NY State Senate Bill S6195B

Archive: Last Bill Status Via A7443 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 26, 2022	signed chap.477 delivered to governor
May 18, 2022	returned to assembly repassed senate 3rd reading cal.837 substituted for s6195b
May 18, 2022	substituted by a7443c
May 03, 2022	amended on third reading 6195b
May 02, 2022	advanced to third reading amended (t) 6195a
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.837
Jan 05, 2022	referred to social services returned to senate died in assembly
May 24, 2021	referred to social services delivered to assembly passed senate
May 03, 2021	advanced to third reading
Apr 28, 2021	2nd report cal.
Apr 27, 2021	1st report cal.808
Apr 14, 2021	referred to social services

Votes

view votes

May 18, 2022 - floor Vote

A7443C

floor

Aye

Nay

Absent

Excused

Abstained

Apr 26, 2022 - Social Services committee Vote

S6195

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 24, 2021 - floor Vote

S6195

floor

Aye

Nay

Absent

Excused

Abstained

Apr 27, 2021 - Social Services committee Vote

S6195

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S6195 - Details

See Assembly Version of this Bill:: A7443
Law Section:: Social Services Law
Laws Affected:: Amd Soc Serv L, generally

S6195 - Summary

Replaces certain instances of the term "mentally retarded" with the term "individuals with developmental disabilities".

S6195 - Sponsor Memo

 
BILL NUMBER: S6195             Revised 5/21/2021

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the social services law, in relation to replacing
certain instances of the term "mentally retarded" with the term "indi-
viduals with intellectual or developmental disabilities"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill modernizes various sections of the Social Services Law to
eliminate derogatory language referring to people living with intellec-
tual or developmental disabilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (c) of subdivision 5 of section 62 of the
social services law, as amended by chapter 344 of the laws of 1973, is
amended to replace "mentally ill" with "person with mental illness; to
replace "mentally retarded" with "an intellectual or developmental disa-
bility"; and to replace "epileptic" with "epilepsy".

Section 2 subdivision 1 of section 131-o of the social services law, as
amended by section 45 of part C of chapter 58 of the laws of 2005, is
amended to refer to "individuals with intellectual or developmental
disabilities" rather than "the mentally retarded".

Section 3 amends section 199 of the social services law, as amended by
chapter 195 of the laws of 1973, to refer to "an individual with an
intellectual or developmental disability or epilepsy" rather than some-
one who is "mentally retarded or epileptic" .

Section 4 amends paragraph (e) of subdivision 3 of section 209 of the
social services law, as amended by chapter 672 of the laws of 2019 to
update the definition of "receiving enhanced residential care" by aptly
referring to consumers as "individuals with developmental disabilities"
rather than "the mentally retarded and developmentally disabled".

Section 5 amends Subdivision 1 of section 210 of the social services
law, as amended by chapter 515 of the laws of 2006 to replace 14
instances of "the mentally retarded" with "individuals with intellectual
or developmental disabilities".

Section 6 amends Paragraph (c) of subdivision 2 and paragraph (a) of
subdivision 4 of section 365 of the social services law, paragraph (c)
of subdivision 2 as amended by chapter 516 of the laws of 1973 and para-
graph (a) of subdivision 4 as amended by chapter 170 of the laws of 1994
to replace 2 instances of "the mentally retarded" with "individuals with
intellectual or developmental disabilities".

Section 7 amends clause (iii) of subparagraph 2 of paragraph (e) of
subdivision 1, clauses (vii), (viii) and (ix) of subparagraph 1 of para-
graph (d) and clauses (vii), (viii) and (ix) of subparagraph 1 of para-
graph (e) of subdivision 5 of section 366 of the social services law,
clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1 as
added by section 1 of part D of chapter 56 of the laws of 2013, clauses
(vii), (viii) and (ix) of subparagraph 1 of paragraph (d) of subdivision
5 as added by 1 chapter 170 of the laws of 1994, clause (vii) of subpar-
agraph 1 of paragraph (e) of subdivision 5 as amended by section 51 of
part C of chapter 58 of the laws of 2008 and clauses (viii) and (ix) of
subparagraph 1 of paragraph (e) of subdivision 5 as added by section
26-a of part C of chapter 109 of the laws of 2006, to replace seven (7)
instances of "the mentally retarded" with "individuals with intellectual
or developmental disabilities".

