office shall have a board of visitors  consisting  of  at
least  fourteen,  but not more than twenty-one members. When a school is
replaced by a developmental disabilities services office, the members of
that school's board of visitors shall continue to serve their  terms  as
the  board  of  visitors for the new developmental disabilities services
office. Members appointed or reappointed after  the  effective  date  of
this  chapter shall be appointed by the governor, by and with the advice
and consent of the senate.   Members shall be appointed  for  four  year
terms  to  expire on the thirty-first day of December of the fourth year
of the term of office provided  however,  when  more  than  three  terms
expire  in  any  one  year,  members may be appointed for terms of fewer
years as designated by the governor so that no more than three  members'
terms  expire  in  any one year. All terms of office shall expire on the
thirty-first day of December of the designated year. A member whose term
has expired shall, however, remain in office until such member's succes-
sor has been appointed and has taken office, or until such member  shall
have resigned or have been removed from office in the manner hereinafter
provided.    Should  any  member  resign  or be removed from office, the
governor shall promptly submit, for senate consent, a  successor  candi-

S. 4467                             9

date  to fill the remaining term of the vacated office. A visitor may be
removed by the governor for cause after notice and an opportunity for  a
hearing  on  the  charges. In making appointments to boards of visitors,
the  governor  shall endeavor to ensure that the membership of each such
board shall adequately reflect  the  composition  of  the  community  or
communities  served  by  the  facility, that the membership of each such
board includes at least three individuals who are parents  or  relatives
of  patients  or of former patients and that the remainder includes only
those persons, including former patients, who shall  have  expressed  an
active interest in, or shall have obtained professional knowledge in the
care  of  [the  mentally  retarded and developmentally disabled] PERSONS
WITH DEVELOPMENTAL DISABILITIES or in [mental retardation and]  develop-
mental disability endeavors generally.
  S  20. The section heading of section 13.37 of the mental hygiene law,
as amended by chapter 508 of the laws of 2008, is  amended  to  read  as
follows:
Powers  of  the  office and commissioner in relation to the planning and
          referral of [mentally retarded and  developmentally  disabled]
          children WITH DEVELOPMENTAL DISABILITIES for adult services.
  S 21. The second undesignated paragraph of section 15.01 of the mental
hygiene  law,  such  section as renumbered by chapter 978 of the laws of
1977, is amended as follows:
  "in need of care and treatment"  means  that  a  person  [is  mentally
retarded] HAS A DEVELOPMENTAL DISABILITY and would benefit from care and
treatment as a resident in a school.
  S  22.  Section 15.03 of the mental hygiene law, as amended by chapter
296 of the laws of 1996, is amended to read as follows:
S 15.03 Admission to a school.
  Unless otherwise specifically provided for  by  statute,  a  [mentally
retarded]  person WITH A DEVELOPMENTAL DISABILITY shall be admitted to a
school as a resident only pursuant to the provisions  of  this  article.
The section of the mental hygiene law under which the resident is admit-
ted  or under which any change of legal status is subsequently effected,
shall be stated in the resident's record. For the purposes of this arti-
cle, a school does not include a facility licensed  as  an  intermediate
care facility, a community residence, or a family care home, except when
such  a  facility  is specifically designated as a school by the commis-
sioner.
  S 23. Paragraph 1 of subdivision (a) and subdivision  (b)  of  section
15.05  of  the mental hygiene law, such section as renumbered by chapter
978 of the laws of 1977, are amended to read as follows:
  1. if he is a relative of the person applying for the admission or  of
the  person alleged to [be mentally retarded] HAVE A DEVELOPMENTAL DISA-
BILITY.
  (b) A certificate, as required by this article,  must  show  that  the
person  [is  mentally retarded] HAS A DEVELOPMENTAL DISABILITY and shall
be based on an  examination  of  the  person  alleged  to  [be  mentally
retarded]  HAVE  A DEVELOPMENTAL DISABILITY made within six months prior
to the date of admission. The date of the certificate shall be the  date
of  such  examination.  All  certificates  shall  contain  the facts and
circumstances upon which the judgment of  the  examiners  is  based  and
shall  show  that  the  condition of the person examined is such that he
needs care or treatment in a school and such other  information  as  the
commissioner may by regulation require.

S. 4467                            10

  S  24.  Subdivision (b) of section 15.13 of the mental hygiene law, as
amended by chapter 789 of the laws  of  1985,  is  amended  to  read  as
follows:
  (b)   If such voluntary resident gives notice in writing to the direc-
tor of the resident's desire to leave the  school,  the  director  shall
promptly  release  the  resident;  provided,  however, that if there are
reasonable grounds for belief that the resident may be in need of invol-
untary care and treatment, the director may retain the  resident  for  a
period  not  to  exceed  seventy-two  hours from receipt of such notice.
Before the expiration of such  seventy-two  hour  period,  the  director
shall  either  release the resident or apply to a court of record in the
county where the school is located for an order authorizing the involun-
tary retention of such resident.  The  application  and  proceedings  in
connection  therewith  shall be in the manner prescribed in this article
for a court authorization to retain an involuntary resident, except that
notice of such application shall be served forthwith and, if  a  hearing
be demanded, the date for hearing to be fixed by the court shall be at a
time  not  later  than  three  days  from  the date such notice has been
received by the court.  If it be determined by the court that the  resi-
dent  [is  mentally  retarded]  HAS A DEVELOPMENTAL DISABILITY and IS in
need of retention for involuntary care and treatment in the school,  the
court  shall  forthwith issue an order authorizing the retention of such
resident for care and treatment in the school, or, if requested  by  the
resident,  his  guardian,  or committee, such other non-public school as
may be within the financial means of the  resident,  for  a  period  not
exceeding  sixty  days from the date of such order. Further applications
for retention of the resident for periods not exceeding  one  year,  and
successive  two year periods thereafter, respectively, may thereafter be
made in accordance with the provisions of this article.
  In the case of a resident under eighteen years  of  age,  such  notice
requesting  release of the resident may be given by the resident, by the
person who made application for his admission, by a person of  equal  or
closer  relationship  to  the  resident,  or by the mental hygiene legal
service. If such notice be given by any other person, the  director  may
in  his discretion refuse to discharge the resident and, in the event of
such refusal, such other person or the mental hygiene legal service  may
apply  to  the supreme court or to a county court for the release of the
resident.
  S 25. Paragraph 1 of subdivision (a) of section 15.15  of  the  mental
hygiene  law,  such  section as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
  1. that the school to which he is requesting admission is a school for
[the mentally retarded] PERSONS WITH DEVELOPMENTAL DISABILITIES.
  S 26. Subdivision (a) of section 15.19 of the mental hygiene law, such
section as renumbered by chapter 978 of the laws of 1977, is amended  to
read as follows:
  (a) It shall be the duty of all state and local officers having duties
to  perform  relating  to  [the mentally retarded] PERSONS WITH DEVELOP-
MENTAL DISABILITIES to encourage any such person suitable  therefor  and
in  need  of care and treatment for [mental retardation] A DEVELOPMENTAL
DISABILITY to apply for admission as a voluntary resident.
  S 27. Subdivisions (a) and (c) of section 15.25 of the mental  hygiene
law,  subdivision  (c) as amended by chapter 789 of the laws of 1985 and
such section as renumbered by chapter 978  of  the  laws  of  1977,  are
amended to read as follows:

S. 4467                            11

  (a)  The  director  of  any school may receive and retain therein as a
resident any person in need of care and treatment who  does  not  object
thereto  and who is so profoundly or severely [mentally retarded] DEVEL-
OPMENTALLY DISABLED that he does not have  sufficient  understanding  to
make him suitable for admission as a voluntary resident upon an applica-
tion,  accompanied  by a certificate of an examining physician or certi-
fied psychologist.  The application shall conform  to  the  requirements
for  an  application set forth in section [33.27] 15.27 OF THIS ARTICLE.
The certificate of the examining physician or certified psychologist, in
addition to the other requirements for such  certificate  set  forth  in
this  article, must show that the person sought to be admitted meets the
requirements of this section.
  (c) If notice in writing that the resident be released from the school
is given to the director by the resident or any person on his behalf  or
by the mental hygiene legal service, the director shall promptly release
the  resident;  provided, however, that, if there are reasonable grounds
for belief that the resident may be in  need  of  involuntary  care  and
treatment,  the  director  may  retain  the resident for a period not to
exceed seventy-two hours from the receipt of  such  notice.  Before  the
expiration  of  such  seventy-two hour period, the director shall either
release the resident or apply to a court of record in the  county  where
the school is located for an order authorizing the involuntary retention
of  such  resident. The application and proceedings in connection there-
with shall be in the manner prescribed  in  this  article  for  a  court
authorization  to  retain an involuntary resident, except that notice of
such application  shall  be  served  forthwith  and,  if  a  hearing  be
demanded,  the  date  for hearing to be fixed by the court shall be at a
time not later than three days  from  the  date  such  notice  has  been
received  by the court.  If it be determined by the court that the resi-
dent [is mentally retarded] HAS A DEVELOPMENTAL  DISABILITY  and  IS  in
need  of retention for involuntary care and treatment in the school, the
court shall forthwith issue an order authorizing the retention  of  such
resident for care and treatment in the school for a period not exceeding
sixty  days  from  the  date  of  such order.   Further applications for
retention of the resident  for  periods  not  exceeding  one  year,  and
successive  two year periods thereafter, respectively, may thereafter be
made in accordance with the provisions of this article.
  S 28. Subdivision (a), paragraphs 1  and  4  of  subdivision  (b)  and
subdivision  (c) of section 15.27 of the mental hygiene law, paragraph 4
of subdivision (b) as amended by chapter 7 of the laws of 2007 and  such
section as renumbered by chapter 978 of the laws of 1977, are amended to
read as follows:
  (a) The director of a school may receive and retain therein as a resi-
dent  any  person alleged to [be mentally retarded] HAVE A DEVELOPMENTAL
DISABILITY and BE in need of involuntary care  and  treatment  upon  the
certificates  of  two examining physicians or of one examining physician
and one certified psychologist, accompanied by an  application  for  the
admission  of  such person. The examination may be conducted jointly but
each examiner shall execute a separate certificate.
  1. any person with whom the person alleged to [be  mentally  retarded]
HAVE A DEVELOPMENTAL DISABILITY resides.
  4.  an officer of any well recognized charitable institution or agency
or home including but not limited to the superintendent of a correction-
al facility, as such term is defined in  paragraph  (a)  of  subdivision
four  of  section  two  of  the correction law, in whose institution the

