NY State Senate Bill 2009-S370

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to mental health and developmental disabilities
Apr 29, 2009	print number 370a
Apr 29, 2009	amend and recommit to finance
Feb 25, 2009	reported and committed to finance
Jan 07, 2009	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2009-S370 - Details

Current Committee:: Senate Mental Health And Developmental Disabilities

2009-S370 - Summary

Establishes a temporary task force on developmental disabilities to develop eligibility guidelines for the office of mental retardation and developmental disabilities services for persons with cerebral palsy, epilepsy, neurological impairment, familial dysautonomia or autism; requires such task force to report to the governor, and such guidelines shall be implemented within 6 months of the filing of such report.

2009-S370 - Sponsor Memo

                                 BILL NUMBER:  S370

 TITLE OF BILL :
An act to establish a temporary task force on developmental
disabilities and establishing the powers and duties thereof; and
providing for the repeal of such provisions upon expiration thereof


 PURPOSE :
To establish a temporary task force to, among other things, develop
OMRDD eligibility guidelines that are sensitive to the disabling
effects of cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia and autism.

 SUMMARY OF PROVISIONS :
Section 1 Legislative Intent

Section 2 would establish a 15-member temporary task force on
developmental disabilities to develop eligibility guidelines for OMRDD
services that are sensitive to the disabling effects of cerebral
palsy, epilepsy, neurological impairment, familial dysautonomia and
autism. Such task force would be required to develop a definition of
"substantial handicap" due to these conditions, determine measurement
instruments or mechanisms that could be used to establish substantial
handicap due to these conditions, consider the potential progressive
nature of some of these conditions in order to address the current

"age of onset" requirement.

Section 3 would stipulate the composition of such task force and would
require that all appointed members have demonstrated an active
interest in the treatment of persons with mental retardation and
developmental disabilities generally with at least 6 of the members
being actively engaged in the treatment of people with cerebral palsy,
epilepsy, neurological impairment, familial dysautonomia and autism.

Section 4 would provide that task force members would not receive
compensation for their services.

Section 5 would authorize the task force to request, receive and
utilize facilities, resources and data from certain entities as
necessary to carry out its function.

Section 6 would require the task force to report its findings to the
Governor, Commissioner of OMRDD, and the Legislature no later than
March 1, 2010. Additionally, the task force's recommendations shall be
taken into consideration when establishing eligibility standards for
services provided by the OMRDD to people substantially handicapped by
cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia and autism within six months from the date of the filing
of such report.

Section 7 would provide for an immediate effective date, provided that
the provisions would expire September 1, 2010.

 JUSTIFICATION :
Section 1.03(22) of the Mental Hygiene Law provides a categorical
definition of developmental disabilities, which includes mental
retardation, cerebral palsy, epilepsy, neurological impairments,
familial dysautonomia and autism. In August 2001, OMRDD promulgated an
Advisory Guideline to address issues in determining eligibility for
OMRDD services. The Guideline indicates that eligibility for services
is to based on adaptive behavior measures, which are measures that are
used primarily to determine level of disability for people with
subnormal intelligence. Without regard to how people are disabled by
these conditions or the potential natural progress of the disorder
over the course of life, the Advisory Guideline has created a barrier
to OMRDD services for people severely disabled by cerebral palsy,
epilepsy, neurological impairments, familial dysautonomia and autism
that is inconsistent with the NYS Mental Hygiene Law. This legislation
would create a temporary Task Force on Developmental Disabilities to
establish an eligibility guideline that would be sensitive to the
disabling effects of these conditions, not just subnormal functional
capacity. This measure would provide a reasonable approach to ensuring
that those consumers severely disabled by cerebral palsy, epilepsy,
neurological impairments, familial dysautonomia or autism receive the
OMRDD services to which they are entitled under state law.

 LEGISLATIVE HISTORY :
Similar to S.5398A of 2007 Veto
 155
Similar to S.6816 of 2008 passed Senate

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Immediately and shall expire and be deemed repealed September 1, 2010.

