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
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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.