S. 4467                            12

person alleged to [be mentally retarded] HAVE A DEVELOPMENTAL DISABILITY
resides.
  (c) Such application shall contain a statement of the facts upon which
the allegation of [mental retardation] DEVELOPMENTAL DISABILITY and need
for  care and treatment are based and shall be executed under penalty of
perjury but shall not require the signature of a notary public thereon.
  S 29. Paragraph 1 of subdivision (b) of section 15.29  of  the  mental
hygiene  law,  such  section as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
  1. the  nearest  relative  of  the  person  alleged  to  [be  mentally
retarded]  HAVE A DEVELOPMENTAL DISABILITY, other than the applicant, if
there be any such person known to the director.
  S 30. Subdivision (c) of section 15.31 of the mental hygiene  law,  as
amended  by  chapter  789  of  the  laws  of 1985, is amended to read as
follows:
  (c) The court which receives such notice shall fix the  date  of  such
hearing  at a time not later than five days from the date such notice is
received by the court and cause the resident, any other person  request-
ing the hearing, the director, the mental hygiene legal service and such
other  persons  as  the  court may determine to be advised of such date.
Upon such date, or upon such other date to which the proceeding  may  be
adjourned, the court shall hear testimony and examine the person alleged
to  [be  mentally  retarded]  HAVE  A  DEVELOPMENTAL DISABILITY if it be
deemed advisable in or out of court. If it be determined that the  resi-
dent  is  in need of retention, the court shall deny the application for
the resident's release. If it appears that the relatives of the resident
or a committee of his person are willing and able properly to  care  for
him at some place other than a school, then, upon their written consent,
the court may order the transfer of the resident to the care and custody
of  such relatives or such committee. If it be determined that the resi-
dent is not in need of retention, the court shall order the  release  of
the resident.
  S  31. Section 15.35 of the mental hygiene law, as renumbered by chap-
ter 978 of the laws of 1977, is amended to read as follows:
S 15.35 Review of court authorization to retain an involuntary resident.
  If a person who has been denied release or whose retention or  contin-
ued retention has been authorized pursuant to this article, or any rela-
tive  or  friend  in  his behalf, be dissatisfied with any such order he
may, within thirty days after the making of any  such  order,  obtain  a
rehearing  and a review of the proceedings already had and of such order
upon a petition to a justice of the supreme court other than  the  judge
or  justice  presiding  over  the  court making such order. Such justice
shall cause a jury to be summoned and shall  try  the  question  of  the
[mental retardation] DEVELOPMENTAL DISABILITY and the need for retention
of  the  resident so authorized to be retained. Any such resident or the
person applying on his behalf for such review may  waive  the  trial  of
such  fact by a jury and consent in writing to trial of such fact by the
court. No such petition for rehearing and review may be made  by  anyone
other  than the person so authorized to be retained or the father, moth-
er, husband, wife, or child of such person, unless the petitioner  shall
have first obtained the leave of the court upon good cause shown. If the
verdict  of  the  jury, or the decision of the court when jury trial has
been waived, be that such person is  not  [mentally  retarded]  DEVELOP-
MENTALLY  DISABLED  or  is  not  in  need of retention the justice shall
forthwith discharge him, but if the verdict of the jury, or the decision
of the court where a jury trial has been waived, be that such person [is

S. 4467                            13

mentally retarded] HAS A DEVELOPMENTAL DISABILITY  and  IS  in  need  of
retention  the justice shall certify that fact and make an order author-
izing continued retention under the original order.  Such order shall be
presented,  at  the time of authorization of continued retention of such
[mentally retarded] person WITH  A  DEVELOPMENTAL  DISABILITY,  to,  and
filed  with, the director of the school in which the [mentally retarded]
person WITH A DEVELOPMENTAL DISABILITY is authorized to be retained, and
a copy thereof shall be forwarded to the department by such director and
filed in the office thereof. Proceedings under the order  shall  not  be
stayed pending an appeal therefrom, except upon an order of a justice of
the supreme court, made upon notice and after a hearing, with provisions
made  therein  for  such  temporary  care  or confinement of the alleged
[mentally retarded] person WITH A DEVELOPMENTAL  DISABILITY  as  may  be
deemed necessary.
  S 32. The section heading, subdivisions (a) and (b) and paragraph 1 of
subdivision  (c) of section 16.01 of the mental hygiene law, as added by
chapter 786 of the laws of 1983 and paragraph 1 of  subdivision  (c)  as
added  by  chapter  234  of  the  laws  of  1998, are amended to read as
follows:
  Evaluation of services for [the mentally retarded and  developmentally
disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES.
  (a)  The  commissioner  shall  ensure that all services provided under
this chapter for [the mentally retarded  and  developmentally  disabled]
PERSONS WITH DEVELOPMENTAL DISABILITIES are periodically evaluated.
  (b)  The  commissioner  shall,  by regulations, establish and maintain
evaluation criteria and methods which assure the utility of data  gener-
ated  in  the  evaluation  of  services  in different areas of the state
provided under this chapter for  [the  mentally  retarded  and  develop-
mentally  disabled]  PERSONS WITH DEVELOPMENTAL DISABILITIES, including,
but not limited to:
  (1) Uniform definitions of services  to  [the  mentally  retarded  and
developmentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES;
  (2) Uniform standards for all comparable services and programs;
  (3) Uniform financial reporting procedures for comparable providers;
  (4) Uniform clinical reporting procedures; and
  (5)  Requirements  for  the generation and maintenance of uniform data
for all individuals receiving services from any provider of services.
  (1) Notwithstanding any other provision of law, the  commissioner,  or
his  designee,  may  require from any hospital, as defined under article
twenty-eight of the public  health  law,  any  information,  report,  or
record  necessary  for the purpose of carrying out the functions, powers
and duties of the commissioner related to the  investigation  of  deaths
and  complaints  of abuse, mistreatment, or neglect concerning [mentally
retarded or developmentally disabled individuals] PERSONS WITH  DEVELOP-
MENTAL DISABILITIES who receive services, or had prior to death received
services,  in  a facility as defined in section 1.03 of this chapter, or
are receiving medicaid waiver services from the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities in  a  non-certi-
fied setting, and have been treated at such hospitals.
  S 33. Paragraphs 1, 2 and 3 of subdivision (a) of section 16.03 of the
mental  hygiene  law,  as  added  by chapter 786 of the laws of 1983 and
paragraph 3 as amended by chapter 555 of the laws 1993, are  amended  to
read as follows:
  (1)  Operation of a residential facility for the care and treatment of
[the mentally retarded or developmentally disabled] PERSONS WITH  DEVEL-
OPMENTAL DISABILITIES including a family care home.

S. 4467                            14

  (2)  Operation  of  any  distinct  part of a general hospital or other
facility possessing an operating certificate, pursuant to article  twen-
ty-eight  of  the public health law, operated for the primary purpose of
providing residential or  non-residential  services  for  [the  mentally
retarded  or  developmentally disabled] PERSONS WITH DEVELOPMENTAL DISA-
BILITIES.
  (3) Operation of a facility established  or  maintained  by  a  public
agency,  board,  or commission, or by a corporation or voluntary associ-
ation for the rendition of out-patient or non-residential  services  for
[the  mentally retarded or developmentally disabled] PERSONS WITH DEVEL-
OPMENTAL DISABILITIES; provided, however, that such operation shall  not
be  deemed  to  include (i) professional practice, within the scope of a
professional license or certificate issued by an agency of the state, by
an individual practitioner or by a partnership of such individuals or by
a professional service corporation duly  incorporated  pursuant  to  the
business corporation law or by a university faculty practice corporation
duly incorporated pursuant to the not-for-profit corporation law or (ii)
non-residential  services which are licensed, supervised, or operated by
another agency of the state and non-residential services which are char-
tered or issued a certificate of incorporation pursuant to the education
law or (iii) pastoral counseling by a clergyman or  minister,  including
those  defined  as clergyman or minister by section two of the religious
corporations law.
  S 34. Subdivision (i) of section 16.05 of the mental hygiene  law,  as
amended  by  chapter  618  of  the  laws  of 1990, is amended to read as
follows:
  (i) In the event that the holder of an  operating  certificate  for  a
residential facility issued by the commissioner pursuant to this article
wishes  to  cease  the operation or conduct of any of the activities, as
defined in paragraph one of subdivision (a) of  section  16.03  of  this
article,  for  which such certificate has been issued or to cease opera-
tion of any one or more of facilities for  which  such  certificate  has
been  issued;  wishes  to transfer ownership, possession or operation of
the premises  and  facilities  upon  which  such  activities  are  being
conducted  or  to transfer ownership, possession or operation of any one
or more of the premises or facilities for  which  such  certificate  has
been  issued; or elects not to apply to the commissioner for re-certifi-
cation upon the expiration of any current period  of  certification,  it
shall be the duty of such certificate holder to give to the commissioner
written  notice  of such intention not less than sixty days prior to the
intended effective date of such transaction. Such notice shall set forth
a detailed plan which makes provision for the safe and orderly  transfer
of  each  [mentally  retarded or developmentally disabled] person WITH A
DEVELOPMENTAL DISABILITY served by such certificate holder  pursuant  to
such certificate into a program of services appropriate to such person's
on-going  needs  and/or for the continuous provision of a lawfully oper-
ated program of such activities and services at the premises and facili-
ties to be conveyed by the certificate holder. Such  certificate  holder
shall  not  cease  to  provide  any  such services to any such [mentally
retarded or developmentally disabled] person WITH A DEVELOPMENTAL  DISA-
BILITY  under  any  of the circumstances described in this section until
the notice and plan required hereby are received, reviewed and  approved
by the commissioner. For the purposes of this paragraph, the requirement
of prior notice and continuous provision of programs and services by the
certificate  holder  shall  not apply to those situations and changes in
circumstances directly affecting the certificate  holder  that  are  not

