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Assembly Bill A8486B

2021-2022 Legislative Session

Relates to due process procedures for certain persons who will become eligible to receive transitional care or certain care at a future date

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2021-A8486 - Details

See Senate Version of this Bill:
S8355
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2023-2024: A5972, S3177
2025-2026: A7799, S3558

2021-A8486 - Summary

Relates to due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

2021-A8486 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8486
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 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 due process
   procedures for persons who will become  eligible  to  receive  transi-
   tional care or certain care at a future date

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.38 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (e-1) to read as follows:
   (E-1)  1.  THIS  SUBDIVISION  APPLIES TO PLANNING FOR PERSONS WHO WILL
 BECOME ELIGIBLE TO RECEIVE TRANSITIONAL CARE OR CARE PURSUANT TO  SUBDI-
 VISION (G) OF THIS SECTION AT A FUTURE DATE.
   2.  THE  OFFICE MAY SEEK TO IDENTIFY AN ADULT CARE FACILITY OR SERVICE
 LICENSED, CERTIFIED, OR APPROVED BY THE OFFICE WHERE SUCH A  PERSON  CAN
 RECEIVE  APPROPRIATE  CARE  AND WHERE SUCH CARE IS AVAILABLE TO COMMENCE
 BEFORE, ON, OR AFTER, THE DATE WHEN FUNDING  FOR  TRANSITIONAL  CARE  OR
 CARE  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS  SECTION  WILL  OTHERWISE
 COMMENCE.
   3. THE OFFICE SHALL NOTIFY IN WRITING THE PERSON OR GUARDIAN IF IT  IS
 OFFERING  A  NEW  PLACEMENT AT A FACILITY AND PROGRAM THAT IT HAS DETER-
 MINED TO BE APPROPRIATE. THE NOTICE SHALL EXPLICITLY AND  CLEARLY  STATE
 THAT:    (I)  THE  PERSON OR THE PERSON'S GUARDIAN HAS THE UNCONDITIONAL
 RIGHT NOT TO ACCEPT THE OFFER; (II) IF THE OFFER IS NOT RESPONDED TO, OR
 IS EXPRESSLY DECLINED, THEN FUNDING FOR TRANSITIONAL CARE OR CARE PURSU-
 ANT TO SUBDIVISION (G) OF THIS SECTION WILL COMMENCE AS IF NO OFFER  HAD
 BEEN  MADE;  AND  (III)  IF, AFTER THE COMMENCEMENT OF SUCH FUNDING, THE
 OFFICE PROPOSES A NEW PLACEMENT, THEN THE NOTICE, APPEAL, AND DUE  PROC-
 ESS  RIGHTS  OF THE PERSON THAT ARE SET FORTH IN SUBDIVISION (E) OF THIS
 SECTION SHALL APPLY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13551-01-1

co-Sponsors

2021-A8486A - Details

See Senate Version of this Bill:
S8355
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2023-2024: A5972, S3177
2025-2026: A7799, S3558

