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

                                  3483

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 20, 2009
                               ___________

Introduced  by  Sens.  HUNTLEY,  BRESLIN -- (at request of the Office of
  Mental Retardation and Developmental Disabilities) -- read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Mental Health and Developmental Disabilities

AN ACT to amend the mental hygiene law, in relation to changing the name
  of the office of mental retardation and developmental disabilities  to
  the  New York state developmental disabilities services office; and to
  repeal subdivision 6 of section 29.29 of such 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 and 11 of section 1.03 of the mental hygiene
law,  subdivision  2  as  amended by chapter 223 of the laws of 1992 and
subdivision 11 as added by chapter 978 of the laws of 1977, are  amended
to read as follows:
  2. "Commissioner" means the commissioner of mental health, the commis-
sioner  of  [mental retardation and] developmental disabilities SERVICES
and the commissioner of alcoholism and substance abuse services as  used
in  this  chapter.  Any power or duty heretofore assigned to the commis-
sioner 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, to the commissioner of [mental retardation  and]  develop-
mental  disabilities  SERVICES  in  the case of facilities, programs, or
services for the mentally retarded and developmentally disabled, to  the
commissioner  of  alcoholism and substance abuse services in the case of
facilities,  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 developmentally
disabled under the jurisdiction of the  [office  of  mental  retardation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07836-02-9
              

S. 3483                             2

and]  NEW  YORK  STATE  developmental  disabilities SERVICES OFFICE or a
facility for the residential care, treatment, training, or education  of
the mentally retarded and developmentally disabled which has been issued
an operating certificate by the commissioner of [mental retardation and]
developmental disabilities SERVICES.
  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) NEW YORK STATE  DEVELOPMENTAL  DISABILITIES  SERVICES  office  [of
mental retardation and developmental disabilities]; AND
  (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 NEW YORK STATE DEVELOPMENTAL DISABILITIES
SERVICES office [of mental retardation and  developmental  disabilities]
shall  be  the  commissioner  of  [mental retardation and] developmental
disabilities SERVICES; and the head of  the  office  of  alcoholism  and
substance  abuse  services  shall  be the commissioner 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 of mental health and [mental
retardation and] developmental [disability] DISABILITIES SERVICES of the
department, as the head 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 mental illness, mental retardation and develop-
mental disability in accordance with the requirements of section four of
article seventeen of the New York state constitution.
  (1) The commissioners of the offices of mental health, [mental  retar-
dation  and]  developmental  disabilities  SERVICES  and  alcoholism and
substance abuse services shall 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 mental illness, mental
retardation  and  developmental  disability,  alcoholism, alcohol abuse,
substance  abuse,  substance  dependence,  and  chemical  dependence  is
planned,   developed  and  implemented  comprehensively;  that  gaps  in
services to the multiply disabled are eliminated and that no  person  is
denied  treatment  and services because he or she suffers from 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 be coordinated between the offices having jurisdiction over such
programs; and that research projects of the institutes, as identified in
section 7.17 or 13.17 of this chapter, are coordinated to  maximize  the

S. 3483                             3

success  and cost effectiveness of such projects and to eliminate waste-
ful 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
NEW YORK STATE developmental disabilities SERVICES OFFICE and the office
of alcoholism and substance abuse services shall each formulate a state-
wide comprehensive five-year plan for the provision  of  all  state  and
local  services  for  the  mentally  ill, mentally retarded and develop-
mentally disabled, and those suffering  from  alcoholism  and  substance
abuse, respectively. Each plan shall be formulated from local comprehen-
sive 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 of the  area  in
conformance with statewide goals and objectives established by the advi-
sory 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 NEW  YORK  STATE
DEVELOPMENTAL  DISABILITIES  SERVICES  office [of mental retardation and
developmental disabilities], and the division of parole.
  (b) "Commissioner" means the commissioner  of  mental  health  or  the
commissioner  of  [mental  retardation  and]  developmental disabilities
SERVICES.
  (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 NEW YORK STATE DEVELOPMENTAL DISABIL-
ITIES SERVICES office [of mental retardation and developmental disabili-
ties].
  (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 NEW YORK STATE DEVEL-
OPMENTAL DISABILITIES SERVICES office [of mental retardation and  devel-
opmental  disabilities] for the purposes of providing care and treatment
to persons confined under this article, and persons defined in paragraph
five of subdivision (g) of this section. Personnel from these same agen-
cies 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 SERVICES,
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 develop-
mental disabilities, as appropriate, with experience in  the  treatment,