S. 4467                            15

reasonably  foreseeable  at  the  time of occurrence, including, but not
limited to, death or other sudden incapacitating disability or  infirmi-
ty. Written notice shall be given to the commissioner as soon as reason-
ably possible thereafter in the manner set forth within this [paragraph]
SUBDIVISION.
  S  35.  Subdivision (b) of section 16.11 of the mental hygiene law, as
added by chapter 786 of the laws of 1983, is amended to read as follows:
  (b) The commissioner shall have the power  to  conduct  investigations
into  the  operations  of  any person or entity which holds an operating
certificate issued by the office, into the operation of any facility  or
program issued an operating certificate by the office and into the oper-
ations,  related to the provision of services regulated by this chapter,
of any person or entity providing a residence for one or more  unrelated
persons  [who  are  mentally  retarded or developmentally disabled] WITH
DEVELOPMENTAL DISABILITIES.
  S 36. The opening paragraph and  subparagraph  c  of  paragraph  1  of
subdivision  (b)  of section 16.17 of the mental hygiene law, as amended
by chapter 169 of the laws of 1992, are amended to read as follows:
  An operating certificate may be temporarily suspended or limited with-
out a prior hearing for a period not in excess of sixty days upon  writ-
ten  notice to the facility following a finding by the office [of mental
retardation and] FOR  PEOPLE  WITH  developmental  disabilities  that  a
client's  health  or safety is in imminent danger. Upon such finding and
notice, the power of the commissioner temporarily to suspend or limit an
operating certificate shall include, but shall not be  limited  to,  the
power to:
  c. Suspend or limit or cause to be suspended or limited the payment of
any  governmental  funds to the facility provided that such action shall
not in any way jeopardize the health, safety and welfare of any [mental-
ly retarded or developmentally disabled]  person  WITH  A  DEVELOPMENTAL
DISABILITY in such program or facility;
  S  37. The section heading, subdivisions (a), (c) and paragraphs 1 and
3 of subdivision (d) of section 16.19 of the  mental  hygiene  law,  the
section heading and subdivision (a) as amended by chapter 91 of the laws
of 1993 and subdivision (c) and paragraphs 1 and 3 of subdivision (d) as
amended  by  chapter  356  of  the  laws of 2006, are amended to read as
follows:
Confinement, care and treatment of [the mentally retarded  and  develop-
          mentally disabled] PERSONS WITH DEVELOPMENTAL DISABILITIES.
  (a) No individual who is or appears to [be mentally retarded or devel-
opmentally  disabled] HAVE A DEVELOPMENTAL DISABILITY shall be detained,
deprived of liberty or otherwise confined without lawful  authority,  or
inadequately,  unskillfully, cruelly or unsafely cared for or supervised
by any person.
  (c) In addition to any other remedies available  under  this  article,
the  commissioner may bring an action in the supreme court to enjoin any
person from unlawfully  subjecting  a  [mentally  retarded  or  develop-
mentally  disabled]  person WITH A DEVELOPMENTAL DISABILITY to physical,
sexual, or emotional abuse, or  active,  passive  or  self  neglect,  or
detaining  a [mentally retarded or developmentally disabled] person WITH
A DEVELOPMENTAL DISABILITY or providing inadequate, unskillful, cruel or
unsafe care or supervision for such a person.
  (1) If, upon receiving a report that any adult thought to have [mental
retardation or another] A developmental disability has been subjected to
physical, sexual,  or  emotional  abuse,  or  active,  passive  or  self
neglect,  and  the commissioner has reason to believe that such adult is

S. 4467                            16

known by the commissioner to have received services from providers  duly
authorized  by  the commissioner and has been subjected to such abuse or
neglect, the commissioner shall intervene pursuant to this  section  or,
if  such adult has not received services from said authorized providers,
the commissioner shall, immediately or as soon  as  practicable,  notify
adult  protective  services established pursuant to section four hundred
seventy-three of the social services law. The commissioner shall, within
forty-eight hours, forward copies  of  reports  made  pursuant  to  this
subdivision  to the state commission of quality of care and advocacy for
persons with disabilities and indicate if such report  was  referred  to
adult protective services.
  (3)  The  commissioner  and  the  commissioner  of children and family
services shall submit a report on the  physical,  sexual,  or  emotional
abuse,  or active, passive or self neglect of adults with [mental retar-
dation or other] developmental disabilities to the  governor,  temporary
president  of  the  senate and speaker of the assembly by January first,
two thousand seven, and annually thereafter. In  consultation  with  the
commission  on  quality  of care and advocacy for persons with disabili-
ties, the commissioner and  the  commissioner  of  children  and  family
services  shall include in such report a description of systemic issues;
a summary of strategies used for intervening in such  cases;  an  evalu-
ation  of the success of such strategies; an evaluation of the implemen-
tation of the memorandum of understanding developed  pursuant  to  para-
graph  two  of this subdivision and the specific status of developmental
disabilities services offices and local departments of social  services,
with  respect to entering into an agreement as required by paragraph two
of this subdivision; and any recommendations the  commissioner  believes
are  necessary  to protect adults from abuse or mistreatment. The report
shall also include the number of reports and a summary of  common  situ-
ations and trends contained in such reports which were:
  a. made to the commissioner pursuant to paragraph one of this subdivi-
sion;
  b. not referred to adult protective services, but in response to which
the commissioner intervened, and the outcome of such intervention; and
  c.  referred to adult protective services pursuant to paragraph one of
this subdivision and the outcome of such referral.
  S 38. Subdivision (b) of section 16.29 of the mental hygiene  law,  as
amended  by  chapter  24  of  the  laws  of  2007, is amended to read as
follows:
  (b) The commissioner shall provide necessary assistance to  the  state
commission on quality of care and advocacy for persons with disabilities
in the conduct of investigations pursuant to section 45.07 of this chap-
ter,  shall  consider its recommendations for appropriate preventive and
remedial action including legal actions, and shall provide or  direct  a
residential  facility  licensed  or  operated  by  the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities  to  provide
written  reports  thereon  to the commission as to the implementation of
plans of prevention and remediation approved by such office.
  S 39. Paragraph 1 of subdivision (a) of section 16.31  of  the  mental
hygiene  law, as added by chapter 618 of the laws of 1990, is amended to
read as follows:
  1. For persons  residing  in  family  care,  community  residences  or
schools for [the mentally retarded] PERSONS WITH DEVELOPMENTAL DISABILI-
TIES,  the  amount  specified  in subdivision one of section one hundred
thirty-one-o of the social services law.

S. 4467                            17

  S 40. The section heading of section 16.35 of the mental hygiene  law,
as  added  by  section 2 of part F of chapter 58 of the laws of 2007, is
amended to read as follows:
[Mental   retardation   and  developmental]  DEVELOPMENTAL  disabilities
           services quality improvement demonstration program.
  S 41. Subdivision (b) of section 29.07 of the mental  hygiene  law  is
amended to read as follows:
  (b)  If  the  commissioner shall determine that overcrowding exists in
the department schools, he may, within the amounts  appropriated  there-
for,  authorize  admission  for  care  and  treatment  of  any [mentally
retarded] person WITH A DEVELOPMENTAL DISABILITY to a designated facili-
ty approved for such purposes by the commissioner. The patient  and  any
liable  relatives shall be liable for payment of fees in accordance with
article forty-three of this chapter.
  S 42. Subparagraph (v) of paragraph 2 of subdivision  (b)  of  section
31.27  of  the  mental hygiene law, as amended by section 2 of part E of
chapter 111 of the laws of 2010, is amended to read as follows:
  (v) a description of local  resources  available  to  the  program  to
prevent  unnecessary  hospitalizations  of  persons, which shall include
agreements with local mental health, health, substance abuse, alcoholism
or alcohol abuse, [mental retardation and]  developmental  disabilities,
or social services agencies to provide appropriate services;
  S  43.  Paragraph 11 of subdivision (a) of section 33.02 of the mental
hygiene law, as amended by chapter 306 of the laws of 1995,  is  amended
to read as follows:
  11. an individualized plan of treatment or services and to participate
in  the development of that plan including the opportunity for a patient
sixteen years of age or older to request  a  significant  individual  to
himself  or  herself  including any relative, close friend or individual
otherwise concerned with such person's welfare  to  participate  in  the
development of such plan, except that at comprehensive psychiatric emer-
gency  programs such plan shall be in accordance with the commissioner's
regulations and the opportunity for participation by a significant indi-
vidual shall be provided where practicable. For  the  purposes  of  this
paragraph,  a  written  treatment plan may include the program narrative
for clients served by an integrated community certified  by  the  office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities;
  S  44. Paragraph 1 of subdivision (d) and paragraphs 1 and 2 of subdi-
vision (e) of section 33.03 of the mental hygiene law, as added by chap-
ter 57 of the laws of 1988 and paragraphs 1 and 2 of subdivision (e)  as
added  by  chapter  210  of  the  laws  of  2008, are amended to read as
follows:
  1. Such standards shall take into account the: medical, psychological,
social, vocational,  educational  and  recreational  needs  of  patients
including  the  specialized needs of patients such as those whose mental
illness is combined with chemical dependency[,  mental  retardation]  or
developmental disability. The standards shall also take into account the
type  and  mix  of programs required at a given facility, and the avail-
ability of programming at a variety of times and locations.
  1. Notwithstanding the provisions of subdivisions  four  and  five  of
section  twenty-nine  hundred  eighty-one  of the public health law, the
commissioners of health,  and  [mental  retardation  and]  developmental
disabilities  may  approve and authorize the use of a simplified advance
health care directives form by persons receiving supports  and  services
from  a  provider  of  services  which is authorized to provide services
pursuant to article sixteen of this chapter. Such form shall specify, at