2021-A8486A - Summary

Relates to due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

2021-A8486A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8486--A
                                                         Cal. No. 297
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI, HEVESI, STIRPE, FAHY, McDONALD, CUSICK,
   THIELE,  ZEBROWSKI,  PAULIN,  WALSH  --  read once and referred to the
   Committee on People with Disabilities -- recommitted to the  Committee
   on People with Disabilities in accordance with Assembly Rule 3, sec. 2
   --  advanced  to  a third reading, passed by Assembly and delivered to
   the Senate, recalled from the Senate, vote reconsidered, bill amended,
   ordered reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  due  process
   procedures  for  certain  persons  who will become eligible to receive
   transitional care or certain care at a future date
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  13.38  of  the  mental hygiene law is amended by
 adding a new subdivision (e-1) to read as follows:
   (E-1) 1. THIS SUBDIVISION APPLIES TO PLANNING FOR PERSONS WHO CURRENT-
 LY ARE PLACED IN NEW YORK STATE EDUCATION  DEPARTMENT  APPROVED  OUT-OF-
 STATE  RESIDENTIAL SCHOOLS PURSUANT TO THE EDUCATION LAW AND THE FEDERAL
 INDIVIDUALS WITH DISABILITIES EDUCATION ACT WHO WILL BECOME ELIGIBLE  TO
 RECEIVE  TRANSITIONAL  CARE  OR CARE PURSUANT TO SUBDIVISION (G) OF THIS
 SECTION AT A FUTURE DATE.
   2. THE OFFICE MAY SEEK TO IDENTIFY AN ADULT CARE FACILITY  OR  SERVICE
 LICENSED,  CERTIFIED,  OR APPROVED BY THE OFFICE WHERE SUCH A PERSON CAN
 RECEIVE APPROPRIATE CARE AND WHERE SUCH CARE IS  AVAILABLE  TO  COMMENCE
 BEFORE,  ON,  OR  AFTER,  THE DATE WHEN FUNDING FOR TRANSITIONAL CARE OR
 CARE  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS  SECTION  WILL  OTHERWISE
 COMMENCE.
   3.  THE OFFICE SHALL NOTIFY IN WRITING THE PERSON OR GUARDIAN IF IT IS
 OFFERING A NEW PLACEMENT AT A FACILITY AND PROGRAM THAT  IT  HAS  DETER-
 MINED  TO  BE APPROPRIATE. THE NOTICE SHALL EXPLICITLY AND CLEARLY STATE
 THAT:  (I) THE PERSON OR THE PERSON'S  GUARDIAN  HAS  THE  UNCONDITIONAL
 RIGHT NOT TO ACCEPT THE OFFER; (II) IF THE OFFER IS NOT RESPONDED TO, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A8486B (ACTIVE) - Details

See Senate Version of this Bill:
S8355
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2023-2024: A5972, S3177
2025-2026: A7799, S3558

2021-A8486B (ACTIVE) - Summary

Relates to due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

2021-A8486B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8486--B
                                                         Cal. No. 297
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI, HEVESI, STIRPE, FAHY, McDONALD, CUSICK,
   THIELE,  ZEBROWSKI,  PAULIN,  WALSH  --  read once and referred to the
   Committee on People with Disabilities -- again amended on third  read-
   ing,  ordered  reprinted,  retaining  its  place on the order of third
   reading
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  due  process
   procedures  for  certain  persons  who will become eligible to receive
   transitional care or certain care at a future date
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 13.38 of the mental hygiene law,
 as  amended  by  chapter  106 of the laws of 2015, is amended to read as
 follows:
   (e) 1. Upon making a determination that  a  person  who  is  receiving
 transitional  care  or care pursuant to subdivision (g) of this section,
 OR WHO HAS RECEIVED AN OFFER FOR CARE FROM THE OFFICE PRIOR TO  BECOMING
 ELIGIBLE  TO  RECEIVE  TRANSITIONAL CARE OR CARE PURSUANT TO SUBDIVISION
 (G) OF THIS SECTION, can be appropriately  cared  for  in  an  available
 adult  care  facility  or service licensed, certified or approved by the
 office, and whose removal from a child care facility is not required  on
 an  expedited  basis,  the office shall notify in writing the person and
 the person's guardian, if one has been appointed, or another  individual
 who  has  been  involved in the care of the person and who may represent
 the person's interests, of the description of the  proposed  new  place-
 ment,  the availability of an administrative appeal to review the deter-
 mination and of the need to request such an  appeal  in  writing  within
 thirty  days  of the notice. If the person, guardian or other individual
 requests an administrative appeal within the time required,  the  office
 shall  schedule  a hearing providing no less than ten days notice to the
 objecting party and the commissioner or his or her designee shall  issue
 a written determination to the objecting party within thirty days of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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