Section 8 amends the opening paragraph of subparagraph (ii) of paragraph
(a) of subdivision 2 of section 369 of the social services law, as
amended by section 62 of part C of chapter 60 of the laws of 2014, to
replace "the mentally retarded" with "individuals with intellectual or
developmental disabilities".

Section 9 amends paragraph (f) of subdivision 2 of section 473-e of the
social services law, as added by chapter 395 of the laws of 1995 to
replace "the mentally retarded" with "individuals with intellectual or
developmental disabilities".

Section 10 sets forth an immediate effective date.

 
JUSTIFICATION:

In 2011, less than one year following the enactment of Rosa's Law (Pub.
L. 111-256), New York State took decisive action (Chapter 168, Laws of
2010) to designate the Office for People with Developmental Disabilities
(OPWDD) and move away from derogatory references to New Yorkers living
with disabilities. Several state laws enacted since 2011 have included
conforming changes in various sections of law, but references to "mental
retardation" and "mentally retarded" and "the mentally retarded" contin-
ue to appear in the very laws that establish benefits and services for
New Yorkers living with disabilities.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:
Immediately.

S6195 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6195
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2021
                                ___________
 
 Introduced  by Sens. PERSAUD, MANNION -- read twice and ordered printed,
   and when printed to be committed to the Committee on Social Services
 
 AN ACT to amend the  social  services  law,  in  relation  to  replacing
   certain instances of the term "mentally retarded" with the term "indi-
   viduals with intellectual or developmental disabilities"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 5 of section 62 of the  social
 services  law, as amended by chapter 344 of the laws of 1973, is amended
 to read as follows:
   (c) When a [mentally ill] PERSON  WITH  A  MENTAL  ILLNESS,  [mentally
 retarded]  AN  INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITY or [epileptic
 person] EPILEPSY is in need of public assistance or care while on conva-
 lescent status or community status from a state hospital or  institution
 under  the  provisions  of  section 29.15 of the mental hygiene law, the
 public welfare district, town or city from which he was admitted to such
 hospital or institution shall be responsible for  providing  and  paying
 for  such  assistance  or care as in the case of other persons requiring
 public assistance  and  care,  except  that  such  responsibility  shall
 continue  during  any  period  such  person is on convalescent status or
 community status outside the territory of such public welfare  district,
 town  or  city  and  shall  continue  thereafter  in accordance with the
 provisions of this paragraph and paragraph (b) of  this  subdivision  if
 such  person  was receiving or should have been receiving public assist-
 ance or care from such public welfare district, town or city outside its
 territory at the time he was discharged from such convalescent status or
 community status.
   § 2. The opening paragraph of subdivision 1 of section  131-o  of  the
 social services law, as amended by section 45 of part C of chapter 58 of
 the laws of 2005, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10591-02-1