2009-S370 - Bill Text download pdf

2009-S370A (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities

2009-S370A (ACTIVE) - Summary

2009-S370A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S370A

 TITLE OF BILL :
An act to establish a temporary task force on developmental
disabilities and establishing the powers and duties thereof; and
providing for the repeal of such provisions upon expiration thereof


 PURPOSE :
To establish a temporary task force to, among other things, develop
OMRDD eligibility guidelines that are sensitive to the disabling
effects of cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia and autism.

 SUMMARY OF PROVISIONS :
Section 1 Legislative Intent

Section 2 would establish a 15-member temporary task force on
developmental disabilities to develop eligibility guidelines for OMRDD
services that are sensitive to the disabling effects of cerebral
palsy, epilepsy, neurological impairment, familial dysautonomia and
autism. Such task force would be required to develop a definition of
"substantial handicap" due to these conditions, determine measurement
instruments or mechanisms that could be used to establish substantial
handicap due to these conditions, consider the potential progressive
nature of some of these conditions in order to address the current

"age of onset" requirement.

Section 3 would stipulate the composition of such task force and would
require that all appointed members have demonstrated an active
interest in the treatment of persons with mental retardation and
developmental disabilities generally with at least 6 of the members
being actively engaged in the treatment of people with cerebral palsy,
epilepsy, neurological impairment, familial dysautonomia and autism.

Section 4 would provide that task force members would not receive
compensation for their services.

Section 5 would authorize the task force to request, receive and
utilize facilities, resources and data from certain entities as
necessary to carry out its function.

Section 6 would require the task force to report its findings to the
Governor, Commissioner of OMRDD, and the Legislature no later than
March 1, 2010.  Additionally, the task force's recommendations shall
be taken into consideration when establishing eligibility standards
for services provided by the OMRDD to people substantially handicapped
by cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia and autism within six months from the date of the filing
of such report.

Section 7 would provide for an immediate effective date, provided that
the provisions would expire September 1, 2010.

 JUSTIFICATION :
Section 1.03(22) of the Mental Hygiene Law provides a categorical
definition of developmental disabilities, which includes mental
retardation, cerebral palsy, epilepsy, neurological impairments,
familial dysautonomia and autism. In August 2001, OMRDD promulgated an
Advisory Guideline to address issues in determining eligibility for
OMRDD services. The Guideline indicates that eligibility for services
is to based on adaptive behavior measures, which are measures that are
used primarily to determine level of disability for people with
subnormal intelligence.


Without regard to how people are disabled by these conditions or the
potential natural progress of the disorder over the course of life,
the Advisory Guideline has created a barrier to OMRDD services for
people severely disabled by cerebral palsy, epilepsy, neurological
impairments, familial dysautonomia and autism that is inconsistent
with the NYS Mental Hygiene Law. This legislation would create a
temporary Task Force on Developmental Disabilities to establish an
eligibility guideline that would be sensitive to the disabling effects
of these conditions, not just subnormal functional capacity.  This
measure would provide a reasonable approach to ensuring that those
consumers severely disabled by cerebral palsy, epilepsy, neurological
impairments, familial dysautonomia or autism receive the OMRDD
services to which they are entitled under state law.

 LEGISLATIVE HISTORY :
2008:  S.6816/Passed Senate (Similar to)
2007:  S.5398-A/Veto
155 (Similar to)

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Immediately and shall expire and be deemed repealed September 1, 2010.

