S T A T E O F N E W Y O R K
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7836
2021-2022 Regular Sessions
I N A S S E M B L Y
May 26, 2021
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring certain
residential facilities provide free internet access to certain resi-
dents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
16.39 to read as follows:
§ 16.39 RESIDENTIAL FACILITY INTERNET SERVICE.
(A) EVERY PROVIDER OF SERVICES HOLDING AN OPERATING CERTIFICATE FOR A
RESIDENTIAL FACILITY FOR THE CARE AND TREATMENT OF PERSONS WITH DEVELOP-
MENTAL DISABILITIES, INCLUDING BUT NOT LIMITED TO FAMILY CARE HOMES,
SHALL PROVIDE UNINTERRUPTED ACCESS TO HIGH QUALITY INTERNET SERVICE,
INCLUDING BUT NOT LIMITED TO PROVIDING A WIRELESS NETWORK FOR PERSONAL
DEVICES, TO ALL RESIDENTS OF THE FACILITY RECEIVING SERVICES. SUCH
CERTIFIED RESIDENTIAL FACILITY SHALL NOT IMPOSE ANY FEE RELATED TO SUCH
INTERNET ACCESS, THE WIRELESS CONNECTIVITY, OR THE USE OF ANY DEVICE TO
RECEIVE OR PROVIDE INTERNET ACCESS. FOR THE PURPOSES OF THIS SECTION,
THE TERM "HIGH QUALITY INTERNET SERVICE" MEANS AN INTERNET SERVICE OF
THE CURRENT INDUSTRY STANDARD OR AT LEAST ONE HUNDRED MEGABITS PER
SECOND DOWNLOAD SPEED AND AT LEAST TEN MEGABITS PER SECOND UPLOAD SPEED,
WHICHEVER IS HIGHER, OR WHERE SUCH SPEEDS ARE NOT AVAILABLE, THE COMMER-
CIALLY AVAILABLE INTERNET SERVICE PLAN WITH THE MAXIMUM DOWNLOAD AND
UPLOAD SPEEDS. THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY IN
GEOGRAPHIC REGIONS IN WHICH THERE IS LIMITED OR NO ACCESS TO HIGH QUALI-
TY INTERNET SERVICE, UPON APPROVAL BY THE COMMISSIONER OR THEIR DELEGEE,
NOR SHALL THE REQUIREMENTS OF THIS SUBDIVISION APPLY IN CASES WHERE A
RESIDENT'S TREATMENT TEAM HAS DETERMINED THAT SUCH INTERNET ACCESS WOULD
NOT BE CLINICALLY APPROPRIATE FOR THAT RESIDENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08586-04-1
A. 7836 2
(B) THE OPERATOR OF A RESIDENTIAL FACILITY FOR THE CARE AND TREATMENT
OF PERSONS WITH DEVELOPMENTAL DISABILITIES, INCLUDING BUT NOT LIMITED TO
FAMILY CARE HOMES, SHALL TAKE ALL PRACTICABLE AND REASONABLE STEPS TO
PROTECT THE PRIVACY AND SAFETY OF THE RESIDENTS WITHOUT IMPEDING OR
INTERRUPTING THEIR ACCESS TO INTERNET SERVICE PROVIDED PURSUANT TO THIS
SECTION. ANY USE OF PERSONAL INFORMATION SHALL BE LIMITED TO USE OF
ONLY SUCH PERSONALLY IDENTIFIABLE INFORMATION AS SHALL BE NECESSARY TO
SATISFY THE REQUIREMENTS OF THIS SECTION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.