S T A T E   O F   N E W   Y O R K
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                                  11197

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A. ORTIZ -- (at request of the Governor) -- read
  once and referred to the Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to changing the name
  of the office of mental retardation and developmental disabilities  to
  the  New York state office for people with developmental disabilities;
  to amend chapter 455 of the laws  of  2007  relating  to  the  use  of
  certain  language and terminology when dealing with certain issues, in
  relation to the language to be  used  in  reference  to  persons  with
  developmental  disabilities;  and  to  repeal subdivision 6 of section
  29.29 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.  Subdivisions  2,  11 and 28 of section 1.03 of the mental
hygiene law, subdivision 2 as amended by chapter  223  of  the  laws  of
1992,  subdivision  11  as  added by chapter 978 of the laws of 1977 and
subdivision 28 as amended by chapter 1024  of  the  laws  of  1981,  are
amended to read as follows:
  2. "Commissioner" means the commissioner of mental health, the commis-
sioner  of  [mental  retardation and] developmental disabilities and the
commissioner of alcoholism and substance abuse services as used in  this
chapter.  Any  power  or duty heretofore assigned to the commissioner of
mental hygiene or to the department of mental hygiene pursuant  to  this
chapter shall hereafter be assigned to the commissioner of mental health
in  the case of facilities, programs, or services for [the mentally ill]
INDIVIDUALS WITH MENTAL ILLNESS, to the commissioner of [mental retarda-
tion  and]  developmental  disabilities  in  the  case  of   facilities,
programs,  or  services  for  [the mentally retarded and developmentally
disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,  to  the  commis-
sioner of alcoholism and substance abuse services in the case of facili-
ties,  programs,  or  services  for alcoholism, alcohol abuse, substance
abuse, substance dependence, and chemical dependence in accordance  with
the provisions of titles D and E of this chapter.
  11. "School" means the in-patient service of a developmental center or
other  residential  facility  for  [the  mentally  retarded and develop-

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

                                                           LBD12219-02-0

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mentally disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES under the
jurisdiction of the office [of mental retardation and] FOR  PEOPLE  WITH
developmental  disabilities  or  a  facility  for  the residential care,
treatment, training, or education of [the mentally retarded and develop-
mentally disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES which has
been  issued  an  operating  certificate  by the commissioner of [mental
retardation and] developmental disabilities.
  28. "Community residence" means any facility operated by or subject to
licensure by the office of mental health or the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities which provides  a
supervised residence or residential respite services for [mentally disa-
bled  persons] INDIVIDUALS WITH MENTAL DISABILITIES and a homelike envi-
ronment and room, board and responsible supervision for the habilitation
or rehabilitation of [mentally disabled persons] INDIVIDUALS WITH MENTAL
DISABILITIES as part of an overall service delivery system. A  community
residence  shall  include an intermediate care facility with fourteen or
fewer residents that has been approved pursuant to law, and a  community
residential facility as that term is used in section 41.36 of this chap-
ter. Such term does not include family care homes.
  S  2.  Section 5.01 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
S 5.01 Department of mental hygiene.
  There shall continue to be in the state  government  a  department  of
mental  hygiene.  Within  the  department  there  shall be the following
autonomous offices:
  (1) office of mental health;
  (2) office [of mental retardation and] FOR PEOPLE  WITH  developmental
disabilities;
  (3) office of alcoholism and substance abuse.
  S 3. Section 5.03 of the mental hygiene law, as amended by chapter 223
of the laws of 1992, is amended to read as follows:
S 5.03 Commissioners.
  The  head  of the office of mental health shall be the commissioner of
mental health; the head of the office [of mental  retardation  and]  FOR
PEOPLE  WITH  developmental  disabilities  shall  be the commissioner of
[mental retardation and] developmental disabilities; and the head of the
office of alcoholism and substance abuse services shall be  the  commis-
sioner  of  alcoholism  and  substance abuse services. Each commissioner
shall be appointed by the governor, by and with the advice  and  consent
of the senate, to serve at the pleasure of the governor.
  S  4.  Subdivision  (a)  and paragraph 1 of subdivision (b) of section
5.05 of the mental hygiene law, subdivision (a) as added by chapter  978
of  the  laws  of  1977 and paragraph 1 of subdivision (b) as amended by
chapter 294 of the laws of 2007, are amended to read as follows:
  (a) The commissioners of the [offices] OFFICE  of  mental  health  and
[mental  retardation and developmental disability of the department] THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, as the  [head]  HEADS
of  the  department,  shall  jointly  visit  and inspect, or cause to be
visited and inspected, all facilities either public or private used  for
the care, treatment and rehabilitation of [persons suffering from] INDI-
VIDUALS  WITH  mental  illness[,  mental  retardation] and developmental
[disability] DISABILITIES in accordance with the requirements of section
four of article seventeen of the New York state constitution.
  (1) The commissioners  of  the  [offices]  OFFICE  of  mental  health,
[mental  retardation and] THE OFFICE FOR PEOPLE WITH developmental disa-
bilities and THE OFFICE OF alcoholism and substance abuse services shall

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constitute an inter-office coordinating council which,  consistent  with
the  autonomy  of each office for matters within its jurisdiction, shall
ensure that the state policy for the  prevention,  care,  treatment  and
rehabilitation  of INDIVIDUALS WITH mental illness[, mental retardation]
and developmental [disability] DISABILITIES, alcoholism, alcohol  abuse,
substance  abuse,  substance  dependence,  and  chemical  dependence  is
planned,  developed  and  implemented  comprehensively;  that  gaps   in
services  to [the multiply disabled] INDIVIDUALS WITH MULTIPLE DISABILI-
TIES are eliminated and that no person is denied treatment and  services
because  he  or  she  [suffers  from] HAS more than one disability; that
procedures for the regulation of programs which offer care and treatment
for more than one class of [mentally disabled] persons WITH MENTAL DISA-
BILITIES be coordinated between the  offices  having  jurisdiction  over
such  programs; and that research projects of the institutes, as identi-
fied in section 7.17 or 13.17 of this chapter, are coordinated to  maxi-
mize  the  success and cost effectiveness of such projects and to elimi-
nate wasteful duplication.
  S 5. The opening paragraph  of  paragraph  1  of  subdivision  (b)  of
section 5.07 of the mental hygiene law, as amended by chapter 223 of the
laws of 1992, is amended to read as follows:
  The  [offices]  OFFICE  of mental health [and mental retardation and],
THE OFFICE FOR PEOPLE WITH developmental disabilities and the office  of
alcoholism and substance abuse services shall each formulate a statewide
comprehensive  five-year  plan  for the provision of all state and local
services for [the mentally ill, mentally  retarded  and  developmentally
disabled]  PERSONS  WITH  MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES,
and those suffering from alcoholism and substance  abuse,  respectively.
Each  plan  shall be formulated from local comprehensive plans developed
by each  local  governmental  unit,  with  participation  of  consumers,
consumer  groups,  providers  of  services  and  departmental facilities
furnishing services to [the mentally disabled] INDIVIDUALS  WITH  MENTAL
DISABILITIES  of the area in conformance with statewide goals and objec-
tives established by the advisory council  of  each  office.  Each  plan
shall:
  S 6. Subdivisions (a), (b), (j) and (o) of section 10.03 of the mental
hygiene  law,  as added by chapter 7 of the laws of 2007, are amended to
read as follows:
  (a) "Agency with jurisdiction" as to a person means that agency which,
during the period in question,  would  be  the  agency  responsible  for
supervising  or releasing such person, and can include the department of
correctional services, the office  of  mental  health,  the  office  [of
mental  retardation and] FOR PEOPLE WITH developmental disabilities, and
the division of parole.
  (b) "Commissioner" means the commissioner  of  mental  health  or  the
commissioner of [mental retardation and] developmental disabilities.
  (j)  "Psychiatric  examiner"  means  a  qualified  psychiatrist  or  a
licensed psychologist who has been designated to examine a person pursu-
ant to this article; such designee may, but need not, be an employee  of
the  office  of  mental health or the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities.
  (o) "Secure treatment facility" means a facility or  a  portion  of  a
facility,  designated  by  the commissioner, that may include a facility
located on the grounds of a correctional facility, that is staffed  with
personnel  from  the  office  of  mental health or the office [of mental
retardation and] FOR PEOPLE  WITH  developmental  disabilities  for  the
purposes  of providing care and treatment to persons confined under this