 S. 6195                             2
 
   Each  individual  receiving family care, residential care or care in a
 school for [the mentally  retarded]  INDIVIDUALS  WITH  INTELLECTUAL  OR
 DEVELOPMENTAL  DISABILITIES, or enhanced residential care as those terms
 are defined in section two hundred nine of  this  chapter,  and  who  is
 receiving benefits under the program of additional state payments pursu-
 ant  to  this  chapter while receiving such care, shall be entitled to a
 monthly personal allowance out of such benefits in the following amount:
   § 3. Section 199 of the social services law, as amended by chapter 195
 of the laws of 1973, is amended to read as follows:
   § 199. Power of commissioner  of  public  welfare  to  detain  certain
 inmates.  The  commissioner of public welfare shall have power to detain
 in the public home, pending a vacancy for such person in a state  insti-
 tution,  a  person  over  the  age  of sixteen who has been certified as
 [mentally retarded] AN INDIVIDUAL WITH AN INTELLECTUAL OR  DEVELOPMENTAL
 DISABILITY  or [epileptic] EPILEPSY in accordance with the provisions of
 the mental hygiene law and for whom an application for  admission  to  a
 state  institution  has  been  made.  Whenever the commissioner shall so
 detain an inmate in the public home he shall at once  notify  the  state
 department of mental hygiene.
   §  4.  Paragraph  (e)  of  subdivision  3 of section 209 of the social
 services law, as amended by chapter 672 of the laws of 2019, is  amended
 to read as follows:
   (e)  "Receiving  enhanced  residential  care" shall mean residing in a
 privately operated school for [the mentally retarded and developmentally
 disabled] INDIVIDUALS WITH INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITIES
 which is certified by the office for people with developmental disabili-
 ties  of the department of mental hygiene, in accordance with applicable
 provisions of law and regulations or an adult home, or enriched  housing
 program  certified by the department of health in accordance with appli-
 cable law, rules and regulations to the extent permitted by federal  law
 and regulations.
   §  5.  Subdivision  1  of  section  210 of the social services law, as
 amended by chapter 515 of the laws  of  2006,  is  amended  to  read  as
 follows:
   1. Any inconsistent provisions of this title or any other law notwith-
 standing, but subject to the provisions of subdivisions two and three of
 this  section,  an  individual who is deemed to have met the eligibility
 criteria for additional state payments  pursuant  to  paragraph  (c)  of
 subdivision  one  of  section  two  hundred nine of this title, shall be
 entitled to receive for each  month  after  December,  nineteen  hundred
 seventy-three an additional state payment in an amount which, when added
 to  the supplemental security income benefit and other countable income,
 is equal to such individual's December, nineteen  hundred  seventy-three
 cash  grant  of  assistance under the state's program of old age assist-
 ance, assistance to the blind, aid  to  the  disabled  or  the  combined
 program  of  aid  to  aged,  blind and disabled persons, plus income not
 excluded under such state program, plus an amount equal to the  January,
 nineteen hundred seventy-two bonus value of food stamps as determined in
 accordance with the regulations of the office of temporary and disabili-
 ty  assistance plus, for any month after June, nineteen hundred seventy-
 five, an amount reflecting the federal supplemental  security  increases
 resulting  from July first, nineteen hundred seventy-five cost of living
 increases in such benefits, plus for  any  month  after  June,  nineteen
 hundred  eighty-two, an amount equal to the July first, nineteen hundred
 eighty-two federal supplemental security income cost of  living  adjust-
 ment,  providing  such  individual  was  eligible to receive a mandatory

 S. 6195                             3
 
 state supplement for the month of December, nineteen hundred eighty-one,
 plus for any month after June, nineteen hundred eighty-three, an  amount
 equal to $17.70 for individuals, $26.55 for couples who are living alone
 or  living  with  others  and  $35.40 for couples receiving family care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, plus for any month
 after December, nineteen hundred eighty-three, an amount equal to  $9.70
 for  individuals, $15.60 for couples who are living alone or living with
 others and $19.40 for couples receiving family care, residential care or
 care in schools for [the mentally retarded] INDIVIDUALS WITH INTELLECTU-
 AL OR DEVELOPMENTAL DISABILITIES, plus for  any  month  after  December,
 nineteen hundred eighty-four, an amount equal to $11.00 for individuals,
 $16.00 for couples who are living alone or living with others and $22.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH  INTELLECTUAL  OR  DEVELOP-
 MENTAL DISABILITIES, plus for any month after December, nineteen hundred
 eighty-five,  an  amount  equal  to  $11.00  for individuals, $16.00 for
 couples who are living alone  or  living  with  others  and  $22.00  for
 couples  receiving  family care, residential care or care in schools for
 [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL  OR  DEVELOPMENTAL
 DISABILITIES, plus for any month after December, nineteen hundred eight-
 y-six  an  amount  equal to $4.00 for individuals, $6.00 for couples who
 are living alone or living with others and $8.00 for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus  for  any  month  after  December, nineteen hundred eighty-seven an
 amount equal to $14.00 for  individuals,  $22.00  for  couples  who  are
 living  alone  or  living  with  others and $28.00 for couples receiving
 family care, residential care or  care  in  schools  for  [the  mentally
 retarded]  INDIVIDUALS  WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  eighty-eight  an
 amount  equal  to  $14.00  for  individuals,  $21.00 for couples who are
 living alone or living with others  and  $28.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus for any other month after December, nineteen hundred eighty-nine an
 amount  equal  to  $18.00  for  individuals,  $27.00 for couples who are
 living alone or living with others  and  $36.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus  for  any  month  after December, nineteen hundred ninety an amount
 equal to $21.00 for individuals, $31.00 for couples who are living alone
 or living with others and $42.00  for  couples  receiving  family  care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, plus for any month
 after  December,  nineteen  hundred ninety-one an amount equal to $15.00
 for individuals, $23.00 for couples who are living alone or living  with
 others and $30.00 for couples receiving family care, residential care or
 care in schools for [the mentally retarded] INDIVIDUALS WITH INTELLECTU-
 AL  OR  DEVELOPMENTAL  DISABILITIES,  plus for any month after December,
 nineteen hundred ninety-two, an amount equal to $12.00 for  individuals,
 $19.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH  INTELLECTUAL  OR  DEVELOP-
 MENTAL DISABILITIES, plus for any month after December, nineteen hundred
 ninety-three  an  amount  equal  to  $12.00  for individuals, $17.00 for

