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

                                  6344

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Mental Health

AN ACT to amend the mental hygiene law, in relation to reports on prior-
  ity I and priority II individuals and the services  provided  to  such
  individuals

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

  Section 1. Section 16.01 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (d) to read as follows:
  (D)  (1)  THE  COMMISSIONER  SHALL  SUBMIT  A REPORT BIANNUALLY TO THE
LEGISLATURE ON THE FIRST OF SEPTEMBER NEXT SUCCEEDING THE EFFECTIVE DATE
OF THIS SUBDIVISION ON THE TOTAL NUMBER OF PRIORITY  I  INDIVIDUALS  AND
THE  NUMBER  OF  SUCH  INDIVIDUALS  WHO  REQUIRE OUT OF HOME RESIDENTIAL
PLACEMENT, REQUIRE DAY SERVICES BY TYPE OF SUCH SERVICE AND ARE  DEFINED
AS  "SPECIAL  POPULATIONS."  THE REPORT SHALL SPECIFY THE NUMBER OF SUCH
INDIVIDUALS WHO RESIDE IN DEVELOPMENTAL CENTERS, NURSING  HOMES,  HOSPI-
TALS  AND  YOUNG  ADULTS  WHO ARE AGING OUT OF RESIDENTIAL SCHOOL PLACE-
MENTS. FOR THE PURPOSES OF  THIS  SUBDIVISION,  "PRIORITY  I"  SHALL  BE
DEFINED  AS  ANY INDIVIDUAL IN AN EMERGENCY SITUATION, INCLUDING BUT NOT
LIMITED TO (I) ABUSIVE OR NEGLECTFUL  SITUATIONS  CONSTITUTING  IMMINENT
RISK  OF HARM, (II) IMMINENT DANGER TO SELF OR OTHERS OR (III) HOMELESS-
NESS OR IN IMMINENT DANGER OF BECOMING  HOMELESS,  WHO  IS  IN  NEED  OF
SERVICES OR SUPPORTS.
  (2)  THE COMMISSIONER SHALL SUBMIT A REPORT BIANNUALLY TO THE LEGISLA-
TURE ON THE FIRST OF SEPTEMBER NEXT SUCCEEDING  THE  EFFECTIVE  DATE  OF
THIS  SUBDIVISION ON THE TOTAL NUMBER OF PRIORITY II INDIVIDUALS INCLUD-
ING THE NUMBER OF SUCH INDIVIDUALS BY THE TYPE OF SERVICES  AND  SUPPORT
REQUIRED.   FOR THE PURPOSES OF THIS SUBDIVISION, "PRIORITY II" SHALL BE
DEFINED AS ANY INDIVIDUAL (I) WHOSE CAREGIVER IS  AGING  OR  IN  FAILING
HEALTH  FOR  WHICH NO ALTERNATE CAREGIVER IS AVAILABLE, (II) IN A LIVING
SITUATION THAT PRESENTS A SIGNIFICANT RISK OF NEGLECT  OR  ABUSE,  (III)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09749-01-5
              

A. 6344                             2

WHOSE  MEDICAL OR PHYSICAL CONDITION REQUIRES CARE THAT IS NOT AVAILABLE
IN THEIR PRESENT SITUATION, (IV) WHO PRESENTS AN INCREASING RISK TO SELF
OR OTHERS OR (V) IS AFFECTED BY A COURT OR LEGISLATIVE MANDATE REQUIRING
RESIDENTIAL PLACEMENT, WHO IS IN NEED OF SERVICES OR SUPPORTS.
  (3)  THE COMMISSIONER SHALL SUBMIT A REPORT BIANNUALLY TO THE LEGISLA-
TURE ON THE FIRST OF SEPTEMBER NEXT SUCCEEDING  THE  EFFECTIVE  DATE  OF
THIS SUBDIVISION ON THE NUMBER OF PRIORITY I AND PRIORITY II INDIVIDUALS
WHO  RECEIVED  SERVICES OVER THE PRECEDING SIX MONTH PERIOD AND THE TYPE
OF SERVICES SUCH INDIVIDUALS RECEIVED.
  S 2. This act shall take effect immediately.