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article, and persons defined in paragraph five  of  subdivision  (g)  of
this  section.  Personnel  from these same agencies may provide security
services, provided that such staff are adequately  trained  in  security
methods and so equipped as to minimize the risk or danger of escape.
  S  7.  Subdivision  (a) of section 10.05 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (a) The commissioner  of  mental  health,  in  consultation  with  the
commissioner  of the department of correctional services and the commis-
sioner of [mental retardation  and]  developmental  disabilities,  shall
establish  a  case  review panel consisting of at least fifteen members,
any three of whom may sit as a team to  review  a  particular  case.  At
least  two  members  of each team shall be professionals in the field of
mental health or the field of  [mental  retardation  and]  developmental
disabilities,  as appropriate, with experience in the treatment, diagno-
sis, risk assessment or management of sex offenders. To the extent prac-
ticable, the workload of the case review panel should be evenly distrib-
uted among its members. Members of the case review panel and psychiatric
examiners should be free to exercise independent  professional  judgment
without  pressure  or retaliation for the exercise of that judgment from
any source.
  S 8. The article heading of article 13 of the mental hygiene  law,  as
added by chapter 978 of the laws of 1977, is amended to read as follows:
            OFFICE [OF MENTAL RETARDATION AND] FOR PEOPLE WITH
                       DEVELOPMENTAL DISABILITIES
  S 9. The closing paragraph of section 13.01 of the mental hygiene law,
as  amended  by  chapter  353 of the laws of 2004, is amended to read as
follows:
  To accomplish these goals and meet the particular  needs  of  [persons
with  mental  retardation  and] INDIVIDUALS WITH developmental disabili-
ties, a new autonomous agency to be  known  as  the  office  [of  mental
retardation  and]  FOR  PEOPLE  WITH developmental disabilities has been
established. The office and its commissioner shall plan  and  work  with
local  governments  and  voluntary  organizations  and  all providers of
services, and [persons with mental  retardation  and]  INDIVIDUALS  WITH
developmental  disabilities  and  their families and representatives, to
develop an effective, integrated, comprehensive system for the  delivery
of  all  necessary  supports  and  services  to all [persons with mental
retardation and] INDIVIDUALS  WITH  developmental  disabilities  and  to
create  financing  procedures and mechanisms to support such a system of
supports and services to ensure that all individuals with [mental retar-
dation and] developmental disabilities in need of supports and  services
receive  appropriate  and  timely  supports  and services close to their
families and community. In  carrying  out  these  responsibilities,  the
office  and its commissioner shall make full use of existing services in
the community, including those provided by voluntary and  other  service
organizations,  and  within  annual  amounts  made  available  shall add
in-home, residential and day service and support  capacity,  to  address
the  needs  of  [persons  with  mental retardation and] INDIVIDUALS WITH
developmental disabilities.
  ANY PROVISIONS OF THIS ARTICLE WHICH EXPLICITLY  OR  IMPLICITLY  APPLY
TO,  OR REFERENCE, PERSONS WHO ARE MENTALLY RETARDED, SHALL BE DEEMED TO
APPLY TO, OR REFERENCE, PERSONS WITH DEVELOPMENTAL DISABILITIES.
  S 10. Section 13.03 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
S 13.03 Definitions.
  As used in this title:

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  1. "office" means the office [of mental retardation  and]  FOR  PEOPLE
WITH developmental disabilities.
  2. "commissioner"  means the head of the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities.
  S 11. The opening paragraph of subdivision (c) of section 13.05 of the
mental hygiene law, as amended by chapter 55 of the  laws  of  1992,  is
amended to read as follows:
  The mental retardation and developmental disabilities advisory council
shall have no executive, administrative or appointive duties.  The coun-
cil shall have the duty to foster public understanding and acceptance of
[mental  retardation and] developmental disabilities. It shall, in coop-
eration with the commissioner of [mental retardation and]  developmental
disabilities,  establish statewide goals and objectives for services for
[persons with mental retardation  and]  INDIVIDUALS  WITH  developmental
disabilities  and  shall  advise  the commissioner on matters related to
development and implementation of the [OMRDD's] OPWDD'S triennial  state
developmental  disabilities  comprehensive  plan as required under para-
graph two of subdivision (b) of section 5.07 of this chapter. The  advi-
sory council shall have the power to consider any matter relating to the
improvement of the state [mental retardation and] developmental disabil-
ities  program  and shall advise the commissioner of [mental retardation
and] developmental disabilities thereon and on any  matter  relating  to
the  performance  of  their duties with relation to [persons with mental
retardation and] INDIVIDUALS  WITH  developmental  disabilities  and  on
policies,  goals,  budget  and  operation  of developmental disabilities
services.
  S 12. The section heading and subdivision (a) of section 13.07 of  the
mental  hygiene  law, the section heading as added by chapter 978 of the
laws of 1977 and subdivision (a) as amended by chapter 676 of  the  laws
of 1994, are amended to read as follows:
  Office [of mental retardation and] FOR PEOPLE WITH developmental disa-
bilities; scope of responsibilities.
  (a)  The  office  [of mental retardation and] FOR PEOPLE WITH develop-
mental disabilities shall assure the development of comprehensive plans,
programs, and services in the areas of research, prevention,  and  care,
treatment, habilitation, rehabilitation, vocational and other education,
and  training  of [persons with mental retardation and] INDIVIDUALS WITH
developmental disabilities. Such plans, programs, and services shall  be
developed by the cooperation of the office, other offices of the depart-
ment  where  appropriate,  other  state  departments and agencies, local
governments, community organizations and agencies providing services  to
[persons  with  mental  retardation  and] INDIVIDUALS WITH developmental
disabilities, [and persons with  mental  retardation  and  developmental
disabilities,]  their  families  and  representatives.  It shall provide
appropriate facilities, programs, supports and  services  and  encourage
the  provision  of  facilities, programs, supports and services by local
government and community organizations and agencies.
  S 13. Subdivision (f) of section 13.09 of the mental hygiene  law,  as
added  by chapter 491 of the laws of 2008, is relettered subdivision (g)
and amended to read as follows:
  (g) The commissioner, in cooperation with other applicable state agen-
cies, shall be authorized to collect, retain or modify data or  records,
or  to transmit such data or records to the division of criminal justice
services, or to the criminal justice information  services  division  of
the  federal  bureau of investigation, for the purposes of responding to
queries to the national instant criminal background check system regard-