S. 4467                            18

the option of the principal, what end-of-life treatment the person wish-
es to receive; may designate a health care  agent  consistent  with  the
provisions  of  this  article;  and may, at the option of the principal,
authorize the health care agent to commence making decisions immediately
upon  the  execution of the proxy, provided that all such decisions made
prior to a determination of incapacity pursuant to  section  twenty-nine
hundred  eighty-three  of  the public health law shall be made in direct
consultation  with  the  principal  and  the  attending  physician;  and
provided, further, that if, after such consultation, the principal disa-
grees  with  the agent's proposed decision, the principal's wishes shall
prevail; and provided, further, that, in the case  of  any  decision  to
withhold  or withdraw artificial nutrition or hydration, the principal's
wishes must have been recorded in the health care directive or stated in
the presence of the agent and  the  attending  physician;  and  further,
provided,  that  the  consultation  among principal, agent and attending
physician must be summarized and recorded  in  the  principal's  medical
record.
  2.  The  simplified advance health care directives form, authorized by
paragraph one of this subdivision, shall be developed by the commission-
er of [mental retardation and] developmental disabilities, in  consulta-
tion with the commissioner of health, providers of service authorized to
provide services pursuant to article sixteen of this chapter, advocates,
including  self-advocates,  and  parents  and  family members of persons
receiving services from such providers.
  S 45. Section 33.06 of the mental hygiene law, as added by chapter 192
of the laws of 2010, is amended to read as follows:
S 33.06 Reports of abuse or mistreatment.
  The commissioner of the office of mental health and  the  commissioner
of  the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities shall establish procedures or mechanisms to receive allega-
tions or complaints of abuse or mistreatment of  individuals  served  by
agencies  and  providers  licensed or operated by the offices, including
receipt of anonymous allegations or complaints.  Such  mechanisms  shall
include  the  operation of a toll-free number. Allegations or complaints
received shall be evaluated and, if necessary, referred for  appropriate
corrective  action,  consistent  with  laws,  regulations and procedures
established for the investigation, resolution and response  to  incident
reports  to ensure the care and safety of all patients. The inability of
the person reporting the  abuse  to  identify  the  alleged  perpetrator
shall,  in  no  circumstance,  constitute  the sole cause to reject such
allegation for investigation  or  fail  to  refer  such  allegation  for
corrective  action.  When  an  allegation  of abuse or maltreatment of a
child is made, the allegation shall be referred to the statewide central
register of  child  abuse  and  maltreatment,  established  pursuant  to
section four hundred twenty-two of the social services law.
  S  46.  Subdivisions  (f),  (h) and (i) of section 33.07 of the mental
hygiene law, as added by section 2 of part A of chapter 111 of the  laws
of 2010, are amended to read as follows:
  (f)  The  commissioners  of  mental  health,  [mental retardation and]
developmental disabilities, and alcoholism and substance abuse  services
shall post on the offices' respective websites, in a prominent location,
the applicable standards, regulations and/or policies established pursu-
ant to this section.
  (h)  The office of mental health and the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities and mental hygiene legal
service shall collaboratively review, at least annually, the  management

S. 4467                            19

of  funds  which  a department facility director receives as a represen-
tative payee or of funds received pursuant  to  section  29.23  of  this
title.  In  such  review, the office of mental health and the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities shall
make  available  final  federal  reviews  regarding  facility directors'
handling of federal benefits and other  related  documents  to  aid  the
proper conduct of such review.
  (i)  The office of mental health and the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities shall, by the  fifteenth
day  of  December  of  each  year, commencing on December fifteenth, two
thousand eleven, submit and publish on its official website, a report to
the governor, speaker  of  the  assembly,  temporary  president  of  the
senate,  chair of the assembly committee on mental health, and the chair
of the senate committee on mental health, detailing how persons' federal
benefits are being utilized.
  S 47. Subparagraph (ii) of paragraph 13 of subdivision (c) of  section
33.13  of  the mental hygiene law, as amended by chapter 491 of the laws
of 2008, is amended to read as follows:
  (ii)  providing  information  to  the  criminal  justice   information
services  division of the federal bureau of investigation by the commis-
sioner of mental health or the commissioner of [mental retardation  and]
developmental disabilities, for the purposes of responding to queries to
the national instant criminal background check system regarding attempts
to purchase or otherwise take possession of firearms, in accordance with
applicable federal laws or regulations.
  S  48. Paragraphs 3 and 6 of subdivision (a) and paragraph 2 of subdi-
vision (b) of section 33.16 of the mental hygiene law,  paragraph  3  of
subdivision (a) as amended by chapter 571 of the laws of 2005, paragraph
6  of  subdivision  (a) as separately amended by chapters 226 and 233 of
the laws of 1991 and paragraph 2 of subdivision (b) as amended by  chap-
ter 233 of the laws of 1991, are amended to read as follows:
  3. "Facility"  means  a  facility  as  defined in section 1.03 of this
chapter, a program requiring approval for operation pursuant to  article
thirty-two  of this chapter, institutions offering training in psychoth-
erapy, psychoanalysis and related areas chartered  pursuant  to  section
two  hundred  sixteen  of the education law, or, notwithstanding section
1.03 of this chapter, any provider of services for persons  with  mental
illness[,  mental  retardation]  or  developmental disabilities which is
operated by, under contract with, receives funding from, or is otherwise
approved to render services by, a director of community services  pursu-
ant  to article forty-one of this chapter or one or both of the offices,
including any such provider which is exempt from the requirement for  an
operating  certificate  under  article  sixteen or article thirty-one of
this chapter.
  6. "Qualified person" means any properly identified patient or client,
guardian of a [mentally retarded  or  developmentally  disabled]  person
WITH  A  DEVELOPMENTAL  DISABILITY  appointed pursuant to article seven-
teen-A of the surrogate's court  procedure  act,  or  committee  for  an
incompetent  appointed pursuant to [article seventy-eight of] this chap-
ter or a parent of an infant, or  a  guardian  of  an  infant  appointed
pursuant  to article seventeen of the surrogate's court procedure act or
other legally appointed guardian of an infant who  may  be  entitled  to
request  access  to  a  clinical  record  pursuant to paragraph three of
subdivision (b) of this section, or a parent, spouse or adult  child  of
an  adult  patient  or client who may be entitled to request access to a

S. 4467                            20

clinical record pursuant to paragraph four of subdivision  (b)  of  this
section.
  2.  Subject to the provisions of subdivision (c) of this section, upon
the written request of a committee for an incompetent appointed pursuant
to [article seventy-eight of] this chapter or a guardian of  the  person
of  a  [mentally  retarded  or  developmentally  disabled] person WITH A
DEVELOPMENTAL DISABILITY appointed pursuant to  article  seventeen-A  of
the  surrogate's court procedure act, a facility shall provide an oppor-
tunity, within ten days, for the committee or such guardian  to  inspect
any  clinical  record concerning the patient or client in the possession
of such facility. Provided, however, in the case of any such request  by
such a guardian to inspect the clinical record concerning a client eigh-
teen  years  of  age  or older, the facility shall notify such client of
such request.
  S 49. Section 41.01 of the mental hygiene law, as amended  by  chapter
978  of  the laws of 1977, the closing paragraph as amended by section 6
of part E of chapter 111 of the laws of 2010,  is  amended  to  read  as
follows:
S 41.01 Declaration of purpose.
  This  article is designed to enable and encourage local governments to
develop in  the  community  preventive,  rehabilitative,  and  treatment
services  offering continuity of care; to improve and to expand existing
community programs for [the mentally ill, the mentally retarded and  the
developmentally  disabled]  PERSONS  WITH  MENTAL ILLNESS, DEVELOPMENTAL
DISABILITIES, and those suffering from the diseases  of  alcoholism  and
substance  abuse;  to  plan  for  the integration of community and state
services and facilities for [the  mentally  disabled]  INDIVIDUALS  WITH
MENTAL  DISABILITIES;  and to cooperate with other local governments and
with the state in the provision of joint services and sharing of manpow-
er resources.
  Effective implementation of this article requires  the  direction  and
administration,  by  each local governmental unit, of a local comprehen-
sive planning process for its geographic area in which all providers  of
services  shall participate and cooperate in the provision of all neces-
sary information. It also initiates  a  planning  effort  involving  the
state,  local governments and other providers of service for the purpose
of promoting continuity of care through the  development  of  integrated
systems  of  care and treatment for [the mentally ill, mentally retarded
and developmentally disabled] INDIVIDUALS WITH MENTAL ILLNESS,  DEVELOP-
MENTAL  DISABILITIES, and for those suffering from the diseases of alco-
holism and substance abuse.
  S 50. Subdivisions 3, 4, 6 and  9  of  section  41.03  of  the  mental
hygiene  law,  subdivision  3  as  amended by chapter 746 of the laws of
1986, subdivisions 4 and 9 as amended by chapter  223  of  the  laws  of
1992,  subdivision  6  as amended by chapter 520 of the laws of 1981 and
subdivisions 4, 6 and 9 as renumbered by section 7 of part E of  chapter
111 of the laws of 2010, are amended to read as follows:
  3. "local  services"  includes  services  for  [the  mentally ill, the
mentally retarded, the developmentally disabled] INDIVIDUALS WITH MENTAL
ILLNESS OR DEVELOPMENTAL DISABILITIES whose  conditions,  including  but
not  limited  to cerebral palsy and epilepsy, are associated with mental
disabilities,  and  those  suffering  from  alcoholism,  alcohol  abuse,
substance  abuse  or substance dependence, which are provided by a local
government or by a voluntary agency pursuant to a contract with a  local
governmental unit or the office of mental health.

S. 4467                            21

  4. "local  facility"  means  a  facility  offering  local services and
includes a community mental health and [retardation] DEVELOPMENTAL DISA-
BILITIES facility as defined in section three of the facilities develop-
ment corporation act and, for the purposes of  this  article,  a  mental
hygiene  facility,  as defined in said section, to be made available for
use in providing local services under lease, sublease, license or permit
from the facilities development corporation to one or more local govern-
mental units or to a voluntary agency at the request of  a  commissioner
of an office in the department.
  6. "board"  means  a  community  services  board  for services to [the
mentally ill, mentally retarded and developmentally  disabled]  INDIVID-
UALS WITH MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES, those suffering
from alcoholism, alcohol abuse, substance abuse or substance dependence.
  9.  (a) "operating costs" means expenditures, excluding capital costs,
incurred in the  operation  and  maintenance  of  the  community  mental
health,  [mental retardation] DEVELOPMENTAL DISABILITIES, and alcoholism
services board and of local facilities in accordance with  this  article
and  the  regulations of the commissioner, by a local government or by a
voluntary agency pursuant to a contract with a local governmental unit.
  (b) Subject to the regulations of the  commissioner,  operating  costs
shall  include  that part of rental costs paid to those community mental
health, [mental retardation] DEVELOPMENTAL DISABILITIES, alcoholism,  or
substance  abuse  services  companies, which represents interest accrued
after January first, nineteen hundred eighty-one and is  paid  on  obli-
gations incurred by such companies, organized pursuant to article seven-
ty-five  of this chapter and which participated in mortgage financing in
accordance with chapter one thousand thirty-four of the laws of nineteen
hundred sixty-nine, (ii) rentals  paid  to  the  facilities  development
corporation,  (iii)  salaries  of  or  per  diem  compensation  to board
members, (iv) costs for which state  aid  or  reimbursement  is  claimed
under provisions of law other than this article.
  (c)  Operating  costs  may include interest incurred on any obligation
which is necessarily related to the efficient and economic  delivery  of
approved services to persons with alcoholism, substance abuse addiction,
mental  illness  or [mental retardation and] developmental disabilities,
subject to the commissioner's certification of the reasonableness of the
interest expense. Interest as authorized by this subdivision shall  only
include reasonable and competitive rates of interest incurred in accord-
ance with regulations promulgated by the commissioner.
  (d)  Subject  to  the regulations of the commissioner, operating costs
shall include rent incurred, or depreciation and  interest  expenditures
incurred,  in  connection  with  the  design, construction, acquisition,
reconstruction, rehabilitation  or  improvement  of  a  local  facility;
provided  that  where  the rent, financing or refinancing of the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of a local facility is through the facilities  development  corporation,
operating  costs  shall  include the debt service to be paid to amortize
obligations, including principal and interest, issued by  the  New  York
state medical care facilities finance agency to finance or refinance the
capital costs of such facilities.
  S  51.  Subdivision (b) of section 41.05 of the mental hygiene law, as
amended by chapter 978 of the laws  of  1977,  is  amended  to  read  as
follows:
  (b) Each local governmental unit shall have a community services board
for  services  to  [the mentally ill, the mentally retarded and develop-
mentally disabled] INDIVIDUALS WITH MENTAL ILLNESS, DEVELOPMENTAL  DISA-

