Assembly Bill A3191

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

                                  3191

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

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

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
for  people  with  developmental  disabilities  promulgated  an advisory
guideline (August 10, 2001) that includes an  eligibility  standard  for
the  services of such office that excludes many persons who are substan-
tially 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 disability". 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  for
people with developmental disabilities services.
  S  3.  The  temporary epilepsy task force shall consist of 15 members.
The commissioner of the office for people with  developmental  disabili-
ties  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
members by the speaker of the assembly,  two  members  by  the  minority

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07766-01-1
              

A. 3191                             2

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 developmental disabilities generally, with at least one of  the
two  members  appointed  by  the  governor,  temporary  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  the
office for people with developmental disabilities and legislature within
eighteen months of the effective date of this act. These recommendations
shall  be implemented as the eligibility standards for services provided
by the office for  people  with  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.