Assembly Bill A3804

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

                                  3804

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. LIFTON, SCHROEDER -- read once and referred to
  the Committee on Mental Health, Mental Retardation  and  Developmental
  Disabilities

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

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

  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 epilepsy.  The  legislature  further  finds
that  this  advisory  guideline  conflicts  with the mental hygiene law,
which includes epilepsy in its definition of a "developmental  disabili-
ty".  To  correct this inconsistency and to adequately address the needs
of consumers substantially  handicapped  by  epilepsy,  the  legislature
finds that a temporary epilepsy task force should be established.
  S  2. A temporary epilepsy task force is hereby established to develop
eligibility guidelines that are sensitive to the  disabling  effects  of
epilepsy.  Such  task  force  shall develop a definition of "substantial
handicap due to epilepsy", determine measurement  instruments  or  mech-
anisms  that  could  be  used  to  establish substantial handicap due to
epilepsy, consider the potential  progressive  nature  of  epilepsy  and
address  the  "age  of  onset"  requirement  in qualifying for office of
mental retardation and developmental disabilities services.
  S 3. The temporary epilepsy task force shall consist  of  15  members.
The  commissioner  of  mental retardation and developmental disabilities
shall be the chair of such task  force  and  a  non-voting  member.  The
remaining  14  members shall be appointed as follows: two members by the
governor, two members by the temporary  president  of  the  senate,  two

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02558-02-9
              

A. 3804                             2

members  by  the  speaker  of  the assembly, two members by the minority
leader of the senate, two members by the minority leader of  the  assem-
bly,  one member by the New York State Epilepsy Coalition, one member by
the  Epilepsy  Foundation of New   York City, one member by the National
Epilepsy Foundation of America, and one member by the American  Epilepsy
Society.  All  members shall be appointed only if they have demonstrated
an active interest in the treatment of persons with epilepsy or  in  the
field  of  mental  retardation and developmental disabilities generally,
with at least one of the two members appointed by the  governor,  tempo-
rary  president  of the senate, speaker of the assembly, minority leader
of the senate and minority leader of the assembly being actively engaged
in the treatment of people with epilepsy. 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 epilepsy task force shall receive no
compensation  for  their services, but shall 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 epilepsy task force
shall  be  entitled  to  request  and  receive, and shall utilize and be
provided with such facilities, resources and data of any court,  depart-
ment,  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  epilepsy  task force shall report its findings,
conclusions and recommendations to the governor, commissioner of  mental
retardation  and developmental disabilities and legislature within eigh-
teen months of the effective date of  this  act.  These  recommendations
shall  be implemented as the eligibility standards for services provided
by the office of mental retardation and  developmental  disabilities  to
people  substantially handicapped by epilepsy 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 two years after such effective date.