 S. 6195                             4
 
 couples who are living alone  or  living  with  others  and  $24.00  for
 couples  receiving  family care, residential care or care in schools for
 [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL  OR  DEVELOPMENTAL
 DISABILITIES,  plus for any month after December, nineteen hundred nine-
 ty-four an amount equal to $12.00 for individuals,  $18.00  for  couples
 who  are  living  alone  or  living  with  others and $24.00 for couples
 receiving family care, residential care or  care  in  schools  for  [the
 mentally  retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISA-
 BILITIES, plus for any month after December,  nineteen  hundred  ninety-
 five  an  amount equal to $12.00 for individuals, $18.00 for couples who
 are living alone or living with others and $24.00 for couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 plus  for  any  month  after  December,  nineteen hundred ninety-six, an
 amount equal to $14.00 for individuals and $21.00 for couples  plus  for
 any  month after December, nineteen hundred ninety-seven an amount equal
 to $10.00 for individuals and $15.00 for  couples  plus  for  any  month
 after  December,  nineteen hundred ninety-eight an amount equal to $6.00
 for individuals and $11.00 for couples plus for any month  after  Decem-
 ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ-
 uals and $18.00 for couples plus for any month after December, two thou-
 sand  an  amount  equal to $18.00 for individuals and $27.00 for couples
 plus for any month after December, two thousand one an amount  equal  to
 $15.00  for  individuals and $21.00 for couples plus for any month after
 December, two thousand two an amount equal to $7.00 for individuals  and
 $12.00 for couples plus for any month after December, two thousand three
 an  amount  equal  to $12.00 for individuals and $17.00 for couples plus
 for any month after December, two  thousand  four  an  amount  equal  to
 $15.00  for  individuals and $23.00 for couples plus for any month after
 December, two thousand five an amount equal to  $24.00  for  individuals
 and  $35.00  for couples plus for any month after December, two thousand
 six an amount equal to the amount of any increases  in  federal  supple-
 mental  security  income benefits for individuals or couples pursuant to
 section 1617 of the Social Security Act (42 USC §  1382f)  which  become
 effective on or after January first, two thousand seven.
   § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4
 of  section 365 of the social services law, paragraph (c) of subdivision
 2 as amended by chapter 516 of the laws of 1973  and  paragraph  (a)  of
 subdivision 4 as amended by chapter 170 of the laws of 1994, are amended
 to read as follows:
   (c) who are patients in that part of a public institution operated for
 the  care  of  [the  mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR
 DEVELOPMENTAL DISABILITIES that has been approved pursuant to law  as  a
 hospital or nursing home;
   (a) who are patients in that part of a public institution operated for
 the  care  of  [the  mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR
 DEVELOPMENTAL DISABILITIES that has been approved pursuant to law as  an
 intermediate  care  facility or who are participating in a program oper-
 ated by the department of mental hygiene or by a voluntary agency  under
 an  agreement with such department, in that part of such a facility that
 has been approved as a day treatment  program  in  accordance  with  the
 regulations of the state commissioner of mental hygiene;
   § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1,
 clauses  (vii),  (viii)  and (ix) of subparagraph 1 of paragraph (d) and
 clauses (vii), (viii) and (ix) of subparagraph 1  of  paragraph  (e)  of
 subdivision 5 of section 366 of the social services law, clause (iii) of