S. 3483                             4

diagnosis, risk assessment or management of sex offenders. To the extent
practicable,  the  workload  of  the  case review panel should be evenly
distributed among its members. Members of  the  case  review  panel  and
psychiatric  examiners  should  be  free to exercise independent profes-
sional judgment without pressure or retaliation for the exercise of that
judgment from any source.
  S 8. 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, NEW YORK STATE DEVELOPMENTAL DISA-
BILITIES SERVICES office [of mental retardation and developmental  disa-
bilities],  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
NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES SERVICES office [of mental
retardation and 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
officer's report.
  S  9.  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:
             NEW YORK STATE DEVELOPMENTAL DISABILITIES OFFICE
         [OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES]
  S 10. 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 developmental disabilities, a new autonomous
agency  to  be  known  as  the NEW YORK STATE DEVELOPMENTAL DISABILITIES
SERVICES office [of mental retardation and  developmental  disabilities]
has  been  established.  The  office and its commissioner shall plan and
work with local governments and voluntary organizations and all  provid-
ers  of  services, and persons with mental retardation and 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  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 retardation and developmental disabili-
ties  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

S. 3483                             5

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 retarda-
tion and developmental disabilities.
  S 11. 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:
  1. "office"  means  the  NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES
SERVICES office [of mental retardation and developmental disabilities].
  2. "commissioner" means the head of the NEW YORK  STATE  DEVELOPMENTAL
DISABILITIES  SERVICES  office  [of mental retardation and developmental
disabilities].
  S 12. 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 cooper-
ation with the commissioner of [mental  retardation  and]  developmental
disabilities  SERVICES,  establish  statewide  goals  and objectives for
services for persons with mental retardation and developmental disabili-
ties and shall advise the commissioner on matters related to development
and implementation of the [OMRDD's] NEW YORK STATE  DEVELOPMENTAL  DISA-
BILITIES  SERVICES  OFFICE'S  triennial state developmental disabilities
comprehensive plan as required under paragraph two of subdivision (b) of
section 5.07 of this chapter. The advisory council shall have the  power
to  consider  any matter relating to the improvement of the state mental
retardation and developmental disabilities program and shall advise  the
commissioner  of  [mental  retardation  and  developmental disabilities]
DEVELOPMENTAL DISABILITIES SERVICES thereon and on any  matter  relating
to  the performance of their duties with relation to persons with mental
retardation and developmental disabilities and on policies, goals, budg-
et and operation of developmental disabilities services.
  S 13.  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 developmental disabilities]  NEW  YORK
          STATE  DEVELOPMENTAL  DISABILITIES  SERVICES  OFFICE; scope of
          responsibilities.
  (a) The NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES office  [of
mental  retardation  and  developmental  disabilities]  shall assure the
development of comprehensive plans, programs, and services in the  areas
of  research,  prevention,  and care, treatment, habilitation, rehabili-
tation, vocational and other education, and  training  of  persons  with
mental retardation and developmental disabilities. Such plans, programs,
and  services shall be developed by the cooperation of the office, other
offices of the department where appropriate, other state departments and
agencies,  local  governments,  community  organizations  and   agencies
providing  services to persons with mental retardation and 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