2009-S370A (ACTIVE) - Bill Text download pdf

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

                                 370--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to establish a temporary task force on developmental disabilities
  and  establishing the powers and duties thereof; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1.  Legislative intent. The legislature finds that the office
of mental retardation  and  developmental  disabilities  promulgated  an
advisory guideline (August 10, 2001) that includes an eligibility stand-
ard  for  the services of such office that excludes many persons who are
substantially handicapped by certain developmental  disabilities.    The
legislature  further  finds  that this advisory guideline conflicts with
the mental hygiene law, which includes cerebral palsy, epilepsy,  neuro-
logical impairment, familial dysautonomia or autism in its definition of
a  "developmental  disability".  To  correct  this  inconsistency and to
adequately address the needs of consumers substantially  handicapped  by
such  developmental disabilities, the legislature finds that a temporary
task force on developmental disabilities should be established.
  S 2. A temporary task force on developmental  disabilities  is  hereby
established  to develop eligibility guidelines that are sensitive to the
disabling effects of cerebral palsy, epilepsy, neurological  impairment,
familial  dysautonomia or autism.  Such task force shall develop a defi-
nition of "substantial handicap due to cerebral palsy, epilepsy,  neuro-
logical impairment, familial dysautonomia or autism", determine measure-
ment   instruments  or  mechanisms  that  could  be  used  to  establish

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

                                                           LBD02558-04-9

S. 370--A                           2

substantial handicap  due  to  cerebral  palsy,  epilepsy,  neurological
impairment,  familial  dysautonomia  or  autism,  consider the potential
progressive nature of some of these conditions and address the  "age  of
onset"  requirement  in  qualifying for office of mental retardation and
developmental disabilities services.
  S 3. The temporary task  force  on  developmental  disabilities  shall
consist of 15 members. The commissioner of mental retardation and devel-
opmental  disabilities  shall be the chair of such task force and a non-
voting member. The remaining 14 members shall be appointed  as  follows:
eight members by the governor, two members by the temporary president of
the  senate,  two  members by the speaker of the assembly, one member by
the minority leader of the senate, and one member by the minority leader
of the assembly.   All members shall be  appointed  only  if  they  have
demonstrated  an active interest in the treatment of persons with mental
retardation and developmental disabilities generally, with at least four
of the eight members appointed by  the  governor,  one  of  two  members
appointed  by  the temporary president of the senate, and speaker of the
assembly, being actively engaged in the treatment of people  with  cere-
bral palsy, epilepsy, neurological impairment, familial dysautonomia and
autism.   Vacancies in the membership of such task force shall be filled
in the manner provided for original appointments.
  S 4. The members of the temporary task force on developmental disabil-
ities shall receive no compensation  for  their  services,  but  may  be
allowed their actual and necessary expenses incurred in performing their
duties pursuant to this act.
  S  5.  To  the  maximum  extent  feasible, the temporary task force on
developmental disabilities shall be entitled to request and receive, and
shall utilize and be provided with such facilities, resources  and  data
of  any court, department, division, board, bureau, commission or agency
of the state or any political subdivision thereof as it  may  reasonably
request to properly carry out its powers and duties.
  S  6.  The  temporary  task  force on developmental disabilities shall
report its findings, conclusions and recommendations to the governor and
legislature no later than March 1, 2010. These recommendations shall  be
taken  into  consideration  when  establishing eligibility standards for
services provided by the office of mental retardation and  developmental
disabilities  to  people  substantially  handicapped  by cerebral palsy,
epilepsy, neurological  impairment,  familial  dysautonomia  and  autism
within six months from the date of the filing of such report.
  S  7.  This  act shall take effect immediately and shall expire and be
deemed repealed September 1, 2010.

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Senate Bill S370

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Bill Amendments

2009-S370 - Details

2009-S370 - Summary

2009-S370 - Sponsor Memo

2009-S370 - Bill Text download pdf

2009-S370A (ACTIVE) - Details

2009-S370A (ACTIVE) - Summary

2009-S370A (ACTIVE) - Sponsor Memo

2009-S370A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S370

Share this bill

Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Bill Amendments

2009-S370 - Details

2009-S370 - Summary

2009-S370 - Sponsor Memo

2009-S370 - Bill Text download pdf

2009-S370A (ACTIVE) - Details

2009-S370A (ACTIVE) - Summary

2009-S370A (ACTIVE) - Sponsor Memo

2009-S370A (ACTIVE) - Bill Text download pdf

Comments