S T A T E   O F   N E W   Y O R K
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                                 7053--A
                                                        Cal. No. 275

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2015
                               ___________

Introduced by M. of A. GUNTHER, BARRETT, RODRIGUEZ, McDONALD, LINARES --
  read  once  and referred to the Committee on Mental Health -- advanced
  to a third reading, amended and ordered reprinted, retaining its place
  on the order of third reading

AN ACT to amend the mental hygiene law, in relation to appointments  and
  duties  of  the developmental disabilities advisory council and to the
  submission and posting of a statewide plan for services

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

  Section  1.  Subdivision  (a) and the opening paragraph of subdivision
(c) of section 13.05 of the  mental  hygiene  law,  subdivision  (a)  as
amended  by  chapter 37 of the laws of 2011 and the opening paragraph of
subdivision (c) as amended by section 5 of part N of chapter 56  of  the
laws of 2012, are amended to read as follows:
  (a)  There is hereby established a developmental disabilities advisory
council. The council shall consist of the commissioner, the chairman  of
the  conference  of  local mental hygiene directors or his designee, and
[at least] NO LESS THAN thirty-three members [to  be  appointed  by  the
governor]  APPOINTED  AS  FOLLOWS: TWENTY-THREE MEMBERS APPOINTED BY THE
GOVERNOR; FIVE MEMBERS APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE;  AND  FIVE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY. ANY
INCREASE IN THE NUMBER OF MEMBERS SHALL BE APPOINTED  PROPORTIONALLY  BY
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY, TO THE EXTENT PRACTICABLE. Members shall be appointed only
if they have demonstrated an active interest in or have obtained profes-
sional knowledge in the care of persons with developmental  disabilities
or  in  the  field of developmental disabilities generally. The governor
shall designate one of the appointed members as chair. The council shall
at all times include in  its  membership  representatives  of  community
service  board  developmental  disabilities  subcommittees, providers of
services and non-governmental organizations concerned with services  for

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

                                                           LBD10574-02-5

A. 7053--A                          2

persons  with  developmental  disabilities.  At  least  one-third of the
membership of the advisory council shall consist of  consumer  represen-
tatives  including  persons  with  developmental  disabilities, or their
parents or guardians.
  The  developmental  disabilities advisory council shall have no execu-
tive, administrative or appointive duties. The council  shall  have  the
duty  to  foster  public  understanding  and acceptance of developmental
disabilities. It shall, in cooperation with the commissioner of develop-
mental disabilities, provide recommendations  for  statewide  priorities
and  goals  for services for individuals with developmental disabilities
[and], INCLUDING, BUT NOT LIMITED TO, THE  REGIONAL  HOUSING  NEEDS  AND
PRIORITY  OF SUCH NEED BASED ON THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES REGISTRATION WAITLIST; EMPLOYMENT OPPORTUNITIES,  INCLUDING
ALTERNATIVE  WORK  SETTINGS;  SELF-DIRECTED  MODELS  OF CARE; THE CENSUS
REDUCTION OF INSTITUTIONAL SERVICE SETTINGS AND REINVESTMENT OF  SAVINGS
FROM  SUCH  REDUCTION  INTO  COMMUNITY  BASED  SERVICES;  AND  ANY OTHER
PROGRAMMATIC OR LEGISLATIVE NEED RELATED TO THE STATE MEETING ITS STATU-
TORY REQUIREMENTS PERTAINING TO THE OLMSTEAD  PLAN.  THE  COUNCIL  shall
ALSO  advise  the  commissioner  on  matters  related to development and
implementation of the statewide comprehensive  plan  as  required  under
section  5.07 of this chapter. The advisory council shall have the power
to consider any matter relating to the improvement of the state develop-
mental disabilities program and shall advise the commissioner of  devel-
opmental disabilities thereon and on any matter relating to the perform-
ance  of  their  duties  with relation to individuals with developmental
disabilities and on policies, goals, budget and  operation  of  develop-
mental disabilities services.
  S  2.  Paragraph  3  of  subdivision (b) of section 5.07 of the mental
hygiene law, as amended by section 3 of part N of chapter 56 of the laws
of 2012, is amended to read as follows:
  (3) The commissioners of each of the offices shall be responsible  for
the development of such statewide five-year plan for services within the
jurisdiction  of  their  respective  offices and after giving due notice
shall conduct one or more public hearings on such plan.  The  behavioral
health  services  advisory  council and the advisory council on develop-
mental disabilities shall review the statewide five  year  comprehensive
plan  developed by such office or offices and report its recommendations
thereon to such commissioner or commissioners. Each  commissioner  shall
submit  the  plan,  with  appropriate  modifications, to the governor no
later than the first day of November of each year  in  order  that  such
plan  may be considered with the estimates of the offices for the prepa-
ration of the executive budget of the state of New  York  for  the  next
succeeding state fiscal year. Such comprehensive plan shall be submitted
to  the  legislature and also be posted to the website of each office NO
LATER THAN THE FIFTEENTH OF JANUARY OF EACH YEAR. Statewide plans  shall
ensure  responsiveness to changing needs and goals and shall reflect the
development of new information and  the  completion  of  program  evalu-
ations.  An  interim  report  detailing  the  commissioner's  actions in
fulfilling the requirements of this section in preparation of  the  plan
and  modifications  in  the  plan  of  services  being considered by the
commissioner shall be submitted to the governor and the  legislature  on
or  before the fifteenth day of March of each year.  Such interim report
shall include, but need not be limited to:
  (a) actions to include participation of  consumers,  consumer  groups,
providers  of  services and departmental facilities, as required by this
subdivision; and

A. 7053--A                          3

  (b) any modifications in the plan of services being considered by  the
commissioner,  to  include:  (i)  compelling  budgetary, programmatic or
clinical justifications  or  other  major  appropriate  reason  for  any
significant  new  statewide  programs  or  policy  changes  from a prior
(approved)  five year comprehensive plan; and (ii) procedures to involve
or inform local governmental units of such actions or plans.
  S 3. This act shall take effect immediately; provided,  however,  that
the amendments to subdivision (a) of section 13.05 of the mental hygiene
law  made  by  section  one  of this act shall take effect upon the next
succeeding re-appointment  time  period,  or  as  vacancies  occur,  and
provided,  further,  that  the  amendments  to  the opening paragraph of
subdivision (c) of section 13.05 of  the  mental  hygiene  law  made  by
section one of this act shall take effect April 1, 2016.