S. 3483                             6

the  provision  of  facilities, programs, supports and services by local
government and community organizations and agencies.
  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  NEW  YORK  STATE  DEVELOPMENTAL
          DISABILITIES SERVICES office [of mental retardation and devel-
          opmental 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  NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES  SERVICES
          office [of mental retardation and 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 NEW  YORK  STATE
          DEVELOPMENTAL DISABILITIES SERVICES office [of mental retarda-
          tion and developmental disabilities].
  S  17. Subdivisions (a) and (d) of section 13.19 of the mental hygiene
law, subdivision (a) as amended by section 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 NEW
YORK STATE DEVELOPMENTAL DISABILITIES SERVICES office [of mental  retar-
dation  and developmental disabilities] and school and facility officers
and employees who are designated 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 NEW YORK STATE DEVELOP-
MENTAL  DISABILITIES SERVICES office [of mental retardation and develop-
mental disabilities] shall be 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 NEW YORK STATE DEVELOPMENTAL DISABILITIES
SERVICES office [of mental retardation and developmental disabilities].
  (a) The director of a school in the NEW YORK STATE  DEVELOPMENT  DISA-
BILITIES  SERVICES office [of mental retardation and developmental disa-
bilities] 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 facili-
ty shall also refer to such developmental 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 commission-
er.  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

S. 3483                             7

remove  in  accordance  with law and applicable rules of the state civil
service commission such officers and employees of the facility of  which
he  is  director  as  are necessary for its efficient administration. He
shall in exercising his appointing authority take, consistent with arti-
cle  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  is  director.
He  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
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 NEW YORK STATE DEVELOPMENTAL DISABILI-
TIES SERVICES office [of mental retardation and developmental  disabili-
ties]  shall  be  authorized to subpoena witnesses, compel their attend-
ance, administer oaths to witnesses, examine 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.  Subdivision (d) of section 13.27 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
  (d) Laboratory services. Subject to  the  commissioner's  regulations,
the  director  may agree to make the laboratory service of a facility in
the NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES office [of mental
retardation and 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 NEW YORK STATE DEVELOPMENTAL  DISA-
BILITIES  SERVICES office [of mental retardation and developmental disa-
bilities], a facility within the office, the commissioner, or the direc-
tors or visitors of facilities which are to be used or may be  used  for
purposes  of  the  NEW  YORK  STATE  DEVELOPMENTAL DISABILITIES SERVICES
office [of mental retardation and developmental  disabilities],  includ-
ing,  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 NEW YORK STATE DEVELOPMENTAL  DISABILI-
TIES  SERVICES office [of mental retardation and developmental disabili-
ties], or facilities thereof  and  predecessor  officers,  agencies,  or

S. 3483                             8

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  NEW  YORK  STATE DEVELOPMENTAL DISABILITIES SERVICES
office [of mental retardation and  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, maintenance, and treatment after  Janu-
ary  first,  nineteen  hundred  sixty-four  of  patients at those mental
hygiene facilities as defined in section three of the facilities  devel-
opment 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 development corporation  for  liqui-
dation,  and  he  OR  SHE  shall have the authority to transfer all such
securities and evidences of indebtedness and to execute on behalf of the
NEW YORK STATE DEVELOPMENTAL DISABILITIES  SERVICES  office  [of  mental
retardation  and developmental disabilities] or any of its facilities or
the facilities development corporation a satisfaction and release there-
of.
  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
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 devel-
opmental  disabilities]  NEW  YORK  STATE   DEVELOPMENTAL   DISABILITIES
SERVICES OFFICE, 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 confiden-
tial 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.
  (m)  Members of the boards of visitors shall be considered officers of
the NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES office [of mental
retardation and 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 NEW  YORK
STATE  DEVELOPMENTAL DISABILITIES SERVICES office [of mental retardation