 S. 6195                             5
 
 subparagraph  2  of paragraph (e) of subdivision 1 as added by section 1
 of part D of chapter 56 of the laws of 2013, clauses (vii),  (viii)  and
 (ix)  of  subparagraph  1  of paragraph (d) of subdivision 5 as added by
 chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para-
 graph (e) of subdivision 5 as amended by section 51 of part C of chapter
 58  of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1 of
 paragraph (e) of subdivision 5 as added by section 26-a  of  part  C  of
 chapter 109 of the laws of 2006, are amended to read as follows:
   (iii)  a  patient  in  a public institution operated primarily for the
 care of [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVEL-
 OPMENTAL DISABILITIES who is receiving medical care or treatment in that
 part  of  such  institution  that has been approved pursuant to law as a
 hospital or nursing home;
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOP-
 MENTAL  DISABILITIES,  or who is an in-patient in a medical facility and
 is receiving a level of care provided in a nursing facility, or  who  is
 receiving care, services or supplies pursuant to a waiver granted pursu-
 ant  to  subsection  (c)  of section 1915 of the federal social security
 act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES" means a facili-
 ty  certified  under article sixteen of the mental hygiene law and which
 has a valid agreement with the  department  for  providing  intermediate
 care facility services and receiving payment therefor under title XIX of
 the federal social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care  facility for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL
 OR DEVELOPMENTAL DISABILITIES.
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOP-
 MENTAL  DISABILITIES,  or who is an in-patient in a medical facility and
 is receiving a level of care provided in a nursing facility, or  who  is
 described  in section 1902(a)(10)(A)(ii)(VI) of the federal social secu-
 rity act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES" means a facili-
 ty  certified  under article sixteen of the mental hygiene law and which
 has a valid agreement with the  department  for  providing  intermediate
 care facility services and receiving payment therefor under title XIX of
 the federal social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care  facility for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL
 OR DEVELOPMENTAL DISABILITIES.
   § 8. The opening paragraph of subparagraph (ii) of  paragraph  (a)  of
 subdivision  2  of section 369 of the social services law, as amended by
 section 62 of part C of chapter 60 of the laws of 2014,  is  amended  to
 read as follows:
   with respect to the real property of an individual who is an inpatient
 in  a  nursing  facility,  intermediate  care facility for [the mentally
 retarded] INDIVIDUALS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILITIES,
 or  other  medical  institution,  who  is  not reasonably expected to be

 S. 6195                             6
 
 discharged from the medical institution and to return home, and  who  is
 required, as a condition of receiving services in such institution under
 the  state  plan  for  medical assistance, to spend for costs of medical
 care all but a minimal amount of his or her income required for personal
 needs;  provided, however, any such lien will dissolve upon the individ-
 ual's discharge from the medical institution and return home;  in  addi-
 tion, no such lien may be imposed on the individual's home if one of the
 following persons is lawfully residing in the home:
   §  9.  Paragraph  (f)  of subdivision 2 of section 473-e of the social
 services law, as added by chapter 395 of the laws of 1995, is amended to
 read as follows:
   (f) a person named as  a  court-appointed  evaluator  or  guardian  in
 accordance  with  article  eighty-one  of  the  mental hygiene law, or a
 person named as a guardian for [the mentally retarded] INDIVIDUALS  WITH
 INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITIES in accordance with article
 seventeen-A of the surrogate's court procedure act; or
   § 10. This act shall take effect immediately.

Co-Sponsors

S6195A - Details

See Assembly Version of this Bill:: A7443
Law Section:: Social Services Law
Laws Affected:: Amd Soc Serv L, generally

S6195A - Summary

Replaces certain instances of the term "mentally retarded" with the term "individuals with developmental disabilities".

S6195A - Sponsor Memo

 
BILL NUMBER: S6195A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the social services law, in relation to replacing
certain instances of the term "mentally retarded" with the term "indi-
viduals with developmental disabilities"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill modernizes various sections of the Social Services Law to
eliminate derogatory language referring to people living with intellec-
tual or developmental disabilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (c) of subdivision 5 of section 62 of the
social services law, as amended by chapter 344 of the laws of 1973, is
amended to replace "mentally ill" with "person with mental illness; to
replace "mentally retarded" with "developmental disability"; and to
remove "epileptic".

Section 2 subdivision 1 of section 131-o of the social services law, as
amended by section 45 of part C of chapter 58 of the laws of 2005, is
amended to refer to "individuals with developmental disabilities" rather
than "the mentally retarded".