S. 4467                            22

BILITIES  and  those suffering from alcoholism and substance abuse which
shall have separate subcommittees for mental health, [mental retardation
and] developmental disabilities, and alcoholism,  except  that,  at  the
discretion  of  the  local government, a subcommittee for alcoholism and
substance abuse may be substituted for a subcommittee for alcoholism.
  S 52. Subdivisions (a) and (b) of section 41.11 of the mental  hygiene
law,  as  amended  by section 12 of part E of chapter 111 of the laws of
2010, are amended to read as follows:
  (a) In all local governments with a population less than  one  hundred
thousand,  community services boards, at the option of the local govern-
ment, shall have either nine or fifteen members appointed by  the  local
government.  In  all other local governments, a community services board
shall have fifteen members appointed by the local government.
  Whenever practicable at least one member shall be a licensed physician
and one member shall be a certified psychologist and otherwise at  least
two  members  shall  be licensed physicians, such members to have demon-
strated an interest in the field of services for [the mentally disabled]
PERSONS WITH MENTAL DISABILITIES.  The other members shall represent the
community interest in  all  the  problems  of  [the  mentally  disabled]
PERSONS  WITH MENTAL DISABILITIES and shall include representatives from
community agencies for [the mentally  ill,  the  mentally  retarded  and
developmentally  disabled]  PERSONS  WITH  MENTAL ILLNESS, DEVELOPMENTAL
DISABILITIES, and those suffering from alcoholism and  substance  abuse.
The  community  services  board  shall  have  separate subcommittees for
mental health, [mental retardation and] developmental disabilities,  and
alcoholism or, at the discretion of the local government, alcoholism and
substance abuse. Each separate subcommittee shall have no more than nine
members appointed by the local government, except that each subcommittee
for  mental  health  shall have no more than eleven members appointed by
the local government. Three of each such subcommittee shall  be  members
of  the  board.  Each separate subcommittee shall be composed of persons
who have demonstrated an interest in  the  field  of  services  for  the
particular class of mentally disabled and shall include former patients,
parents  or  relatives  of  such [mentally disabled] persons WITH MENTAL
DISABILITIES and community agencies  serving  the  particular  class  of
mentally disabled, except that each subcommittee for mental health shall
include  at least two members who are or were consumers of mental health
services, and at least two members  who  are  parents  or  relatives  of
persons with mental illness. Each separate subcommittee shall advise the
community  services board and the director of community services regard-
ing the exercise of all policy-making functions vested in such board  or
director,  as  such  functions  pertain to the field of services for the
particular class of mentally disabled individuals  represented  by  such
subcommittee.  In addition, each subcommittee for mental health shall be
authorized to annually evaluate the local services plan,  and  shall  be
authorized  to  report on the consistency of such plan with the needs of
persons with serious mental illness, including children and  adolescents
with serious emotional disturbances.  Any such report shall be forwarded
annually  to  the community services board and the director of community
services and a copy shall also be sent to the commissioner prior to  the
submission  of  the  local  services  plan,  provided, however, that the
provisions of this paragraph shall not apply to cities of over a million
in population.
  (b) In cities of over a  million  a  community  services  board  shall
consist  of fifteen members to be appointed by the mayor. There shall be
at least two residents of each county within such cities on  the  board.

S. 4467                            23

At  least  one shall be a licensed physician and at least one shall be a
certified psychologist. The other members shall represent the  community
interest  in  all  of  the  problems  of the mentally disabled and shall
include  representatives  from community agencies for [the mentally ill,
the mentally retarded and developmentally disabled] PERSONS WITH  MENTAL
ILLNESS  AND  DEVELOPMENTAL DISABILITIES, and those suffering from alco-
holism and substance abuse. The  community  services  board  shall  have
separate  subcommittees  for  mental  health,  [mental  retardation and]
developmental disabilities, and alcoholism or, at the discretion of  the
local  government, alcoholism and substance abuse. Each separate subcom-
mittee shall have no more than  nine  members  appointed  by  the  local
government,  except  that each subcommittee for mental health shall have
no more than eleven members appointed by  the  local  government.  Three
members  of  each  such subcommittee shall be members of the board. Each
separate subcommittee shall be composed of persons who have demonstrated
an interest in the field of services for the particular class of mental-
ly disabled and shall include former patients, parents or  relatives  of
such  [mentally disabled] persons WITH MENTAL DISABILITIES and community
agencies serving the particular class of mentally disabled, except  that
each  subcommittee  for mental health shall include at least two members
who are or were consumers of mental health services, and two members who
are parents or relatives of persons with mental illness.  Each  separate
subcommittee  shall advise the community services board and the director
of community services regarding the exercise of all policy-making  func-
tions vested in such board or director, as such functions pertain to the
field  of services for the particular class of [mentally disabled] indi-
viduals WITH MENTAL DISABILITIES represented by  such  subcommittee.  In
addition,  each  subcommittee  for  mental health shall be authorized to
annually evaluate the local services plan, and shall  be  authorized  to
report  on  the  consistency of such plan with the needs of persons with
serious mental illness, including children and adolescents with  serious
emotional  disturbances.  Any such report shall be forwarded annually to
the community services board and the director of community services, and
a copy shall also be sent to the commissioner prior to the submission of
the local services plan.
  S 52-a. Subdivisions (a) and  (b)  of  section  41.11  of  the  mental
hygiene  law,  subdivision  (a) as amended by chapter 672 of the laws of
1982 and subdivision (b) as amended by chapter 206 of the laws of  1989,
are amended to read as follows:
  (a)  In  all local governments with a population less than one hundred
thousand, community services board, at the option of the  local  govern-
ment,  shall  have either nine or fifteen members appointed by the local
government. In all other local governments, a community  services  board
shall have fifteen members appointed by the local government.
  Whenever practicable at least one member shall be a licensed physician
and  one member shall be a certified psychologist and otherwise at least
two members shall be licensed physicians, such members  to  have  demon-
strated  an interest in the field of services for the mentally disabled.
The other members shall represent the  community  interest  in  all  the
problems of the mentally disabled and shall include representatives from
community  agencies  for  [the  mentally  ill, the mentally retarded and
developmentally disabled] INDIVIDUALS WITH MENTAL ILLNESS, DEVELOPMENTAL
DISABILITIES, and those suffering from alcoholism and  substance  abuse.
The  community  services  board  shall  have  separate subcommittees for
mental health, [mental retardation and] developmental disabilities,  and
alcoholism or, at the discretion of the local government, alcoholism and

S. 4467                            24

substance abuse. Each separate subcommittee shall have no more than nine
members  appointed  by the local government.  Three of each such subcom-
mittee shall be members of the board. Each separate  subcommittee  shall
be composed of persons who have demonstrated an interest in the field of
services for the particular class of mentally disabled and shall include
former  patients, parents or relatives of such mentally disabled persons
and community agencies serving the particular class  of  mentally  disa-
bled.  Each  separate  subcommittee  shall advise the community services
board and the director of community services regarding the  exercise  of
all  policy-making  functions  vested in such board or director, as such
functions pertain to the field of services for the particular  class  of
[mentally  disabled] individuals WITH MENTAL DISABILITIES represented by
such subcommittee. Provided however that the provisions  of  this  para-
graph shall not apply to cities of over a million in population.
  (b)  In  cities  of  over  a  million a community services board shall
consist of fifteen members to be appointed by the mayor. There shall  be
at  least  two residents of each county within such cities on the board.
At least one shall be a licensed physician and at least one shall  be  a
certified  psychologist. The other members shall represent the community
interest in all of the problems of [the mentally disabled] PERSONS  WITH
MENTAL  DISABILITIES  and  shall  include representatives from community
agencies for [the mentally  ill,  the  mentally  retarded  and  develop-
mentally  disabled] PERSONS WITH MENTAL ILLNESS, DEVELOPMENTAL DISABILI-
TIES, and those suffering  from  alcoholism  and  substance  abuse.  The
community  services  board  shall have separate subcommittees for mental
health, [mental retardation and] developmental disabilities,  and  alco-
holism  or,  at  the  discretion of the local government, alcoholism and
substance abuse. Each separate subcommittee shall have no more than nine
members appointed by the local government. Three members  of  each  such
subcommittee  shall  be members of the board. Each separate subcommittee
shall be composed of persons who have demonstrated an  interest  in  the
field  of  services  for  the  particular class of mentally disabled and
shall include former patients, parents or relatives  of  such  [mentally
disabled]  persons WITH MENTAL DISABILITIES and community agencies serv-
ing the particular class of mentally disabled. Each separate  subcommit-
tee shall advise the community services board and the director of commu-
nity  services  regarding  the  exercise  of all policy-making functions
vested in such board or director, as such functions pertain to the field
of services for the particular class of [mentally disabled  individuals]
PERSONS WITH MENTAL DISABILITIES represented by such subcommittee.
  S  53.  Paragraph  5 of subdivision (c) of section 41.34 of the mental
hygiene law, as amended by chapter 1024 of the laws of 1981, is  amended
to read as follows:
  (5) In the event the municipality objects to establishment of a facil-
ity  in the municipality because to do so would result in such a concen-
tration of community residential facilities for [the mentally  disabled]
PERSONS  WITH  MENTAL DISABILITIES or combination of such facilities and
other facilities licensed by other state agencies that  the  nature  and
character  of  areas  within  the  municipality  would  be substantially
altered; or the sponsoring agency objects  to  the  establishment  of  a
facility  in  the area or areas suggested by the municipality; or in the
event that the municipality and sponsoring agency cannot  agree  upon  a
site,  either  the  sponsoring agency or the municipality may request an
immediate hearing before the commissioner  to  resolve  the  issue.  The
commissioner  shall  personally  or  by a hearing officer conduct such a
hearing within fifteen days of such a request.