S. 3483                             9

and developmental disabilities] shall furnish annually  to  the  commis-
sioner  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 recertification.
  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 SERVICES, 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.
  This article sets forth provisions enabling the  commissioner  of  the
NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES SERVICES office [of mental
retardation and developmental disabilities] to regulate and  assure  the
consistent  high  quality  of  services provided within the state to its
mentally retarded and developmentally disabled citizens. The commission-
er 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
shall supersede, as to such matters, sections of article thirty-one that
are inconsistent with the provisions of this chapter.
  S 26. Subdivision (d) of section 16.27 of the mental hygiene  law,  as
added  by chapter 611 of the laws of 1981, 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 NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES office
[of mental retardation and developmental disabilities]. Reference to the
commissioner  in this section shall mean the commissioner of [the office
of mental retardation and] developmental disabilities SERVICES.
  S 27. 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 NEW YORK STATE DEVELOP-
MENTAL DISABILITIES SERVICES office [of mental retardation and  develop-
mental  disabilities] or from an inpatient facility operated or licensed
by the office of [alcohol] ALCOHOLISM 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 facili-
ty licensed or operated by the NEW YORK STATE DEVELOPMENTAL DISABILITIES
SERVICES office [of mental retardation and  developmental  disabilities]
or  for  an inpatient facility operated by the office of [alcohol] ALCO-
HOLISM 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  (B)
such referral shall be made to the patient's home county whenever possi-
ble or appropriate.

S. 3483                            10

  (II)  No patient about to be discharged or conditionally released from
a department facility licensed or operated by the NEW YORK STATE  DEVEL-
OPMENTAL  DISABILITIES SERVICES office [of mental retardation and devel-
opmental  disabilities]  or  from  an  inpatient  facility  operated  or
licensed  by  the  office  of  [alcohol]  ALCOHOLISM 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 revocation, suspension or
denial of its operating certificate; (B) the limitation 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"  pursuant  to  subdivision
fifteen  of  section  four  hundred  sixty-d of the social services law.
Referrals may resume when such enforcement actions are resolved.
  S 28. 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 of mental health and [mental retarda-
tion and] developmental disabilities SERVICES 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  29. 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 NEW YORK STATE developmental disabilities SERVICES
OFFICE of the department shall establish policies and uniform procedures
for their respective offices for the reporting, compilation, and  analy-
sis  of  incident  reports.  Incident reports shall, for the purposes of
this chapter, 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] developmental disabili-
ties SERVICES.
  S 30. Subdivision 6 of section 29.29 of  the  mental  hygiene  law  is
REPEALED.
  S  31.  The  opening paragraph of subdivision (a) and subdivisions (b)
and (c) of section 33.02 of the mental hygiene law,  the  opening  para-
graph  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:
  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 NEW YORK STATE DEVELOPMENTAL DISABILITIES
SERVICES office [of mental retardation and  developmental  disabilities]
are  treated consistently with the laws and regulations assuring quality

S. 3483                            11

care, the commissioner of the office of mental health  and  the  commis-
sioner of [the office of mental retardation and] developmental disabili-
ties  SERVICES shall promulgate regulations informing residents of their
rights under law. Such regulations shall include, but not be limited to,
informing residents 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
NEW YORK STATE DEVELOPMENTAL DISABILITIES  SERVICES  office  [of  mental
retardation and developmental disabilities] only upon written order of a
physician  in the resident's clinical record stating the clinical justi-
fication for such limitation and the specific period of time such  limi-
tation  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 NEW YORK STATE  DEVELOPMENTAL  DISABILI-
TIES  SERVICES office [of mental retardation and developmental disabili-
ties] 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 NEW YORK STATE DEVELOPMENTAL DISABILITIES
SERVICES office [of mental retardation and 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  individual'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.
  S 32. 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  SERVICES  shall  develop  standards  regarding the
management of patient funds.
  S 33. 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