Section 3 amends section 199 of the social services law, as amended by
chapter 195 of the laws of 1973, to refer to "an individual with a
developmental disability" rather than someone who is "mentally retarded
or epileptic".

Section 4 amends paragraph (e) of subdivision 3 of section 209 of the
social services law, as amended by chapter 672 of the laws of 2019 to
update the definition of "receiving enhanced residential care" by aptly
referring to consumers as "individuals with developmental disabilities"
rather than "the mentally retarded and developmentally disabled".

Section 5 amends Subdivision 1 of section 210 of the social services
law, as amended by chapter 515 of the laws of 2006 to replace 14
instances of "the mentally retarded" with "individuals with develop-
mental disabilities".

Section 6 amends Paragraph (c) of subdivision 2 and paragraph (a) of
subdivision 4 of section 365 of the social services law, paragraph (c)
of subdivision 2 as amended by chapter 516 of the laws of 1973 and para-
graph (a) of subdivision 4 as amended by chapter 170 of the laws of 1994
to replace 2 instances of "the mentally retarded" with "individuals with
developmental disabilities".

Section 7 amends clause (iii) of subparagraph 2 of paragraph (e) of
subdivision 1, clauses (vii), (viii) and (ix) of subparagraph 1 of para-
graph (d) and clauses (vii), (viii) and (ix) of subparagraph 1 of para-
graph (e) of subdivision 5 of section 366 of the social services law,
clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1 as
added by section 1 of part D of chapter 56 of the laws of 2013, clauses
(vii), (viii) and (ix) of subparagraph 1 of paragraph (d) of subdivision
5 as added by 1 chapter 170 of the laws of 1994, clause (vii) of subpar-
agraph 1 of paragraph (e) of subdivision 5 as amended by section 51 of
part C of chapter 58 of the laws of 2008 and clauses (viii) and (ix) of
subparagraph 1 of paragraph (e) of subdivision 5 as added by section
26-a of part C of chapter 109 of the laws of 2006, to replace seven (7)
instances of "the mentally retarded" with "individuals with develop-
mental disabilities".

Section 8 amends the opening paragraph of subparagraph (ii) of paragraph
(a) of subdivision 2 of section 369 of the social services law, as
amended by section 62 of part C of chapter 60 of the laws of 2014, to
replace "the mentally retarded" with "individuals with developmental
disabilities".

Section 9 amends paragraph (0 of subdivision 2 of section 473-e of the
social services law, as added by chapter 395 of the laws of 1995 to
replace "the mentally retarded" with "individuals with developmental
disabilities".

Section 10 amends section 2 of the Social Services Law by adding subdi-
visions 39 and 40 referencing definitions of "mental illness" and
"developmental disability", respectively, in section 1.03 of the Mental
Hygiene Law

Section 11 sets forth an immediate effective date.

 
JUSTIFICATION:

In 2011, less than one year following the enactment of Rosa's Law (Pub.
L. 111-256), New York State took decisive action (Chapter 168, Laws of
2010) to designate the Office for People with Developmental Disabilities
(OPWDD) and move away from derogatory references to New Yorkers living
with disabilities. Several state laws enacted since 2011 have included
conforming changes in various sections of law, but references to "mental
retardation" and "mentally retarded" and "the mentally retarded" contin-
ue to appear in the very laws that establish benefits and services for
New Yorkers living with disabilities.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:
Immediately.

S6195A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6195--A
     Cal. No. 837
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2021
                                ___________
 
 Introduced by Sens. PERSAUD, MANNION, GAUGHRAN, O'MARA -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Social Services -- recommitted to the Committee on Social Services  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first  and  second  report,  amended  on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading
 
 AN ACT to amend the  social  services  law,  in  relation  to  replacing
   certain instances of the term "mentally retarded" with the term "indi-
   viduals with developmental disabilities"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 5 of section 62 of the  social
 services  law, as amended by chapter 344 of the laws of 1973, is amended
 to read as follows:
   (c) When a [mentally  ill,  mentally  retarded  or  epileptic  person]
 PERSON  WITH  A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY is in need of
 public assistance or care while  on  convalescent  status  or  community
 status  from  a  state  hospital  or institution under the provisions of
 section 29.15 of the mental hygiene law, the  public  welfare  district,
 town  or city from which he was admitted to such hospital or institution
 shall be responsible for providing and paying  for  such  assistance  or
 care  as  in  the  case of other persons requiring public assistance and
 care, except that such responsibility shall continue during  any  period
 such  person  is  on convalescent status or community status outside the
 territory of such public  welfare  district,  town  or  city  and  shall
 continue  thereafter in accordance with the provisions of this paragraph
 and paragraph (b) OF THIS SUBDIVISION if such person  was  receiving  or
 should  have  been  receiving public assistance or care from such public
 welfare district, town or city outside its territory at the time he  was
 discharged from such convalescent status or community status.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10591-04-2
 S. 6195--A                          2
 