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ing attempts to purchase or otherwise take possession  of  firearms,  as
defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
or regulations. Such records shall include only  names  and  other  non-
clinical  identifying  information  of  persons  who have had a guardian
appointed for them pursuant to any provision of state law,  based  on  a
determination  that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, they lack the mental capacity
to contract or manage their own  affairs,  and  persons  who  have  been
involuntarily  committed  to  a  facility pursuant to article fifteen of
this chapter, or article seven hundred thirty or section 330.20  of  the
criminal  procedure  law  or sections 322.2 or 353.4 of the family court
act. The commissioner shall  establish  within  the  office  [of  mental
retardation  and] FOR PEOPLE WITH developmental disabilities an adminis-
trative process to permit a person who has been or may  be  disqualified
from  possessing such a firearm pursuant to 18 USC 922(4)(d) to petition
for relief from that disability where such person's record  and  reputa-
tion  are  such  that  such person will not be likely to act in a manner
dangerous to public safety and where the granting of  the  relief  would
not  be  contrary  to  public  safety. The commissioner shall promulgate
regulations to establish the relief  from  disabilities  program,  which
shall  include,  but not be limited to, provisions providing for: (i) an
opportunity for a disqualified person to petition for relief in writing;
(ii) the authority for the agency to require that the petitioner undergo
a clinical evaluation and risk assessment; and (iii) a requirement  that
the  agency  issue  a  decision  in writing explaining the reasons for a
denial or grant of relief. The denial of  a  petition  for  relief  from
disabilities  may  be reviewed de novo pursuant to the proceedings under
article seventy-eight of the civil practice law and rules.
  S 14. The section heading of section 13.11 of the mental hygiene  law,
as  added  by  chapter  978  of  the laws of 1977, is amended to read as
follows:
  Organization and administration of the office [of  mental  retardation
and] FOR PEOPLE WITH developmental disabilities and its facilities.
  S  15. The section heading of section 13.15 of the mental hygiene law,
as added by chapter 978 of the laws of  1977,  is  amended  to  read  as
follows:
  Programs  of  the  office  [of mental retardation and] FOR PEOPLE WITH
developmental disabilities.
  S 16. The section heading of section 13.17 of the mental hygiene  law,
as  added  by  chapter  978  of  the laws of 1977, is amended to read as
follows:
  Programs, services, and operations of facilities  in  the  office  [of
mental retardation and] FOR PEOPLE WITH developmental disabilities.
  S  17. Subdivisions (a) and (d) of section 13.19 of the mental hygiene
law, subdivision (a) as amended by chapter 307 of the laws of  1979  and
subdivision (d) as added by chapter 978 of the laws of 1977, are amended
to read as follows:
  (a)  The  commissioner  may, within the amounts appropriated therefor,
appoint and remove in accordance with law and applicable  rules  of  the
state  civil  service  commission,  such  officers  and employees of the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  and  school and facility officers and employees who are desig-
nated managerial or confidential pursuant to  article  fourteen  of  the
civil service law as are necessary for efficient administration.
  (d)  The  use  of  volunteers  at  facilities in the office [of mental
retardation and] FOR PEOPLE WITH  developmental  disabilities  shall  be

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encouraged.  The  commissioner  may establish regulations governing such
volunteer services.
  S  18.  The  section  heading  and subdivisions (a) and (c) of section
13.21 of the mental hygiene law, the section heading and subdivision (c)
as added by chapter 978 of the laws  of  1977  and  subdivision  (a)  as
amended  by  chapter  538  of  the  laws of 1987, are amended to read as
follows:
  Directors of schools in the office [of  mental  retardation  and]  FOR
PEOPLE WITH developmental disabilities.
  (a) The director of a school in the office [of mental retardation and]
FOR  PEOPLE  WITH  developmental  disabilities shall be appointed by the
commissioner and shall be its chief executive officer. The director of a
school shall be the director of the developmental disabilities  services
office  serving  the areas designated by the commissioner in regulation,
and in such context, the term facility shall also refer to such develop-
mental disabilities services office. Each such director shall be in  the
non-competitive  class  and  designated  as  confidential  as defined by
subdivision two-a of section forty-two of  the  civil  service  law  and
shall  serve  at the pleasure of the commissioner. Except for school and
facility officers and employees for which  subdivision  (a)  of  section
13.19 of this article makes the commissioner the appointing and removing
authority, the director of a school shall have the power, within amounts
appropriated  therefor, to appoint and remove in accordance with law and
applicable rules of the state civil service commission such officers and
employees of the facility of which he OR SHE is director as  are  neces-
sary for its efficient administration. He OR SHE shall in exercising his
OR HER appointing authority take, consistent with article twenty-three-A
of the correction law, all reasonable and necessary steps to insure that
any  such  person  so appointed has not previously engaged in any act in
violation of any law which could compromise the  health  and  safety  of
patients  in  the  facility  of  which he OR SHE is director.  He OR SHE
shall manage the facility, and administer its personnel system,  subject
to applicable law, the regulations of the commissioner, and the rules of
the  state civil service commission. Before the commissioner shall issue
any such regulation or any amendment or  revision  thereof,  he  OR  SHE
shall  consult with the directors of schools in the office regarding its
suitability. The director shall maintain effective  supervision  of  all
parts  of  the  facility and over all persons employed therein or coming
thereon and shall generally direct the care and treatment  of  patients.
Directors  presently  serving at facilities of the office shall continue
to serve under the terms of their original appointment.
  (c) In any investigation into the treatment and care  of  patients  or
the  conduct,  performance, or neglect of duty of officers or employees,
the director of a school in the office [of mental retardation  and]  FOR
PEOPLE  WITH  developmental disabilities shall be authorized to subpoena
witnesses, compel their attendance, administer oaths to witnesses, exam-
ine witnesses under oath, and require the production  of  any  books  or
papers  deemed  relevant  to  the  inquiry  or investigation. A subpoena
issued under this section shall be regulated by the civil  practice  law
and rules.
  S  19. Subdivisions (b) and (d) of section 13.27 of the mental hygiene
law, as added by chapter 978 of the laws of 1977, are amended to read as
follows:
  (b) Fire mutual aid. In cooperation with the development and operation
of plans for mutual aid in cases of fire and other  public  emergencies,
the director of a facility in the office [of mental retardation and] FOR

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PEOPLE WITH developmental disabilities, with the approval of the commis-
sioner, may authorize the fire department of the facility to furnish aid
to  such territory surrounding the facility as may be practical in cases
of  fire  and  such  emergencies, having due regard to the safety of the
patients and property of the facility and  to  engage  in  practice  and
training  programs  in  connection with the development and operation of
such mutual aid plans.
  (d) Laboratory services. Subject to  the  commissioner's  regulations,
the  director  may agree to make the laboratory service of a facility in
the office [of mental retardation and]  FOR  PEOPLE  WITH  developmental
disabilities  available  to  adjacent local governments and may receive,
apply, and spend money for the extension of laboratory service according
to the terms of the agreement as approved by the commissioner.
  S 20. Subdivisions (a) and (c) of section 13.29 of the mental  hygiene
law, as added by chapter 978 of the laws of 1977, are amended to read as
follows:
  (a)  The  commissioner,  on  behalf  of the state and if in the public
interest, shall accept, hold in trust, administer,  apply,  execute,  or
use  gifts,  devises, bequests, grants, powers, or trusts of personal or
real property made to the state, the office [of mental retardation  and]
FOR  PEOPLE  WITH  developmental  disabilities,  a  facility  within the
office, the commissioner, or the directors  or  visitors  of  facilities
which  are  to  be  used  or  may be used for purposes of the office [of
mental retardation and]  FOR  PEOPLE  WITH  developmental  disabilities,
including,  but  not limited to, the maintenance, support, or benefit of
one or more patients in a facility.
  (c) Subdivisions (a) and (b) of this section apply to gifts,  devises,
bequests,  grants,  powers,  or trusts given to, received, or applied by
the state, the commissioner, the office [of mental retardation and]  FOR
PEOPLE WITH developmental disabilities, or facilities thereof and prede-
cessor  officers, agencies, or facilities prior to as well as subsequent
to the enactment of this section.
  S 21. The opening paragraph and paragraph  1  of  subdivision  (a)  of
section  13.31 of the mental hygiene law, as added by chapter 978 of the
laws of 1977, are amended to read as follows:
  The commissioner, or the officer or employee of the office  designated
by him OR HER, shall:
  1. Receive and turn over to the comptroller for liquidation all bonds,
notes,  mortgages,  trust  funds,  and  other securities and obligations
belonging to the office [of mental  retardation  and]  FOR  PEOPLE  WITH
developmental  disabilities  or  any subdivision thereof, except such as
may have come into the possession of the said office or any  subdivision
thereof  on account of or for the payment of charges for the care, main-
tenance, and treatment after January first, nineteen hundred  sixty-four
of  patients  at  those  mental hygiene facilities as defined in section
three of the facilities development corporation act which are under  his
OR  HER jurisdiction, in which case the same shall be turned over to the
commissioner of taxation and finance as agent for the facilities  devel-
opment corporation for liquidation, and he OR SHE shall have the author-
ity to transfer all such securities and evidences of indebtedness and to
execute  on  behalf of the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities or any of its facilities or the  facili-
ties development corporation a satisfaction and release thereof.
  S  22.  Paragraph  2 of subdivision (i) and subdivision (m) of section
13.33 of the mental hygiene law,  paragraph  2  of  subdivision  (i)  as