S. 3483                            12

participants in sheltered workshop programs operated by  the  office  of
mental  health,  the  NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES
office [of mental retardation and developmental disabilities] or  volun-
tary 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 agencies 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  34.  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.
  The office of mental health and the NEW YORK STATE DEVELOPMENTAL DISA-
BILITIES SERVICES office [of mental retardation and developmental  disa-
bilities]  shall  provide  the  same education for patients in office of
mental health hospitals and residents in NEW  YORK  STATE  DEVELOPMENTAL
DISABILITIES  SERVICES  office  [of mental retardation and developmental
disabilities] 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  NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES
SERVICES  office  [of mental retardation and 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]  develop-
mental  disabilities  SERVICES.  The  cost  of such instruction less the
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 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 35. 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 NEW YORK STATE  DEVELOPMENTAL  DISABILITIES  SERVICES  office  [of
mental  retardation  and developmental disabilities] shall provide suit-
able  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  suit-
able  remedial efforts, to include, but not be limited to, hearing aids,
alternative forms of communication and  auditory  training  to  overcome
this  handicap  and  to ascertain the true level of intelligence of such
residents.
  S 36. Subdivision (a) and paragraph 10 of subdivision (c)  of  section
33.13  of  the mental hygiene law, subdivision (a) as amended by chapter
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 NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES office [of mental

S. 3483                            13

retardation  and 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  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
article thirty-one of this chapter. The record shall contain information
on all matters relating to the admission, legal status, care, and treat-
ment  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 NEW YORK STATE  DEVEL-
OPMENTAL  DISABILITIES SERVICES office [of mental retardation and devel-
opmental  disabilities],  in  consultation  with   the   commission   of
correction  and the division of parole, shall promulgate rules and regu-
lations to implement the provisions of this paragraph.
  S 37. 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 SERVICES and  the  commissioner  of  alcoholism  and
substance  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

S. 3483                            14

consist  of  no  less than three nor more than five persons. The commis-
sioners shall promulgate rules and regulations necessary  to  effectuate
the provisions of this subdivision.
  S  38.  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 NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES office [of mental
retardation  and  developmental disabilities] which provides a residence
for up to fourteen  mentally  disabled  persons,  including  residential
treatment facilities for children and youth.
  (2)  The  office of mental health and the NEW YORK STATE DEVELOPMENTAL
DISABILITIES SERVICES office [of mental  retardation  and  developmental
disabilities] shall not issue an operating 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 organization 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 facilities 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 39. 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 NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES  SERVICES
office  [of  mental  retardation  and  developmental disabilities] which
provides a supervised residence  or  residential  respite  services  for
mentally disabled persons. 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 SERVICES 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 SERVICES.
  S 40. 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:
  The commissioner of mental health  and  the  commissioner  of  [mental
retardation  and]  developmental disabilities SERVICES shall, consistent
with the  state  integrated  employment  implementation  plan  developed
pursuant to subdivision two of section one thousand four-b of the educa-
tion  law,  and  subject to appropriations made therefor, to develop and

S. 3483                            15

support services that provide individuals with mental  disabilities  the
opportunity  to  learn  and  develop  employment related skills and work
experience, including but not limited to sheltered workshops  and  inte-
grated  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 possi-
ble:
  S 41. 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 NEW YORK STATE DEVELOPMENTAL  DISABILITIES
SERVICES  office [of mental retardation and developmental disabilities],
directly or through contract, and within amounts made  available  there-
for,  shall  establish a family-directed, statewide system of comprehen-
sive 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  NEW
YORK  STATE DEVELOPMENTAL DISABILITIES SERVICES office [of mental retar-
dation and developmental disabilities], which are provided to  meet  the
goals  of:  (i)  providing  a  quality of life comparable, to the extent
practicable, to that of similarly situated  families  without  a  family
member having a developmental disability; (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  42.  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 NEW  YORK  STATE  DEVELOP-
MENTAL  DISABILITIES SERVICES office [of mental retardation and develop-
mental disabilities], the office of mental health or the office of alco-
holism 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 agency 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 the subject of disclosure made
pursuant to this section or at the  time  of  the  acquisition  of  such
interest, whichever occurs later.