S. 4467                            25

  In reviewing any such objections, the need for such facilities in  the
municipality  shall be considered as shall the existing concentration of
such facilities and other similar facilities  licensed  by  other  state
agencies  in  the  municipality  or in the area in proximity to the site
selected  and any other facilities in the municipality or in the area in
proximity to the site  selected  providing  residential  services  to  a
significant  number  of  persons  who  have formerly received in-patient
mental health services in facilities of the office of mental  health  or
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities. The commissioner shall sustain the objection if he  deter-
mines that the nature and character of the area in which the facility is
to  be based would be substantially altered as a result of establishment
of the facility. The commissioner  shall  make  a  determination  within
thirty days of the hearing.
  S 54. The opening paragraph of subdivision (b) of section 41.35 of the
mental  hygiene  law,  as amended by chapter 658 of the laws of 1977, is
amended to read as follows:
  The demonstration programs required to be developed pursuant  to  this
section  shall include at least one single system program for comprehen-
sive services for all mentally disabled persons or all services  to  one
or  more  of  the  following classes of mentally disabled: [the mentally
ill; the mentally retarded and developmentally  disabled]  PERSONS  WITH
MENTAL ILLNESS, A DEVELOPMENTAL DISABILITY; those suffering from alcohol
abuse  or alcoholism; or alcoholics, alcohol abusers and substance abus-
ers. Such comprehensive services provided pursuant to  a  single  system
program shall be provided by a local governmental unit or group of local
government  units or an approved non-governmental agent or a combination
of providers of service and a local governmental unit or units.
  S 55. Subdivision (d) of section 41.36 of the mental hygiene  law,  as
amended  by  section 18 of part E of chapter 111 of the laws of 2010, is
amended to read as follows:
  (d) Each local governmental unit shall include  in  its  annual  local
plan  a  review  of  existing community residential facilities providing
reimbursable services and a recommendation of anticipated needs for  the
development  of  such  facilities,  consistent  with  the  needs of [the
mentally retarded and developmentally disabled]  PERSONS  WITH  DEVELOP-
MENTAL  DISABILITIES  within  the jurisdiction of the local governmental
unit.
  S 56. The opening paragraph of subdivision (a) of section 41.37 of the
mental hygiene law, as amended by chapter 218 of the laws  of  1988,  is
amended to read as follows:
  The commissioner of the office of mental health or the commissioner of
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities is authorized, within appropriations made therefor, to make
grants to local governmental  units  and  voluntary  nonprofit  agencies
developing  a community residence as defined in subdivision twenty-eight
of section 1.03 of this chapter.  The  commissioner  of  the  office  of
mental  health  is  authorized,  within appropriations made therefor, to
make grants to voluntary nonprofit  agencies  developing  a  residential
treatment  facility for children and youth. Such grants shall be limited
to the development costs incurred prior to the operation of a  community
residence or a residential treatment facility for children and youth, or
for  development  costs  incurred  to  expand  the  capacity  to provide
services at such residences and facilities.

S. 4467                            26

  S 57. The opening paragraph of section 41.40  of  the  mental  hygiene
law,  as added by chapter 445 of the laws of 1989, is amended to read as
follows:
  The  commissioner of the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities is directed to submit  to  the  governor
and  the legislature no later than January first, nineteen hundred nine-
ty-one, a report and recommendations of actions necessary  to  encourage
the  development  of  small  community  residential  programs  including
programs of ten beds or less.  Such  report  and  recommendations  shall
consider:
  S 58. The section heading, subdivision 1 and paragraph (p) of subdivi-
sion  2  of section 41.41 of the mental hygiene law, as added by chapter
225 of the laws of 1984, are amended to read as follows:
Rights of [mentally retarded and developmentally disabled] PERSONS  WITH
          DEVELOPMENTAL DISABILITIES.
  1. Each person who resides in a community residence has the same basic
and  legal  rights as all other persons of the same age. Such rights are
in no way diminished by the fact that such  persons  who  [are  mentally
retarded  or  otherwise  developmentally  disabled] HAVE A DEVELOPMENTAL
DISABILITY live in a community residence.
  (p) The right to vote; and the right to participate in activities that
educate [the mentally retarded  and  developmentally  disabled]  PERSONS
WITH DEVELOPMENTAL DISABILITIES in their civic responsibilities.
  S  59.  Subdivision (d) of section 41.43 of the mental hygiene law, as
amended by chapter 552 of the laws  of  1992,  is  amended  to  read  as
follows:
  (d)  The  [mental retardation and] developmental disabilities advisory
council created by section 13.05  of  this  chapter  shall  establish  a
committee pursuant to the provisions of paragraph one of subdivision (c)
of  section  13.05 of this chapter, comprised of members selected by the
commissioner, to be called the committee on family support services. The
committee shall (i) provide information to the commissioner on the needs
of families caring at home for a  family  member  with  a  developmental
disability;  (ii)  advise the commissioner on policies related to family
supports and services; and (iii) offer advice to the commissioner on the
design,  implementation  and  monitoring  of  family  support  services.
Members  of  the  committee  shall  include persons with a developmental
disability, family members of persons with a  developmental  disability,
and  professionals  and  others  with an interest in the care of persons
with developmental disabilities. A majority of the  committee  shall  be
family members of persons with developmental disabilities. Members shall
only  receive  reimbursement  for  expenses  incurred in connection with
their duties on the committee.
  S 60. Subdivisions 4, 5, 6, 9 and 12 of section 43.04  of  the  mental
hygiene  law,  subdivision  4  as amended and subdivision 12 as added by
chapter 41 of the laws of 1992 and subdivisions 5, 6 and 9 as  added  by
chapter 938 of the laws of 1990, are amended to read as follows:
  4.  Gross  receipts  received  from  all  services rendered within the
service categories set forth in subdivision one of  this  section  shall
include,  without  limitation,  all  monies  received on account of such
services pursuant to rates of reimbursement established  by  the  office
[of  mental  retardation and] FOR PEOPLE WITH developmental disabilities
and paid by the state, and shall not include, subject to the  provisions
of subdivision twelve of this section, charitable contributions, grants,
donations,  bequests  and  income  from non-service related fund raising
activities and governmental deficit financing.

S. 4467                            27

  5. Estimated payments by or on behalf of providers of services to  the
commissioner  of  the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities of funds due from the assessments pursuant to
subdivision two of this section shall be made on a monthly basis.  Esti-
mated payments shall be due on or before the fifteenth day following the
end of a calendar month to which an assessment applies.
  6. (a) If an estimated payment made for a month to which an assessment
applies  is  less  than seventy percent of an amount the commissioner of
the office [of mental retardation and]  FOR  PEOPLE  WITH  developmental
disabilities determines is due, based on evidence of prior period moneys
received  by  a  provider  of services or evidence of moneys received by
such provider of services for that month, such commissioner may estimate
the amount due from such provider of services and may collect the  defi-
ciency pursuant to paragraph (c) of this subdivision.
  (b)  If  an  estimated payment made for a month to which an assessment
applies is less than ninety percent of an amount the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  determines  is  due,  based on evidence of prior period moneys
received by a provider of service or evidence of monies received by such
provider of services for that month, and at least two previous estimated
payments within the preceding six months were less than  ninety  percent
of  the  amount  due,  based  on similar evidence, such commissioner may
estimate the amount due from such provider of services and  may  collect
the deficiency pursuant to paragraph (c) of this subdivision.
  (c)  Upon  receipt of notification from the commissioner of the office
[of mental retardation and] FOR PEOPLE WITH  developmental  disabilities
of  a  provider  of  service's delinquency under this section, the comp-
troller or a fiscal intermediary designated by the director of the budg-
et, or the commissioner of social  services,  shall  withhold  from  the
amount  of any payment to be made by the state to a provider of services
the amount of the deficiency determined under paragraph (a)  or  (b)  of
this  subdivision or paragraph (d) of subdivision seven of this section.
Upon withholding such amount, the comptroller  or  a  designated  fiscal
intermediary,  or  the  commissioner  of  social services, shall pay the
commissioner of the office [of mental retardation and] FOR  PEOPLE  WITH
developmental  disabilities,  or  his  designee, such amount withheld on
behalf of the provider of services.
  (d) The commissioner of the office [of  mental  retardation  and]  FOR
PEOPLE  WITH  developmental  disabilities  shall  provide  a provider of
services with notice of any estimate of an amount due for an  assessment
pursuant to paragraph (a) or (b) of this subdivision or paragraph (d) of
subdivision  seven  of  this  section  at  least  three  days  prior  to
collection of such  amount  by  such  commissioner.  Such  notice  shall
contain the financial basis for such commissioner's estimate.
  (e)  In the event a provider of services objects to an estimate by the
commissioner of the office [of mental retardation and] FOR  PEOPLE  WITH
developmental  disabilities  pursuant  to  paragraph  (a) or (b) of this
subdivision or paragraph (d) of subdivision seven of this section of the
amount due for an assessment, the provider  of  services,  within  sixty
days  of notice of an amount due, may request a hearing. If a hearing is
requested, such commissioner shall provide the provider of  services  an
opportunity  to  be  heard and to present evidence bearing on the amount
due for an assessment within thirty days after collection of  an  amount
due or receipt of a request for a hearing, whichever is later. An admin-
istrative hearing is not a prerequisite to seeking judicial relief.

