S T A T E O F N E W Y O R K
________________________________________________________________________
7646
2009-2010 Regular Sessions
I N A S S E M B L Y
April 17, 2009
___________
Introduced by M. of A. P. RIVERA, SCHROEDER -- read once and referred to
the Committee on Mental Health, Mental Retardation and Developmental
Disabilities
AN ACT to amend the mental hygiene law, in relation to payments made by
the office of mental retardation and developmental disabilities and
the office of mental health to operators of family care homes,
increasing the number of days that substitute caretakers may be
provided to family care homes by the office of mental retardation and
developmental disabilities and the office of mental health, and
payments made to the operators of community residential facilities for
the needs of persons with mental retardation or other developmental
disabilities residing therein
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision (e) of section 16.23
of the mental hygiene law, as added by chapter 786 of the laws of 1983,
is amended to read as follows:
The commissioner shall establish a procedure, subject to the approval
of the state comptroller, whereby payments may be made to operators of
family care homes for one or more of the following needs of clients
residing in such facilities, limited to [two hundred ninety dollars]
SUCH AMOUNTS per client per year AS SHALL BE SET BY THE COMMISSIONER AND
APPROVED BY THE DIRECTOR OF THE BUDGET and paid semi-annually in the
manner specified by such procedures; PROVIDED, HOWEVER, THAT SUCH
PAYMENTS SHALL BE NO LESS THAN SIX HUNDRED THIRTY-TWO DOLLARS PER CLIENT
PER YEAR:
S 2. The opening paragraph of paragraph 8 of subdivision (h) of
section 31.03 of the mental hygiene law, as added by chapter 809 of the
laws of 1980, is amended to read as follows:
The commissioner shall establish a procedure, subject to the approval
of the state comptroller, whereby payments may be made to operators of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10777-01-9
A. 7646 2
family care homes for one or more of the following needs of clients
residing in such facilities, limited to [two hundred ninety dollars]
SUCH AMOUNTS per client per year AS SHALL BE SET BY THE COMMISSIONER AND
APPROVED BY THE DIRECTOR OF THE BUDGET and paid semi-annually in the
manner specified by such procedures; PROVIDED, HOWEVER, THAT SUCH
PAYMENTS SHALL BE NO LESS THAN SIX HUNDRED THIRTY-TWO DOLLARS PER CLIENT
PER YEAR:
S 3. Subdivision (d) of section 16.23 of the mental hygiene law, as
added by chapter 786 of the laws of 1983, is amended to read as follows:
(d) The office shall provide substitute caretakers to each family care
home for a maximum of [ten] FOURTEEN days per year, either directly or
as a purchase of service.
S 4. Paragraph 7 of subdivision (h) of section 31.03 of the mental
hygiene law, as amended by chapter 613 of the laws of 1981, is amended
to read as follows:
(7) The department shall provide substitute caretakers to each family
care home for a maximum of [ten] FOURTEEN days per year, either directly
or as a purchase of service.
S 5. The opening paragraph of subdivision (n) of section 41.36 of the
mental hygiene law, as amended by chapter 525 of the laws of 1985, is
amended to read as follows:
The commissioner shall establish a procedure, subject to the approval
of the state comptroller, whereby payments in addition to the client's
personal allowance may be made to providers of services for one or more
of the following needs of clients residing in such facilities, limited
to [two hundred fifty dollars] SUCH AMOUNTS per client per year AS SHALL
BE SET BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET
and paid [semi-annually] in the manner specified by such procedures;
PROVIDED, HOWEVER, THAT SUCH PAYMENTS SHALL BE NO LESS THAN TWO HUNDRED
FIFTY DOLLARS PER CLIENT PER YEAR:
S 6. This act shall take effect immediately.