S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7690
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 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 including certain
   data in the statewide comprehensive plan for persons with mental disa-
   bilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs 3 and 4 of subdivision (b) of  section  5.07  of
 the mental hygiene law, paragraph 3 as amended by section 3 of part N of
 chapter 56 of the laws of 2012, paragraph 4 as amended by chapter 723 of
 the  laws  of  1993,  and  subparagraph (v) of paragraph 4 as amended by
 chapter 170 of the laws of 1994, are amended to read as follows:
   (3) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES SHALL ALSO INCLUDE, TO THE EXTENT  PRACTICABLE,  THE  FOLLOWING
 DATA IN THE PORTION OF THE STATEWIDE COMPREHENSIVE PLAN REQUIRED BY THIS
 SECTION FOR SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES:
   (A)  THE  NUMBER OF INDIVIDUALS AND AVERAGE MEDICAID ELIGIBLE EXPENDI-
 TURE LEVEL PER SERVICE RECIPIENT, CATEGORIZED BY THE FOLLOWING:
   (I) FROM BIRTH TO TWENTY YEARS OF AGE;
   (II) FROM TWENTY-ONE YEARS OF AGE TO SIXTY-FOUR YEARS  OF  AGE  INCLU-
 SIVE; AND
   (III) SIXTY-FIVE YEARS OF AGE AND OLDER;
   (B) RACE OR ETHNICITY OF THE SERVICE RECIPIENT, BY AGE RANGE;
   (C) PRIMARY LANGUAGE SPOKEN BY THE SERVICE RECIPIENT AND OTHER RELATED
 DETAILS, AS FEASIBLE; AND
   (D)  RESIDENCE  TYPE,  SUBCATEGORIZED  BY  AGE, RACE OR ETHNICITY, AND
 PRIMARY LANGUAGE.
   (4) 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

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

                                                            LBD10955-02-1

 A. 7690                             2
 
 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.
 Statewide  plans shall ensure responsiveness to changing needs and goals
 and shall reflect the development of new information and the  completion
 of  program  evaluations. 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
   (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.
   [(4)] (5) The commissioner of mental health in consultation  with  the
 department  of  civil  service, the office of employee relations and any
 other appropriate state agency, shall prepare for the governor  and  the
 legislature  a  written  evaluation report concerning the retraining and
 continuation of employment of persons whose employment in a  state-oper-
 ated  hospital  listed in section 7.17 of this chapter may be terminated
 because of planned  closure  or  consolidation  of  such  state-operated
 hospital. Such report shall include, but not be limited to:
   (i)  specific  proposals  to  help  implement  transitional employment
 arrangements with state, local governmental units  and  voluntary  agen-
 cies;
   (ii)  specific proposals to help provide for the development of appro-
 priate retraining programs;
   (iii) specific proposals to help provide for continuity of  employment
 and utilization of alternatives to layoffs;
   (iv)  specific  proposals to help provide for the active participation
 of the legal bargaining representatives of the employees of the  office,
 where  appropriate, in the planning for and implementation of mechanisms
 to help ensure continuity of employment;
   (v) specific proposals to  help  ensure  that  the  planning  for  the
 closure  or consolidation of state-operated hospitals is consistent with
 the planning for  the  continuity  of  employment  of  state  employees,
 including  procedures  to  ensure  timely  notification  of  represented
 employees and their designated legal representatives and managerial  and
 confidential  employees  regarding  planned  program  closure or consol-
 idation of state-operated hospitals; and
   (vi) specific proposals regarding the establishment  of  demonstration
 projects incorporating staff training, transfers and assignment of staff
 of  state-operated  hospitals to the offices in local governmental units

 A. 7690                             3
 
 and in voluntary agencies. Such proposals shall take into  consideration
 those  areas  of the state that are determined to be most in need of the
 development of appropriate systems of service delivery to best meet  the
 appropriate  needs  of  persons  with  serious mental illness, including
 children and adolescents with serious emotional disturbances.
   On or before December first, nineteen hundred ninety-four  a  copy  of
 such report, and such recommendations as may be deemed appropriate shall
 be submitted to the governor, the temporary president of the senate, the
 speaker  of  the  assembly,  and the respective minority leaders of each
 such house.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.