S. 3483                            16

  S  43. 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 of
mental health and [mental retardation  and]  developmental  disabilities
SERVICES  are  authorized upon the application 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  prop-
erty  who  are required to disclose financial or other beneficial inter-
ests 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] developmental
disabilities SERVICES and approved by the director of the budget and the
state comptroller.
  S 44. 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  NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES
            SERVICES office [of  mental  retardation  and  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 NEW YORK STATE DEVELOPMENTAL DISABIL-
ITIES SERVICES office [of mental retardation and developmental disabili-
ties] pursuant to article sixteen of this chapter or  certified  by  the
office of alcoholism and substance abuse services pursuant to this chap-
ter  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 dependence services, at hospitals otherwise licensed
pursuant to article twenty-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 NEW YORK
STATE  DEVELOPMENTAL DISABILITIES SERVICES office [of mental retardation
and 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  depend-
ence services shall provide to the commissioner of the respective office
such  financial, statistical and program information as the commissioner
may determine to be  necessary.  The  commissioner  of  the  appropriate

S. 3483                            17

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 NEW YORK STATE DEVELOPMENTAL  DISABILITIES  SERVICES  office  [of
mental  retardation and 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 NEW YORK STATE DEVELOPMENTAL DISABILITIES SERVICES
office [of mental retardation and developmental  disabilities]  pursuant
to  article sixteen of this chapter, or certified by the office of alco-
holism 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  45.  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 and paragraph (c) of subdi-
vision 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 NEW YORK STATE DEVELOPMENTAL
DISABILITIES SERVICES office [of mental  retardation  and  developmental
disabilities]  pursuant to article sixteen of this chapter as intermedi-
ate care  facilities  for  persons  who  are  developmentally  disabled,
providers  of day treatment services or specialty hospitals, except that
on and after December first, nineteen hundred ninety-seven, provider  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 subdivision
shall include, the NEW YORK STATE  DEVELOPMENTAL  DISABILITIES  SERVICES
office  [of  mental  retardation  and developmental disabilities] as the
operator of intermediate care facilities for persons  who  are  develop-
mentally  disabled.  Providers  of  services  are charged assessments on
their gross receipts received from services and care related to interme-
diate care facilities, day treatment services,  or  specialty  hospitals
until November thirtieth, nineteen hundred ninety-seven, for persons who
are  developmentally  disabled 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]
developmental disabilities SERVICES 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 operated by  the

S. 3483                            18

NEW  YORK  STATE  DEVELOPMENTAL  DISABILITIES SERVICES office [of mental
retardation and 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 operated by the
NEW YORK STATE DEVELOPMENTAL DISABILITIES  SERVICES  office  [of  mental
retardation  and  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 addi-
tional  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  ninety-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 operated by the
NEW YORK STATE DEVELOPMENTAL DISABILITIES  SERVICES  office  [of  mental
retardation  and  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 thousand
eight.
  S 46. 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  NEW  YORK
          STATE  DEVELOPMENTAL  DISABILITIES  SERVICES office [of mental
          retardation and developmental disabilities].
  Notwithstanding any provision  of  law,  rule  or  regulation  to  the
contrary, every operator of a facility which is licensed by the NEW YORK
STATE  DEVELOPMENTAL DISABILITIES SERVICES office [of mental retardation
and developmental disabilities] (hereinafter "office") and every provid-
er 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 submitted to the office pursuant  to  the
provisions  of  section  43.02  of  this article and any rules and regu-
lations promulgated thereunder and  any  other  required  periodic  cost
report  or  accounting  which  may  be prescribed by the commissioner of
[mental retardation and] developmental disabilities SERVICES as  subject
to  such electronic submission. The office shall publish and make avail-
able at all times on its website instructions for the submission of such
reports or accountings via the internet, including instructions relating
to the use of an electronic signature as may be required by the  commis-
sioner  of  [mental retardation and] developmental disabilities SERVICES
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]  developmental  disabilities

S. 3483                            19

SERVICES.  The  commissioner  of  [mental retardation and] developmental
disabilities SERVICES 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 elec-
tronically as set forth in this section.
  S 47. Terms occurring in laws, contract and other documents.  Whenever
the functions, powers, obligations, duties and officials relating to the
office of mental  retardation  and  developmental  disabilities  or  the
commissioner of the office of mental retardation and developmental 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 New York state developmental  disabilities
services office, as designated by this act.
  S  48.  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 49. 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 50. This act shall take effect immediately.