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amended by chapter 14 of the laws of 1990 and subdivision (m) as amended
by chapter 118 of the laws of 1991, are amended to read as follows:
  (2)  Any member or members of the board may visit and inspect a commu-
nity residence operated by the office [of mental  retardation  and]  FOR
PEOPLE  WITH  developmental  disabilities, which is within the catchment
area of the school on the board of which such member or  members  serve.
Such  member  or members shall be granted access to such facility and to
all books, records and data pertaining to such facility deemed necessary
for carrying out the purposes of such visit and inspection. Information,
books, records or data which are confidential as provided by  law  shall
be  kept confidential and any limitations on the release thereof imposed
by law upon the party furnishing the information, books, records or data
shall apply to such member or members of the  board.    After  any  such
visits  or  inspection, a report containing findings and recommendations
shall be submitted promptly to the commissioner and to the  chairman  of
the  state commission on quality of care [for the mentally disabled] AND
ADVOCACY FOR PERSONS WITH DISABILITIES.
  (m) Members of the boards of visitors shall be considered officers  of
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities for the purposes of sections seventy-three, to  the  extent
provided  therein,  and seventy-four of the public officers law relating
to business or professional activities by state officers  and  employees
and the code of ethics.
  S  23.  Subdivision (a) of section 13.39 of the mental hygiene law, as
added by chapter 800 of the laws of 1986, is amended to read as follows:
  (a) Notwithstanding any other law, rule or regulation,  the  executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration  or  facility  which is subject to the jurisdiction of the office
[of mental retardation and] FOR PEOPLE WITH  developmental  disabilities
shall  furnish  annually  to  the  commissioner  a list of the names and
addresses of the current members of the board of directors  or  trustees
of  such  facility  or  corporation. Failure to furnish such annual list
shall remove such facility or corporation from consideration for  recer-
tification.
  S  24.  Paragraph  3 of subdivision (b) of section 15.07 of the mental
hygiene law, as amended by chapter 789 of the laws of 1985,  is  amended
to read as follows:
  3.  the  right  of  the resident to communicate with the director, the
board of visitors, the commissioner of [mental retardation and] develop-
mental disabilities, and the mental hygiene legal service.
  S 25. Section 16.00 of the mental hygiene law, as added by chapter 786
of the laws of 1983, is amended to read as follows:
S 16.00 Regulation and quality control of  services  for  [the  mentally
          retarded and developmentally disabled] INDIVIDUALS WITH DEVEL-
          OPMENTAL DISABILITIES.
  This  article  sets  forth provisions enabling the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  to regulate and assure the consistent high quality of services
provided within the state to its [mentally retarded and  developmentally
disabled citizens] CITIZENS WITH DEVELOPMENTAL DISABILITIES. The commis-
sioner  may  adopt and promulgate any regulation reasonably necessary to
implement and effectively exercise the powers  and  perform  the  duties
conferred  by  this  article. This article shall govern the operation of
programs, provision of services and the facilities hereinafter described
and the commissioner's powers and authority with  respect  thereto,  and

A. 11197                           10

shall supersede, as to such matters, sections of article thirty-one that
are inconsistent with the provisions of this chapter.
  ANY  PROVISIONS  OF  THIS ARTICLE WHICH EXPLICITLY OR IMPLICITLY APPLY
TO, OR REFERENCE, PERSONS WHO ARE MENTALLY RETARDED, SHALL BE DEEMED  TO
APPLY TO, OR REFERENCE, PERSONS WITH DEVELOPMENTAL DISABILITIES.
  S  26.  Paragraph  4 of subdivision (b) of section 16.17 of the mental
hygiene law, as amended by chapter 169 of the laws of 1992,  is  amended
to read as follows:
  (4)  The facility operator, within ten days of the date when the emer-
gency suspension or limitation pursuant to paragraph one of this  subdi-
vision  is  first imposed, may request an evidentiary hearing to contest
the validity of the emergency suspension or limitation. Such an  eviden-
tiary  hearing shall commence within ten days of the facility operator's
request and no request for an adjournment shall be granted  without  the
concurrence of the facility operator, office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities, and the hearing officer. The
evidentiary  hearing shall be limited to those violations of federal and
state law and regulations that existed at  the  time  of  the  emergency
suspension or limitation and which gave rise to the emergency suspension
or  limitation.  The  emergency suspension or limitation shall be upheld
upon a determination that the office [of  mental  retardation  and]  FOR
PEOPLE  WITH  developmental disabilities had reasonable cause to believe
that a client's health or safety was in imminent  danger.  A  record  of
such  hearing  shall  be  made  available  to the facility operator upon
request.  Should the commissioner determine to revoke, suspend or  limit
the facility's operating certificate pursuant to subdivision (a) of this
section,  no  administrative hearing on that action shall commence prior
to the conclusion of the evidentiary  hearing.  The  commissioner  shall
issue  a  ruling  within ten days after the receipt of the hearing offi-
cer's report.
  S 27. Subdivision (d) of section 16.27 of the mental hygiene  law,  as
added  by chapter 611 of the laws of 1981 and such section as renumbered
by chapter 786 of the laws of 1983, is amended to read as follows:
  (d) This section shall apply only to the facilities under  the  juris-
diction of the office [of mental retardation and] FOR PEOPLE WITH devel-
opmental  disabilities.  Reference  to  the commissioner in this section
shall mean the commissioner of [the office of  mental  retardation  and]
developmental disabilities.
  S  28. Subparagraphs (I) and (II) of paragraph 2 of subdivision (i) of
section 29.15 of the mental hygiene law, as amended by  chapter  534  of
the laws of 2006, are amended to read as follows:
  (I)  A patient about to be discharged or conditionally released from a
department facility licensed or operated by the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities or from an  inpa-
tient  facility operated or licensed by the office of [alcohol] ALCOHOL-
ISM and substance abuse services or the office of mental  health  to  an
adult  home  or  residence  for adults, as defined in section two of the
social services law, shall be referred only to such  home  or  residence
that  is consistent with that patient's needs and that operates pursuant
to section four hundred sixty  of  the  social  services  law,  provided
further  that: (A) for a department facility licensed or operated by the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  or  for an inpatient facility operated by the office of [alco-
hol] ALCOHOLISM and substance abuse services or  the  office  of  mental
health, the facility director retains authority to determine whether the
home,  program  or residence is consistent with that patient's needs and