   §  2.  The  opening paragraph of subdivision 1 of section 131-o of the
 social services law, as amended by section 45 of part C of chapter 58 of
 the laws of 2005, is amended to read as follows:
   Each  individual  receiving family care, residential care or care in a
 school for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL  DISA-
 BILITIES,  or  enhanced  residential  care as those terms are defined in
 section two hundred nine of this chapter, and who is receiving  benefits
 under  the program of additional state payments pursuant to this chapter
 while receiving such care, shall  be  entitled  to  a  monthly  personal
 allowance out of such benefits in the following amount:
   § 3. Section 199 of the social services law, as amended by chapter 322
 of the laws of 2021, is amended to read as follows:
   §  199.  Power  of  commissioner  of  public welfare to detain certain
 incarcerated individuals. The commissioner of public welfare shall  have
 power to detain in the public home, pending a vacancy for such person in
 a  state  institution,  a  person  over  the age of sixteen who has been
 certified as [mentally retarded  or  epileptic]  AN  INDIVIDUAL  WITH  A
 DEVELOPMENTAL DISABILITY in accordance with the provisions of the mental
 hygiene  law and for whom an application for admission to a state insti-
 tution has been made. Whenever  the  commissioner  shall  so  detain  an
 incarcerated individual in the public home he or she shall at once noti-
 fy the state department of mental hygiene.
   §  4.  Paragraph  (e)  of  subdivision  3 of section 209 of the social
 services law, as amended by chapter 672 of the laws of 2019, is  amended
 to read as follows:
   (e)  "Receiving  enhanced  residential  care" shall mean residing in a
 privately operated school for [the mentally retarded and developmentally
 disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES which is certified
 by the office for people with developmental disabilities of the  depart-
 ment  of mental hygiene, in accordance with applicable provisions of law
 and regulations or an adult home, or enriched housing program  certified
 by the department of health in accordance with applicable law, rules and
 regulations to the extent permitted by federal law and regulations.
   §  5.  Subdivision  1  of  section  210 of the social services law, as
 amended by chapter 515 of the laws  of  2006,  is  amended  to  read  as
 follows:
   1. Any inconsistent provisions of this title or any other law notwith-
 standing, but subject to the provisions of subdivisions two and three of
 this  section,  an  individual who is deemed to have met the eligibility
 criteria for additional state payments  pursuant  to  paragraph  (c)  of
 subdivision  one  of  section  two  hundred nine of this title, shall be
 entitled to receive for each  month  after  December,  nineteen  hundred
 seventy-three an additional state payment in an amount which, when added
 to  the supplemental security income benefit and other countable income,
 is equal to such individual's December, nineteen  hundred  seventy-three
 cash  grant  of  assistance under the state's program of old age assist-
 ance, assistance to the blind, aid  to  the  disabled  or  the  combined
 program  of  aid  to  aged,  blind and disabled persons, plus income not
 excluded under such state program, plus an amount equal to the  January,
 nineteen hundred seventy-two bonus value of food stamps as determined in
 accordance with the regulations of the office of temporary and disabili-
 ty  assistance plus, for any month after June, nineteen hundred seventy-
 five, an amount reflecting the federal supplemental  security  increases
 resulting  from July first, nineteen hundred seventy-five cost of living
 increases in such benefits, plus for  any  month  after  June,  nineteen
 hundred  eighty-two, an amount equal to the July first, nineteen hundred
 S. 6195--A                          3
 