S. 4467                            28

  (f)  The  commissioner  of  the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities may direct that a hearing be held
without any request by a provider of services.
  9.  Funds  accumulated, including income from invested funds, from the
assessments specified in this section, including interest and penalties,
shall be deposited by the commissioner of the office [of mental retarda-
tion and] FOR PEOPLE WITH developmental disabilities and credited to the
general fund.
  12. Each exclusion of sources of  gross  receipts  received  from  the
assessments  effective on or after April first, nineteen hundred ninety-
two established pursuant  to  this  section  shall  be  contingent  upon
either:  (a)  qualification  of  the  assessments for waiver pursuant to
federal law and regulation; or (b) consistent with federal law and regu-
lation, not requiring a waiver by the secretary  of  the  department  of
health  and  human  services related to such exclusion; in order for the
assessments under this section to be qualified as a  broad-based  health
care  related  tax  for  purposes  of the revenues received by the state
pursuant to the assessments not reducing  the  amount  expended  by  the
state  as  medical  assistance for purposes of federal financial partic-
ipation. The commissioner of the office [of mental retardation and]  FOR
PEOPLE  WITH  developmental  disabilities  shall collect the assessments
relying on such exclusions, pending any contrary action by the secretary
of the department of health and human services. In the event the  secre-
tary  of the department of health and human services determines that the
assessments do not so qualify based on  any  such  exclusion,  then  the
exclusion  shall be deemed to have been null and void as of April first,
nineteen hundred ninety-two, and the  commissioner  of  the  office  [of
mental retardation and] FOR PEOPLE WITH developmental disabilities shall
collect  any  retroactive  amount  due  as a result, without interest or
penalty provided the provider of services pays  the  retroactive  amount
due within ninety days of notice from the commissioner of the office [of
mental  retardation  and]  FOR PEOPLE WITH developmental disabilities to
the provider of services that an exclusion is null  and  void.  Interest
and penalties shall be measured from the due date of ninety days follow-
ing  notice  from  the commissioner of the office [of mental retardation
and] FOR PEOPLE WITH  developmental  disabilities  to  the  provider  of
services.
  S  60-a.    Subdivision 7, paragraphs (a) and (b) of subdivision 8 and
subdivision 11 of section 43.04 of the mental hygiene law, subdivision 7
as added by chapter 938 of the laws of 1990, the  opening  paragraph  of
paragraph (a) and paragraphs (c) and (d) of subdivision 7, paragraph (b)
of subdivision 8 and subdivision 11 as amended by chapter 41 of the laws
of  1992,  paragraph  (a)  of  subdivision 8 as amended by section 21 of
subpart D of part V-1 of chapter 57 of the laws of 2009  and  paragraphs
(b)  and  (c)  of  subdivision 11 as amended by section 212 of part A of
chapter 389 of the laws of 1997, are amended to read as follows:
  7. (a) Every provider of services shall submit reports on a cash basis
of actual gross receipts received from all services rendered within  the
services  categories  set  forth  in  subdivision one of this section to
persons with developmental disabilities and operating  income  for  each
month as follows:
  (i)  for the period January first, nineteen hundred ninety-one through
January thirtieth, nineteen hundred  ninety-one,  the  report  shall  be
filed on or before March fifteenth, nineteen hundred ninety-one.
  (ii) for the period January first, nineteen hundred ninety-one through
March  thirty-first, nineteen hundred ninety-one and each quarter there-

S. 4467                            29

after, the report shall be filed on or before the forty-fifth day  after
the end of the quarter.
  (b)  Every provider of services shall submit a certified annual report
on a cash basis of gross receipts received in such  calendar  year  from
all  services  to  persons with developmental disabilities and operating
income. The reports shall be in such form as may be  prescribed  by  the
commissioner  of  the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities to accurately disclose  information  required
to implement this section.
  (c)  Final payments shall be due for all providers of services for the
assessments pursuant to subdivision two of this  section  upon  the  due
date for submission of the applicable quarterly report.
  (d)  The  commissioner  of  the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities may recoup deficiencies in  final
payments pursuant to paragraph (c) of subdivision six of this section.
  (a)  If  an  estimated payment made for a month to which an assessment
applies is less than ninety percent of the actual amount  due  for  such
month,  interest  shall  be  due  and payable to the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  on  the  difference between the amount paid and the amount due
from the day of the month the estimated payment was due until  the  date
of payment. The rate of interest shall be twelve percent per annum or at
the  rate  of  interest  set by the commissioner of taxation and finance
with respect to underpayments of  tax  pursuant  to  subsection  (e)  of
section  one  thousand  ninety-six  of the tax law minus four percentage
points. Interest under this paragraph shall not be paid  if  the  amount
thereof  is  less than one dollar. Interest, if not paid by the due date
of the following month's estimated payment,  may  be  collected  by  the
commissioner  of  the office [of mental retardation and] FOR PEOPLE WITH
developmental disabilities pursuant to paragraph (c) of subdivision  six
of this section in the same manner as an assessment pursuant to subdivi-
sion two of this section.
  (b)  If  an  estimated payment made for a month to which an assessment
applies is less than seventy percent of the actual amount due  for  such
month,  a  penalty  shall  be due and payable to the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  of  five percent of the difference between the amount paid and
the amount due for such month when the failure to pay is for a  duration
of  not  more  than  one month after the due date of the payment with an
additional five percent for each additional month  or  fraction  thereof
during  which  such failure continues, not exceeding twenty-five percent
in the aggregate. A penalty may be collected by such commissioner pursu-
ant to paragraph (c) of subdivision six of  this  section  in  the  same
manner as an assessment pursuant to subdivision two of this section.
  11.  [(b)]  (A) The assessment shall not be collected in excess of six
million two hundred thousand dollars from providers of  services  speci-
fied  in  subdivision two of this section for the period of April first,
nineteen  hundred  ninety-seven  through  March  thirty-first,  nineteen
hundred ninety-eight. The amount of the assessment collected pursuant to
subdivision  two  of  this  section in excess of six million two hundred
thousand dollars for the period of April first, nineteen  hundred  nine-
ty-seven through March thirty-first, nineteen hundred ninety-eight shall
be  refunded  to providers of services by the commissioner of the office
[of mental retardation and] FOR PEOPLE WITH  developmental  disabilities
based  on  the  ratio  which a provider of services' assessment for such

S. 4467                            30

period bears to the total of the assessments for  such  period  paid  by
such providers of services.
  [(c)]  (B)  The additional assessment shall not be collected in excess
of thirty-six million one hundred thousand  dollars  from  providers  of
services  specified in subdivision two of this section for the period of
April first, nineteen hundred ninety-seven through  March  thirty-first,
nineteen  hundred  ninety-eight. The amount of the additional assessment
collected pursuant to subdivision two of this section in excess of thir-
ty-six million one hundred thousand dollars  for  the  period  of  April
first,  nineteen  hundred ninety-seven through March thirty-first, nine-
teen hundred ninety-eight shall be refunded to providers of services  by
the  commissioner  of  the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities based on the ratio which a  provider  of
services'  additional  assessment  for such period bears to the total of
the additional assessments for such period paid  by  such  providers  of
services.
  S  61.  Subparagraph  e  of paragraph 2 and paragraph 9 of subdivision
(c), paragraph 1 of subdivision (k) and subdivision (w) of section 45.07
of the mental hygiene law, subparagraph e of paragraph 2 and paragraph 9
of subdivision (c) as amended by chapter 323 of the laws of 2008,  para-
graph  1 of subdivision (k) as amended by section 6 of part H of chapter
58 of the laws of 2005 and subdivision (w) as added by  chapter  536  of
the laws of 2005, are amended to read as follows:
  e.  upon  receipt  of  such report of child abuse or neglect, commence
within twenty-four  hours,  an  appropriate  investigation  which  shall
include  but  not  be  limited  to an evaluation of the residential care
facility in which the child resides who is named in  the  report  and  a
determination of the risk to such child if he or she continues to remain
in  the existing residential care facility as well as a determination of
the nature, extent and cause of any condition enumerated in such  report
and,  after seeing to the safety of the child and, to the maximum extent
feasible, the other children in the facility forthwith: (i)  notify  the
subject  of  the report and other persons named in the report in writing
of the existence of the report and their respective rights  pursuant  to
title  six of article six of the social services law in regard to amend-
ment; and (ii) notify the director or operator of the residential facil-
ity and the office of mental health, the office [of  mental  retardation
and]  FOR  PEOPLE WITH developmental disabilities or the office of alco-
holism and substance abuse services of  the  existence  of  such  report
including  the  name of any child alleged to be abused or neglected, the
name of the subject of the report of child abuse  or  neglect,  and  any
other information which may be necessary to assure the health and safety
of the children in the residential care facility;
  9.  The  commission shall prepare an annual report to the governor and
legislature on the protection of children in residential care from abuse
and neglect, including the implementation  of  the  provisions  of  this
paragraph  and  other  applicable  provisions  of law, including reports
received, results of investigations by  types  of  facilities,  remedial
actions  taken,  and  efforts undertaken by the office of mental health,
the office [of mental retardation and]  FOR  PEOPLE  WITH  developmental
disabilities,  and the office of alcoholism and substance abuse services
to provide training pursuant to standards established  by  such  offices
pursuant to section 16.29, 31.30 or 32.11 of this chapter.
  1.  Establish an adult home and residence for adults resident advocacy
program to assist residents, who  have  at  any  time  received  or  are
receiving  services  from  a mental hygiene provider, of adult homes and

S. 4467                            31

residences for adults, as defined in section two of the social  services
law, where at least twenty-five percent or twenty-five residents, which-
ever is less, have at any time received or are receiving services from a
mental  hygiene  provider  which  is licensed, operated or funded by the
office of mental health or office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities, in understanding  their  legal  rights,
and  to  promote  and protect the rights of such residents. Based on the
level of appropriations  made  available  therefor,  the  chair  of  the
commission  shall determine the feasibility of establishing such program
on a statewide basis or, if not so feasible, the chair, after  consulta-
tion  with the commissioner of the department of health, shall designate
those regions in which such program may be established.
  (w) Receive and review reports required pursuant to section  16.19  of
this  chapter  and  take  any  action as required by law. The commission
shall also assist the commissioner of [the office of mental  retardation
and]  developmental disabilities in developing and preparing recommenda-
tions required by paragraph four of subdivision (d) of section 16.19  of
this  chapter for submission to the governor, temporary president of the
senate and speaker of the assembly.
  S 62. Subdivision (a) of section 45.09 of the mental hygiene  law,  as
amended  by  section  7  of part H of chapter 58 of the laws of 2005, is
amended to read as follows:
  (a) The commission, any member  or  any  employee  designated  by  the
chair, must be granted access at any and all times to any mental hygiene
facility,  or adult home or residence for adults in which at least twen-
ty-five percent or twenty-five residents, whichever is less, have at any
time received or are receiving services from a mental  hygiene  provider
which is licensed, operated or funded by the office of mental health, or
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities in order to carry out the functions of  the  commission  as
provided  for  by section 45.10 of this article, or part thereof, and to
all books, records, and data pertaining  to  any  such  facility  deemed
necessary  for  carrying  out  the  commission's  functions,  powers and
duties. The commission, any members or any employee  designated  by  the
chair  may  require  from  the officers or employees of such facility or
from the commissioners of  the  offices  of  the  department  of  mental
hygiene  or  in  the case of an adult home or residence for adults, from
the officers or employees of an adult home or residence  for  adults  or
from  the  department of health any information deemed necessary for the
purpose of carrying out the commission's functions, powers  and  duties.
The  commission, any member, or any employee designated by the chair may
require from any hospital, as defined under article twenty-eight of  the
public  health  law, any information, report or record necessary for the
purpose of carrying out the functions, powers and duties of the  commis-
sion  related  to the investigation of deaths and complaints of abuse or
mistreatment concerning patients or former patients  of  mental  hygiene
facilities  who  have been treated at such hospitals, and from any adult
care facility as defined in paragraph twenty-one of section two  of  the
social  services  law,  such  information,  report  or record, including
access to such facility necessary for the purpose of  carrying  out  the
functions,  powers  and duties of the commission related to the investi-
gation of deaths, as provided for by  section  45.17  of  this  article,
concerning  patients  of  mental  hygiene facilities who resided at such
residential care facilities at the time of their death  or  were  former
residents  of such residential care facilities and the commission deter-
mines that such information, report  or  record  is  necessary  for  the