A. 11197                           11

(B) such referral shall be made to the patient's  home  county  whenever
possible or appropriate.
  (II)  No patient about to be discharged or conditionally released from
a department facility licensed or operated  by  the  office  [of  mental
retardation  and]  FOR PEOPLE WITH developmental disabilities or from an
inpatient facility operated or licensed by the office of [alcohol] ALCO-
HOLISM and substance abuse services or the office of mental health shall
be referred to any adult home or residence for  adults,  as  defined  in
section  two  of the social services law, which has received an official
written notice from the department of health of: (A) the proposed  revo-
cation, suspension or denial of its operating certificate; (B) the limi-
tation  of its operating certificate with respect to new admissions; (C)
the issuance of a department of health order or commissioner of health's
order or the seeking  of  equitable  relief  pursuant  to  section  four
hundred  sixty-d of the social services law; (D) the proposed assessment
of civil penalties for violations of the provisions of subparagraph  two
of paragraph (b) of subdivision seven of section four hundred sixty-d of
the  social services law; or placement on the "do not refer list" pursu-
ant to subdivision fifteen of section four hundred sixty-d of the social
services law.  Referrals may resume when such  enforcement  actions  are
resolved.
  S 29. Section 29.20 of the mental hygiene law, as added by chapter 425
of the laws of 1991, is amended to read as follows:
S 29.20 In-patient nasogastric feeding procedures.
  The commissioners of the [offices] OFFICE of mental health and [mental
retardation  and]  THE OFFICE FOR PEOPLE WITH developmental disabilities
of the department shall each promulgate and administer  regulations  and
policies  governing  the  maximum size of nasogastric feeding tubes with
the principal purposes of protecting patients from undue discomfort, for
the benefit of any patient in a facility subject to the jurisdiction  of
the commissioners.
  S  30. The opening paragraph and subdivision 4 of section 29.29 of the
mental hygiene law, as amended by chapter 24 of the laws  of  2007,  are
amended to read as follows:
  The commissioners of the [offices] OFFICE of mental health and [mental
retardation  and]  THE OFFICE FOR PEOPLE WITH developmental disabilities
of the department shall establish policies and  uniform  procedures  for
their respective offices for the reporting, compilation, and analysis of
incident reports. Incident reports shall, for the purposes of this chap-
ter, mean reports of accidents and injuries affecting patient health and
welfare  at  facilities. These policies and procedures shall include but
shall not be limited to:
  4. Each facility shall aggregate its data monthly for the director and
that aggregated information shall be submitted, at  least  semi-annually
to  the  commissioner  of the office of mental health and to the commis-
sioner of the office [of mental retardation and] FOR PEOPLE WITH  devel-
opmental disabilities.
  S  31.  Subdivision  6  of  section 29.29 of the mental hygiene law is
REPEALED.
  S 32. The section heading, the opening paragraph  of  subdivision  (a)
and subdivisions (b) and (c) of section 33.02 of the mental hygiene law,
the  section  heading  as  added by chapter 325 of the laws of 1985, the
opening paragraph of subdivision (a) as amended by chapter  401  of  the
laws  of  2006 and subdivisions (b) and (c) as amended by chapter 306 of
the laws of 1995, are amended to read as follows:

A. 11197                           12

  Notice of rights of [the mentally disabled]  INDIVIDUALS  WITH  MENTAL
DISABILITIES.
  In  order  to ensure that residents of facilities or programs operated
or licensed by the office of mental health and  facilities  or  programs
operated  or  certified  by  the  office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities are treated consistently with the
laws and regulations assuring quality  care,  the  commissioner  of  the
office  of  mental  health and the commissioner of the office [of mental
retardation  and]  FOR  PEOPLE  WITH  developmental  disabilities  shall
promulgate  regulations  informing  residents of their rights under law.
Such regulations shall include, but not be limited to,  informing  resi-
dents that they have the right to:
  (b) The foregoing rights may not be limited as a punishment or for the
convenience  of  staff. Any limitation on the rights enumerated shall be
permitted for an individual resident of a hospital operated or  licensed
by  the  office of mental health or developmental center operated by the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  only upon written order of a physician in the resident's clin-
ical record stating the clinical justification for such  limitation  and
the  specific period of time such limitation shall remain in effect. Any
limitation on the rights enumerated shall be permitted for an individual
resident of any  other  residential  facility  or  program  operated  or
licensed  by the office of mental health or operated or certified by the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  only  upon  written  order  by the director or chief executive
officer of such facility or program upon receipt of a recommendation  by
the  treating  practitioner as defined by paragraph seven of subdivision
(a) of section 33.16 of this article with such order to be placed in the
resident's clinical record stating the clinical justification  for  such
limitation  and the specific period of time such limitation shall remain
in effect.
  (c) The commissioners and the facility director shall  ensure  that  a
notice  of  the  rights  included in regulations promulgated pursuant to
this section is posted in each ward or living  area  of  every  hospital
operated  or  licensed by the office of mental health and every develop-
mental center operated by the office [of  mental  retardation  and]  FOR
PEOPLE WITH developmental disabilities, and that such notice is provided
to  every  individual  resident  of  any  other  residential facility or
program operated or licensed by the respective offices upon admission to
such facility or program, upon limitation on any right, or at the  indi-
vidual's  request.  The  notice  shall include the address and telephone
numbers of the office of the facility director or such person's designee
responsible for receiving questions or complaints, the board of visitors
if applicable, the mental hygiene legal service and  the  commission  on
quality  of  care  [for  the mentally disabled] AND ADVOCACY FOR PERSONS
WITH DISABILITIES.
  S 33. Subdivision (e) of section 33.07 of the mental hygiene  law,  as
added by chapter 709 of the laws of 1986, is amended to read as follows:
  (e)  A  mental  hygiene facility which is a representative payee for a
patient pursuant to designation by the social security administration or
which assumes management responsibility over the  funds  of  a  patient,
shall  maintain  such  funds in a fiduciary capacity to the patient. The
commissioners of mental health and  [mental  retardation  and]  develop-
mental  disabilities shall develop standards regarding the management of
patient funds.

A. 11197                           13

  S 34. Subdivision (c) of section 33.09 of the mental hygiene  law,  as
amended  by  chapter  690  of  the  laws  of 1989, is amended to read as
follows:
  (c)  The provisions of the workers' compensation law, the unemployment
insurance law, and articles thirteen, nineteen, and twenty of the  labor
law  shall  not  apply  to any patient in a facility with respect to his
participation in a sheltered workshop program, provided,  however,  that
participants  in  sheltered  workshop programs operated by the office of
mental health, the office [of mental retardation and]  FOR  PEOPLE  WITH
developmental disabilities or voluntary agencies or institutional worker
programs  operated  by the office of mental health shall be eligible for
workers' compensation benefits (excluding benefits provided pursuant  to
article  nine of the workers' compensation law) if such offices or agen-
cies elect to provide such benefits.  Sheltered  workshops  operated  at
department  facilities  shall  be  subject  to  the laws and regulations
applicable to sheltered workshops operated by voluntary agencies.
  S 35. Section 33.11 of the mental hygiene law, as amended  by  chapter
345 of the laws of 1985, is amended to read as follows:
S 33.11 Education for [mentally disabled] children WITH MENTAL DISABILI-
          TIES.
  The office of mental health and the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities shall provide the same educa-
tion  for patients in office of mental health hospitals and residents in
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities  schools  who are between the ages of five and twenty-one which
they would otherwise be  entitled  to  receive  in  their  local  school
districts pursuant to article eighty-nine of the education law. The cost
of such education shall be a charge upon and shall be paid by the office
of  mental  health  or the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities when received within such a hospital  or
school by a patient or resident therein. Such education shall be adapted
to the mental attainments of such children. Provided, however, that such
children  as  can  benefit therefrom shall be admitted to the schools of
the school district in which such  hospital  or  school  is  located  in
accordance  with  regulations of the commissioner of education developed
in consultation with the commissioners  of  mental  health  and  [mental
retardation  and]  developmental disabilities. The cost of such instruc-
tion less the [State] STATE aid attributed to such  child,  shall  be  a
charge  upon  the school district in which the child resided at the time
of admission to the [State] STATE hospital or school,  except  in  those
cases  as provided in paragraph c of subdivision five of section thirty-
two hundred two of the education law.
  S 36. Section 33.12 of the mental hygiene law, as added by chapter 345
of the laws of 1985, is amended to read as follows:
S 33.12 Hearing evaluation.
  The office [of mental retardation and] FOR PEOPLE  WITH  developmental
disabilities shall provide suitable hearing evaluations periodically for
the residents in state schools. Upon the ascertainment that any resident
so  evaluated  is  deaf  or hard of hearing, it shall be the duty of the
office to provide suitable remedial efforts,  to  include,  but  not  be
limited to, hearing aids, alternative forms of communication and audito-
ry training to overcome this handicap and to ascertain the true level of
intelligence of such residents.
  S  37.  Subdivision (a) and paragraph 10 of subdivision (c) of section
33.13 of the mental hygiene law, subdivision (a) as amended  by  chapter

