Assembly Bill A8486

                             
                     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.
              

                                                            LBD13551-02-2
 A. 8486--A                          2
 
 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.

                             
                     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.
              

                                                            LBD13551-06-2
 A. 8486--B                          2
 
 adjournment of the hearing, on whether the adult placement identified by
 the office is appropriate to the needs of the person and is available or
 will  become  available  on  an  identified date certain. If the person,
 guardian  or other individual does not request a hearing within the time
 required, or if the hearing results in a determination that the proposed
 adult services or placement is appropriate to the needs  of  the  person
 and is available or will be available on an identified date certain, the
 office  shall  discontinue  care  funding  for  the  person as of a date
 certain. The written determination shall  be  the  final  administrative
 remedy  available  and shall be subject to review in accordance with the
 provisions of article seventy-eight of the civil practice law and rules.
   2. IF THE OFFICE MAKES AN OFFER OF PLACEMENT TO A PERSON PRIOR TO  THE
 EXPIRATION OF THE PERSON'S RIGHT TO A FREE AND APPROPRIATE PUBLIC EDUCA-
 TION  (FAPE), THE PERSON SHALL NOT BE REQUIRED TO TERMINATE THEIR EDUCA-
 TIONAL PROGRAM PREMATURELY.
   § 2. This act shall take effect immediately.