S. 4467                            32

completion of its investigation. The results of investigations involving
such  residents  of  adult care facilities shall be provided promptly to
the commissioner of the department of health and shall be treated  as  a
record  or personal information within the meaning of section ninety-six
of the public officers law and shall not be disclosed except in  accord-
ance  with  such section ninety-six. Information, books, records or data
which are confidential as provided by law shall be kept confidential  by
the  commission  and  by  non-profit  organizations  receiving contracts
pursuant to subdivision (k) of section 45.07 of  this  article  and  any
limitations  on  the  release  thereof  imposed  by  law  upon the party
furnishing the information, books, records or data shall  apply  to  the
commission  and such non-profit organizations receiving contracts pursu-
ant to subdivision (k) of section 45.07 of this article.
  S 63. The opening paragraph of subdivision (a) of section 45.10 of the
mental hygiene law, as amended by section 8 of part H of chapter  58  of
the laws of 2005, is amended to read as follows:
  The  commission  shall  have  the  following authority with respect to
adult homes or residences for adults, as defined by section two  of  the
social  services  law, where at least twenty-five percent or twenty-five
of the residents, whichever is less, are persons who have  at  any  time
received  or are receiving services from a mental hygiene provider which
is licensed, operated or funded by the office of mental  health  or  the
office  [of  mental retardation and] FOR PEOPLE WITH developmental disa-
bilities.
  S 64. Subdivision (a) of section 61.01 of the mental  hygiene  law  is
amended to read as follows:
  (a)  The  commissioner  or  his authorized representative may receive,
use, or distribute federal financial or technical assistance to  support
construction,  research,  staffing,  or  other programs or activities in
mental health, [mental retardation,] developmental  disabilities,  alco-
holism,  or  drug  addiction  appropriated  under federal health, mental
health, or [mental retardation] DEVELOPMENTAL  DISABILITIES  legislation
or  regulations  or under other federal legislation or regulations which
provide assistance to the mentally disabled, including but  not  limited
to   vocational   rehabilitation  programs,  alcoholism  programs,  drug
addiction programs, poverty programs, or special programs  for  children
or the aged.
  S  65.  Section  61.03 of the mental hygiene law is amended to read as
follows:
S 61.03 Department is authorized state agency.
  The department shall be the authority, when designated by  the  gover-
nor,  to  supervise  and administer financial or technical assistance as
the designee under a state plan or as may be required by federal  legis-
lation  making  such  assistance available for programs or activities in
mental health, [mental retardation,] developmental  disabilities,  alco-
holism, drug addiction, and other areas under the department's jurisdic-
tion and control.
  S  66.  Section  61.05 of the mental hygiene law is amended to read as
follows:
S 61.05 Advancement of state  mental  health  and  [mental  retardation]
          DEVELOPMENTAL  DISABILITIES programs through intergovernmental
          cooperation.
  The commissioner may promote state programs or  activities  in  mental
health,  [mental  retardation]  DEVELOPMENTAL  DISABILITIES, alcoholism,
drug addiction, and other areas within the  scope  of  the  department's
activities  and may cooperate with the federal government, local govern-

S. 4467                            33

ments, other state governments, other  state  agencies,  and  nongovern-
mental  organizations  to  fulfill  the  objectives and purposes of this
chapter.
  S  67.  Subdivision  (a) of section 67.03 of the mental hygiene law is
amended to read as follows:
  (a) For the purposes of this article any person  who  resides  in  the
state continuously for one year, and any person under the age of sixteen
or  any [mentally retarded] person WITH A DEVELOPMENTAL DISABILITY whose
parents or persons having legal custody of him have resided in the state
continuously for one year, shall be considered a state  resident.  Resi-
dence  so  acquired  continues until the resident has remained away from
the state for one year.
  S 68. Section 75.01 of the mental hygiene law is amended  to  read  as
follows:
S 75.01 Short title.
  This  article  shall  be known and may be cited and referred to as the
"community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services companies law".
  S 69. Paragraph 5 of subdivision (b) and subparagraph (iii)  of  para-
graph  3  of  subdivision (c) of section 75.13 of the mental hygiene law
are amended to read as follows:
  5. To construct, reconstruct, rehabilitate,  improve,  alter,  repair,
lease,  manage, or operate and otherwise provide community mental health
services or [mental  retardation]  DEVELOPMENTAL  DISABILITIES  services
projects;
  (iii) Enter into any contracts relating to the management or operation
of  community  mental  health  services or [mental retardation] DEVELOP-
MENTAL DISABILITIES services projects;
  S 70. Subdivision (b) of section 80.03 of the mental hygiene  law,  as
amended  by  chapter  198  of  the  laws  of 2008, is amended to read as
follows:
  (b) "A patient in need of surrogate decision-making" means  a  patient
as  defined  in subdivision twenty-three of section 1.03 of this chapter
who is: a resident of a mental hygiene facility including a resident  of
housing  programs funded by an office of the department or whose federal
funding application was approved by an office of the department  or  for
whom  such  facility  maintains  legal  admission  status  therefor; or,
receiving home and community-based  services  for  persons  with  mental
disabilities  provided  pursuant  to  section 1915 of the federal social
security act; or receiving individualized  support  services;  or,  case
management  or service coordination funded, approved, or provided by the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities;  and, for whom major medical treatment is proposed, and who is
determined by the surrogate decision-making committee to lack the abili-
ty to consent to or refuse such treatment, but shall not include  minors
with parents or persons with legal guardians, committees or conservators
who  are  legally  authorized, available and willing to make such health
care decisions.  Once a person is eligible for  surrogate  decision-mak-
ing,  such  person  may continue to receive surrogate decision-making as
authorized by this section regardless of a change in residential status.
  S 71. Paragraph 6 of subdivision (c) of section 81.09  of  the  mental
hygiene  law,  as amended by chapter 438 of the laws of 2004, is amended
to read as follows:
  6. interviewing or consulting with  professionals  having  specialized
knowledge  in  the area of the person's alleged incapacity including but

S. 4467                            34

not limited to [mental retardation,] developmental disabilities, alcohol
and substance abuse, and geriatrics.
  S  72.  Subdivision  2 of section 3 of section 1 of chapter 359 of the
laws of 1968 constituting the facilities development corporation act, as
amended by chapter 723 of the laws  of  1993,  is  amended  to  read  as
follows:
  2. "Community  mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility" shall mean a building, a unit within a building, a  labo-
ratory,  a  classroom,  a  housing  unit,  a  dining hall, an activities
center, a library, or any structure on or improvement to real  property,
or  an interest in real property, including an interest in, and proprie-
tary lease from, an organization formed for the purpose  of  cooperative
ownership  of  real  property,  of  any  kind  or description, including
fixtures and equipment which are an integral part of such building, unit
or structure or improvement, a walkway, a roadway or a parking  lot  and
improvements  and  connections  for water, sewer, gas, electrical, tele-
phone, heating, air conditioning and other utility services, or a combi-
nation of any of the foregoing, whether for patient care  and  treatment
or staff, staff family or service use, located in a city, or in a county
not  wholly  included  within  a  city,  authorized to provide community
mental health services in accordance  with  the  provisions  of  article
[forty-one]  41  of  the  mental hygiene law, which is utilized or to be
utilized for the administration and conduct of programs for [the mental-
ly ill or the mentally retarded] PERSONS WITH MENTAL ILLNESS OR DEVELOP-
MENTAL DISABILITIES, or both, and for the provision of  services  there-
for,  or  utilized  or  to  be  utilized  in the performance of services
benefitting or assisting the care, treatment, rehabilitation or  mainte-
nance  of persons with mental disabilities, and approved to provide such
services, pursuant to a written agreement with the  appropriate  commis-
sioner of an office of the department of mental hygiene. Nothing in this
subdivision shall be deemed to supercede the provisions of article 41 of
the  mental hygiene law, where applicable. A community mental health and
[retardation] DEVELOPMENTAL DISABILITIES facility shall  also  mean  and
include  a  residential facility to be operated as a community residence
for persons with mental disabilities and a treatment facility for use in
the conduct of an alcoholism treatment program or of a  substance  abuse
treatment program as defined in the mental hygiene law.
  S  73.    This  act  shall take effect immediately; provided, however,
that:
  (a) the amendments to subdivision (b) of section 31.27 of  the  mental
hygiene  law  made by section forty-two of this act shall not affect the
repeal of such section and shall be deemed repealed therewith;
  (b) the amendments to subdivision (e) of section 33.03 of  the  mental
hygiene  law made by section forty-four of this act shall take effect on
the same date and in the same manner as section 1 of chapter 210 of  the
laws  of  2008  takes  effect;  and  shall not affect the repeal of such
subdivision and shall be deemed repealed therewith;
  (c) the amendments to subdivisions (f), (h) and (i) of  section  33.07
of  the  mental  hygiene law made by section forty-six of this act shall
not affect the repeal of such subdivisions and shall be deemed  repealed
therewith; and
  (d) the amendments to subdivisions (a) and (b) of section 41.11 of the
mental  hygiene  law  made  by  section  fifty-two  of this act shall be
subject to the expiration and reversion of such subdivisions pursuant to
section 7 of part R2 of chapter 62 of the laws of 2003, as amended, when

S. 4467                            35

upon such date the provisions of section fifty-two-a of this  act  shall
take effect.

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