A. 11197                           14

571  of  the laws of 2005 and paragraph 10 of subdivision (c) as amended
by chapter 230 of the laws of 2008, are amended to read as follows:
  (a)  A  clinical record for each patient or client shall be maintained
at each facility licensed or operated by the office of mental health  or
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities, hereinafter referred to as the offices. For  the  purposes
of  this section, the term "facility" shall mean "facility" as such term
is defined in section 1.03 of this chapter, provided, however, such term
shall also include any provider of services  for  [persons]  INDIVIDUALS
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 pursuant 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 arti-
cle thirty-one of this chapter. The record shall contain information  on
all matters relating to the admission, legal status, care, and treatment
of  the  patient  or  client  and  shall include all pertinent documents
relating to the patient or client. The commissioners of such offices, by
regulation, each shall determine  the  scope  and  method  of  recording
information,  including  data  pertaining  to  admission,  legal matters
affecting the patient or client, records and notation of course of  care
and  treatment, therapies, restrictions on patient's or client's rights,
periodic examinations, and such other  information  as  he  or  she  may
require.
  10.  to a correctional facility, when the chief administrative officer
has requested such information with respect to a named  inmate  of  such
correctional  facility  as defined by subdivision three of section forty
of the correction law or to the division of parole,  when  the  division
has requested such information with respect to a person under its juris-
diction  or an inmate of a state correctional facility, when such inmate
is within four weeks of release from such institution to  the  jurisdic-
tion  of  the  division of parole. Information released pursuant to this
paragraph may be limited to a summary of the record, including  but  not
limited  to:  the basis for referral to the facility; the diagnosis upon
admission and discharge; a diagnosis and description of the patient's or
client's current mental condition;  the  current  course  of  treatment,
medication  and  therapies; and the facility's recommendation for future
mental hygiene services, if any. Such information may  be  forwarded  to
the  department  of correctional services staff in need of such informa-
tion for the purpose of making a  determination  regarding  an  inmate's
health  care, security, safety or ability to participate in programs. In
the event an inmate is transferred, the  sending  correctional  facility
shall  forward, upon request, such summaries to the chief administrative
officer of any correctional facility to which the inmate is subsequently
incarcerated. The office of mental health  and  the  office  [of  mental
retardation  and] FOR PEOPLE WITH developmental disabilities, in consul-
tation with the commission of correction and  the  division  of  parole,
shall  promulgate  rules  and regulations to implement the provisions of
this paragraph.
  S 38. Subdivision (d) of section 33.16 of the mental hygiene  law,  as
amended  by  chapter  223  of  the  laws  of 1992, is amended to read as
follows:
  (d) Clinical records access review  committees.  The  commissioner  of
mental  health,  the  commissioner  of [mental retardation and] develop-
mental disabilities and the commissioner  of  alcoholism  and  substance

A. 11197                           15

abuse services shall appoint clinical record access review committees to
hear  appeals  of  the  denial of access to patient or client records as
provided in paragraph four of subdivision (c) of this  section.  Members
of  such  committees shall be appointed by the respective commissioners.
Such clinical record access review committees shall consist of  no  less
than  three  nor more than five persons. The commissioners shall promul-
gate rules and regulations necessary to  effectuate  the  provisions  of
this subdivision.
  S  39.  Paragraph  1 of subdivision (a) and paragraph 2 of subdivision
(e) of section 41.34 of the mental hygiene law, paragraph 1 of  subdivi-
sion  (a) as amended by chapter 1025 of the laws of 1981 and paragraph 2
of subdivision (e) as added by chapter 823 of  the  laws  of  1992,  are
amended to read as follows:
  (1) "Community residential facility for the disabled" means a support-
ive  living  facility  with  four  to fourteen residents or a supervised
living facility subject to licensure by the office of mental  health  or
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities which provides a residence for  up  to  fourteen  [mentally
disabled  persons] INDIVIDUALS WITH MENTAL DISABILITIES, including resi-
dential treatment facilities for children and youth.
  (2) The office of mental health and the office [of mental  retardation
and] FOR PEOPLE WITH developmental disabilities shall not issue an oper-
ating certificate for the operation of a supportive living facility or a
supervised living facility of more than fourteen residents if the agency
or unit of government, voluntary agency or any other person or organiza-
tion  which  intends  to  establish  or operate such a facility does not
notify the chief executive officer of the  municipality  in  which  that
facility  is  to be established in writing of the intention to establish
such facility and include in such notice the  specific  address  of  the
site,  the  type of residence, the number of residents and the community
support requirements of the program;  provided,  however,  that  nothing
contained in this paragraph shall either be construed to require facili-
ties  of  more  than fourteen beds to meet any other requirement of this
section, or to deem such facilities family units  for  the  purposes  of
local laws and ordinances.
  S 40. Paragraphs 1, 2 and 5 of subdivision (a) of section 41.36 of the
mental  hygiene  law,  paragraphs 1 and 5 as added by chapter 809 of the
laws of 1980 and paragraph 2 as amended by chapter 262 of  the  laws  of
1992, are amended to read as follows:
  1. "Community  residential  facility"  means  any  facility subject to
licensure by the office [of mental  retardation  and]  FOR  PEOPLE  WITH
developmental  disabilities  which  provides  a  supervised residence or
residential respite services for [mentally disabled persons] INDIVIDUALS
WITH MENTAL DISABILITIES.  Such term does not include family care homes.
  2. "Reimbursable services" means  services,  other  than  intermediate
care  services, comprehensive medicaid case management and personal care
services for which funding is available under Title XIX of  the  federal
social  security  act,  provided  at  a  community  residential facility
described by regulations of the commissioner of [mental retardation and]
developmental disabilities for which fees or rates  may  be  paid  to  a
provider of services pursuant to this section.
  5. "Commissioner"  means  the commissioner of [mental retardation and]
developmental disabilities.
  S 41. The opening paragraph of subdivision (a) of section 41.39 of the
mental hygiene law, as added by chapter 515 of  the  laws  of  1992,  is
amended to read as follows:

A. 11197                           16

  The  commissioner  of  mental  health  and the commissioner of [mental
retardation and] developmental disabilities shall, consistent  with  the
state  integrated  employment  implementation plan developed pursuant to
subdivision two of section one thousand four-b of the education law, and
subject to appropriations made therefor, to develop and support services
that  provide  individuals  with  mental disabilities the opportunity to
learn and develop employment related skills and work experience, includ-
ing but not limited to sheltered  workshops  and  integrated  employment
opportunities,  including  supported employment, as provided pursuant to
sections one thousand four-a and one thousand four-b  of  the  education
law. Such programs shall, to the extent possible:
  S  42. Subdivisions (a) and (c) of section 41.43 of the mental hygiene
law, as amended by chapter 552 of the laws of 1992, are amended to  read
as follows:
  (a)  The  commissioner  of  the office [of mental retardation and] FOR
PEOPLE WITH developmental disabilities, directly  or  through  contract,
and within amounts made available therefor, shall establish a family-di-
rected,  statewide  system of comprehensive family support services. The
purpose of family support services will be to enhance a family's ability
to provide in-home care to their family  members  with  a  developmental
disability.
  (c) For purposes of this section, family supports are goods, services,
and  subsidies,  determined  by  the  family and the commissioner of the
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities, which are provided to meet the goals of: (i) providing a qual-
ity  of life comparable, to the extent practicable, to that of similarly
situated families without a family member having a  developmental  disa-
bility;  (ii)  maintaining  family  unity; (iii) preventing premature or
inappropriate  out-of-home  placement;  (iv)  reuniting  families;   (v)
enhancing  parenting  skills;  and  (vi) maximizing the potential of the
family member with a developmental disability.
  S 43.  Section 41.46 of the mental hygiene law, as amended by  chapter
669 of the laws of 1995, is amended to read as follows:
S 41.46 Disclosure by members, officers and employees.
  In the event that an agency licensed by the office [of mental retarda-
tion  and]  FOR  PEOPLE  WITH  developmental disabilities, the office of
mental health or the office of alcoholism and substance  abuse  services
enters  into  an  agreement  or  has  entered  into an agreement for the
purchase, lease, rehabilitation or improvement of  real  property  or  a
cooperative  share in real property, any employee who receives an annual
salary in excess of thirty thousand dollars, or  any  board  member,  or
officer  of  such  agency  who  has a direct or indirect interest either
financial or beneficial in such property including the interest  of  any
person for whom he or she is related by consanguinity or affinity, shall
disclose  such  interest prior to the making of such agreement or at the
time of acquisition of such  interest.    Disclosure  pursuant  to  this
section shall be made in writing to the board of directors of such agen-
cy  and shall indicate the material facts as to the member's, officer's,
employee's or relative's interest in such property or cooperative share.
Such disclosure shall be filed with the secretary of the corporation and
entered on the minutes of a meeting of the board. Such disclosure  shall
also  be forwarded in writing to the appropriate commissioner and to the
director of community services of the  local  governmental  unit  within
which the property or cooperative share is located prior to the approval
of  public funding related to the property or cooperative share which is

A. 11197                           17

the subject of disclosure made pursuant to this section or at  the  time
of the acquisition of such interest, whichever occurs later.
  S  44. Subdivisions (a) and (c) of section 41.48 of the mental hygiene
law, as added by chapter 365 of the laws of 1987, are amended to read as
follows:
  (a) Notwithstanding any inconsistent provision  of  this  article  and
within  appropriations made therefor, the commissioners of the [offices]
OFFICE of mental health and [mental  retardation  and]  THE  OFFICE  FOR
PEOPLE  WITH developmental disabilities are authorized upon the applica-
tion of voluntary agencies, to make payments for the reasonable price of
options to acquire an interest in real  property,  for  the  purpose  of
establishing  a  community  mental  hygiene  facility. Such applications
shall be made in the manner and on forms prescribed by  the  appropriate
commissioner.  Sellers  of  real  property  who are required to disclose
financial or other beneficial interests in such property  under  section
41.46  of  this  article shall not be eligible to receive payments under
this section.
  (c) As used in this section the term "reasonable price" shall mean  an
amount that is not in excess of guidelines developed by the commissioner
of  the  office of mental health or [mental retardation and] THE COMMIS-
SIONER OF THE OFFICE FOR  PEOPLE  WITH  developmental  disabilities  and
approved by the director of the budget and the state comptroller.
  S  45.  Section 43.02 of the mental hygiene law, as amended by chapter
558 of the laws of 1999, is amended to read as follows:
S 43.02 Rates or methods of payment for services at  facilities  subject
            to  licensure  or  certification  by  the  office  of mental
            health, the office [of mental retardation  and]  FOR  PEOPLE
            WITH  developmental disabilities or the office of alcoholism
            and substance abuse services.
  (a) Notwithstanding any inconsistent provision of law, payment made by
government agencies pursuant to title eleven  of  article  five  of  the
social  services  law  for services provided by any facility licensed by
the office of mental health pursuant to article thirty-one of this chap-
ter or licensed or operated by the office [of  mental  retardation  and]
FOR  PEOPLE  WITH developmental disabilities pursuant to article sixteen
of this chapter or certified by the office of alcoholism  and  substance
abuse  services  pursuant  to this chapter to provide inpatient chemical
dependence services, as defined in section 1.03 of this  chapter,  shall
be  at  rates  or  fees  certified by the commissioner of the respective
office and approved by the director  of  the  division  of  the  budget,
provided,  however,  the  commissioner  of  mental health shall annually
certify such rates or fees which  may  vary  for  distinct  geographical
areas  of  the  state  and,  provided,  further,  that rates or fees for
service for inpatient psychiatric services or inpatient chemical depend-
ence services, at hospitals otherwise licensed pursuant to article twen-
ty-eight of the public health law shall  be  established  in  accordance
with section two thousand eight hundred seven of the public health law.
  (b)  Operators  of  facilities licensed by the office of mental health
pursuant to article thirty-one of this chapter, licensed by  the  office
[of  mental  retardation and] FOR PEOPLE WITH developmental disabilities
pursuant to article sixteen of this chapter or certified by  the  office
of  alcoholism  and substance abuse services pursuant to this chapter to
provide inpatient chemical dependence  services  shall  provide  to  the
commissioner  of  the  respective office such financial, statistical and
program information as the commissioner may determine to  be  necessary.

A. 11197                           18

The  commissioner  of  the  appropriate  office  shall have the power to
conduct on-site audits of books and records of such facilities.
  (c)  The commissioner of the office of mental health, the commissioner
of the office [of mental retardation and] FOR PEOPLE WITH  developmental
disabilities  and  the  commissioner  of  the  office  of alcoholism and
substance abuse services shall adopt rules and regulations to effectuate
the provisions  of  this  section.  Such  rules  and  regulations  shall
include, but not be limited to, provisions relating to:
  (i)  the  establishment  of  a uniform statewide system of reports and
audits relating to the quality of care  provided,  facility  utilization
and  costs  of  providing  services; such a uniform statewide system may
provide for appropriate variation in the application of  the  system  to
different  classes or subclasses of facilities licensed by the office of
mental health pursuant to article thirty-one of this chapter or licensed
or operated by the office [of mental retardation and]  FOR  PEOPLE  WITH
developmental  disabilities pursuant to article sixteen of this chapter,
or certified by the office of alcoholism and  substance  abuse  services
pursuant  to  this  chapter  to  provide  inpatient  chemical dependence
services; and
  (ii) methodologies used in the establishment of the schedules of rates
or fees pursuant to this section.
  S 46. Subdivision 1 and paragraph (c)  of  subdivision  2  of  section
43.04 of the mental hygiene law, subdivision 1 as amended by section 187
of  part A of chapter 389 of the laws of 1997, paragraph (c) of subdivi-
sion 2 as amended by section 108 of part A of chapter 56 of the laws  of
1998  and  subparagraph (iii) of paragraph (c) of subdivision 2 as added
by section 3 of part D of chapter 58 of the laws of 2007, are amended to
read as follows:
  1. For purposes of this section, provider of services shall  refer  to
(i)  those  providers  as defined by subdivision five of section 1.03 of
this chapter which are licensed by the  office  [of  mental  retardation
and]  FOR  PEOPLE  WITH  developmental  disabilities pursuant to article
sixteen of this chapter as intermediate care facilities for [persons who
are developmentally disabled] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILI-
TIES, providers of day treatment services or specialty hospitals, except
that on and after December first, nineteen hundred ninety-seven, provid-
er  of  services  shall  not  include specialty hospitals, and (ii), for
purposes of paragraph (c) of subdivision two of this section  only,  the
term provider of services, shall mean, and for purposes of this subdivi-
sion  shall  include,  the office [of mental retardation and] FOR PEOPLE
WITH developmental disabilities as the  operator  of  intermediate  care
facilities  for  [persons  who are developmentally disabled] INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES.   Providers  of  services  are  charged
assessments  on  their  gross  receipts  received from services and care
related to intermediate care  facilities,  day  treatment  services,  or
specialty  hospitals  until November thirtieth, nineteen hundred ninety-
seven, for [persons who are developmentally disabled]  INDIVIDUALS  WITH
DEVELOPMENTAL  DISABILITIES  and  other  operating income, less personal
needs allowances and refunds, on a cash basis in the percentage  amounts
and  for  the periods specified in subdivision two of this section. Such
assessments shall be submitted by or on  behalf  of  such  providers  of
services  to  the commissioner of the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities or HIS OR her designee.
  (c) (i) For the provider of services as set forth in  clause  (ii)  of
subdivision  one  of  this  section in the category of intermediate care
facilities for [persons who are  developmentally  disabled]  INDIVIDUALS

A. 11197                           19

WITH DEVELOPMENTAL DISABILITIES operated by the office [of mental retar-
dation  and]  FOR PEOPLE WITH developmental disabilities, the assessment
shall be six-tenths of one percent of the gross  receipts  received  for
all  services  rendered  within  such  service  category on a cash basis
beginning April first, nineteen hundred  ninety-five  and  ending  March
thirty-first, two thousand one.
  (ii)  For  the  provider  of  services  as set forth in clause (ii) of
subdivision one of this section in the  category  of  intermediate  care
facilities  for  [persons  who are developmentally disabled] INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES operated by the office [of mental retar-
dation and] FOR PEOPLE WITH developmental  disabilities,  an  additional
assessment  shall  be  two and four-tenths percent of the gross receipts
for all services rendered within such service category on a  cash  basis
beginning  April first, nineteen hundred ninety-five; provided, however,
such additional assessment shall be five and four-tenths percent of  the
gross  receipts  received  for all services rendered within such service
category on a cash basis beginning April first, nineteen  hundred  nine-
ty-six and ending March thirty-first, two thousand one.
  (iii)  For  each  provider  of services as set forth in clause (ii) of
subdivision one of this section in the  category  of  intermediate  care
facilities  for  [persons  who are developmentally disabled] INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES operated by the office [of mental retar-
dation and] FOR PEOPLE WITH developmental disabilities,  notwithstanding
any other provision of this paragraph, the total assessment shall be six
percent  of  the  provider's gross receipts received on a cash basis for
all services rendered, beginning April first, two thousand one, and five
and five-tenths percent of the provider's gross receipts received  on  a
cash basis for all services rendered, beginning January first, two thou-
sand eight.
  S 47. Section 43.12 of the mental hygiene law, as added by chapter 305
of the laws of 2007, is amended to read as follows:
S 43.12 Electronic submission of periodic cost reports to the office [of
          mental retardation and] FOR PEOPLE WITH developmental disabil-
          ities.
  Notwithstanding  any  provision  of  law,  rule  or  regulation to the
contrary, every operator of a facility which is licensed by  the  office
[of  mental  retardation and] FOR PEOPLE WITH developmental disabilities
(hereinafter "office") and every provider of services which  is  subject
to  the regulation or control of the office shall submit electronically,
via the internet, any annual cost report which is required to be submit-
ted to the office pursuant to the provisions of section  43.02  of  this
article  and  any  rules  and regulations promulgated thereunder and any
other  required  periodic  cost  report  or  accounting  which  may   be
prescribed by the commissioner of [mental retardation and] developmental
disabilities  as subject to such electronic submission. The office shall
publish and make available at all times on its website instructions  for
the  submission of such reports or accountings via the internet, includ-
ing instructions relating to the use of an electronic signature  as  may
be  required  by  the  commissioner of [mental retardation and] develop-
mental disabilities which signature shall be subject to,  and  submitted
in  accordance  with, the provisions of the state technology law and any
rules and regulations promulgated thereunder. Any operator  or  provider
of  services  that is unable to submit such cost report or accounting in
accordance with this section may apply for a  waiver  of  such  required
submission  from  the  commissioner of [mental retardation and] develop-
mental disabilities. The commissioner of [mental retardation and] devel-

A. 11197                           20

opmental disabilities may grant a waiver for  any  given  submission  to
such operator or provider of services for good cause shown and may grant
a  general waiver to all operators or providers of services with respect
to  any  required  submission.  On  and after the effective date of this
section, any contract entered into between the office and a provider  of
services  which  involves  the  provision  of  services  to persons with
[mental retardation and] developmental disabilities and  which  contains
provisions  that  require  the  submission  of  any  periodic  report or
accounting may also contain provisions that require  the  submission  of
any  periodic  cost report or accounting required under such contract to
be submitted electronically as set forth in this section.
  S 48. Paragraphs (a) and (b) of subdivision 2 of section 1 of  chapter
455  of  the  laws  of  2007 relating to the use of certain language and
terminology when dealing with certain issues, are  amended  to  read  as
follows:
  (a)  avoid language that (i) implies that a person as a whole is disa-
bled (e.g., the mentally ill or the  learning  disabled),  (ii)  equates
persons with their condition (e.g., epileptics, autistics or quadrapleg-
ics,  (iii) has negative overtones (e.g., afflicted with cerebral palsy,
suffering from multiple sclerosis, confined to a  wheelchair  or  wheel-
chair bound) or (iv) is regarded as derogatory or demeaning (e.g., hand-
icapped   [or],  mentally  deficient,  MENTAL  RETARDATION  OR  MENTALLY
RETARDED, UNLESS SUCH TERM IS USED FOR CLINICAL PURPOSES AS  DEFINED  IN
SECTION 1.03 OF THE MENTAL HYGIENE LAW); and
  (b) replace non-respectful language by referring to persons with disa-
bilities as persons first (e.g., individuals with disabilities, individ-
uals  with  developmental disabilities, individuals with mental illness,
OR individuals with autism [or individuals with mental retardation]).
  S 49. Terms occurring in laws, contracts and other documents.  Whenev-
er the functions, powers, obligations, duties and officials relating  to
the  office  of  mental  retardation and development disabilities or the
commissioner of the office of mental retardation and  development  disa-
bilities  is  referred  to  or  designated in any other law, regulation,
contract or document, such reference or designation shall be  deemed  to
refer  to  the appropriate functions, powers, obligations, duties, offi-
cials and commissioner of the office for people with developmental disa-
bilities, as designated by this act.
  S 50. Existing rights and remedies preserved.  No  existing  right  or
remedy of any character shall be lost, impaired or affected by reason of
this act.
  S  51.  Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be  adjudged  by
any  court  of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder thereof,  but  shall  be
confined  in  its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered.  It  is
hereby  declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been  included
herein.
  S 52. This act shall take effect immediately.