 eighty-two federal supplemental security income cost of  living  adjust-
 ment,  providing  such  individual  was  eligible to receive a mandatory
 state supplement for the month of December, nineteen hundred eighty-one,
 plus  for any month after June, nineteen hundred eighty-three, an amount
 equal to $17.70 for individuals, $26.55 for couples who are living alone
 or living with others and $35.40  for  couples  receiving  family  care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH DEVELOPMENTAL DISABILITIES, plus for any month after December,
 nineteen hundred eighty-three, an amount equal to $9.70 for individuals,
 $15.60 for couples who are living alone or living with others and $19.40
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  eighty-four,  an
 amount  equal  to  $11.00  for  individuals,  $16.00 for couples who are
 living alone or living with others  and  $22.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December, nineteen hundred eighty-five, an amount equal to
 $11.00 for individuals, $16.00 for  couples  who  are  living  alone  or
 living  with  others and $22.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred eighty-six an amount equal to  $4.00  for  individuals,
 $6.00  for  couples who are living alone or living with others and $8.00
 for couples receiving family care, residential care or care  in  schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus  for  any  month  after  December, nineteen hundred eighty-seven an
 amount equal to $14.00 for  individuals,  $22.00  for  couples  who  are
 living  alone  or  living  with  others and $28.00 for couples receiving
 family care, residential care or  care  in  schools  for  [the  mentally
 retarded]  INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES,  plus for any
 month after December, nineteen hundred eighty-eight an amount  equal  to
 $14.00  for  individuals,  $21.00  for  couples  who are living alone or
 living with others and $28.00 for couples receiving family  care,  resi-
 dential  care or care in schools for [the mentally retarded] INDIVIDUALS
 WITH D DEVELOPMENTAL DISABILITIES, plus for any other month after Decem-
 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
 uals, $27.00 for couples who are living alone or living with others  and
 $36.00  for  couples  receiving family care, residential care or care in
 schools for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES, plus for any month after December, nineteen hundred ninety  an
 amount  equal  to  $21.00  for  individuals,  $31.00 for couples who are
 living alone or living with others  and  $42.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December,  nineteen  hundred ninety-one an amount equal to
 $15.00 for individuals, $23.00 for  couples  who  are  living  alone  or
 living  with  others and $30.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred ninety-two, an amount equal to $12.00 for  individuals,
 $19.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  ninety-three  an
 amount  equal  to  $12.00  for  individuals,  $17.00 for couples who are
 S. 6195--A                          4
 
 living alone or living with others  and  $24.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December,  nineteen hundred ninety-four an amount equal to
 $12.00 for individuals, $18.00 for  couples  who  are  living  alone  or
 living  with  others and $24.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred ninety-five an amount equal to $12.00 for  individuals,
 $18.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month  after  December,  nineteen  hundred  ninety-six,  an
 amount  equal  to $14.00 for individuals and $21.00 for couples plus for
 any month after December, nineteen hundred ninety-seven an amount  equal
 to  $10.00  for  individuals  and  $15.00 for couples plus for any month
 after December, nineteen hundred ninety-eight an amount equal  to  $6.00
 for  individuals  and $11.00 for couples plus for any month after Decem-
 ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ-
 uals and $18.00 for couples plus for any month after December, two thou-
 sand an amount equal to $18.00 for individuals and  $27.00  for  couples
 plus  for  any month after December, two thousand one an amount equal to
 $15.00 for individuals and $21.00 for couples plus for any  month  after
 December,  two thousand two an amount equal to $7.00 for individuals and
 $12.00 for couples plus for any month after December, two thousand three
 an amount equal to $12.00 for individuals and $17.00  for  couples  plus
 for  any  month  after  December,  two  thousand four an amount equal to
 $15.00 for individuals and $23.00 for couples plus for any  month  after
 December,  two  thousand  five an amount equal to $24.00 for individuals
 and $35.00 for couples plus for any month after December,  two  thousand
 six  an  amount  equal to the amount of any increases in federal supple-
 mental security income benefits for individuals or couples  pursuant  to
 section  1617  of  the Social Security Act (42 USC § 1382f) which become
 effective on or after January first, two thousand seven.
   § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4
 of section 365 of the social services law, paragraph (c) of  subdivision
 2  as  amended  by  chapter 516 of the laws of 1973 and paragraph (a) of
 subdivision 4 as amended by chapter 170 of the laws of 1994, are amended
 to read as follows:
   (c) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES that has been approved pursuant to law as a hospital or nursing
 home;
   (a) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES that has been approved pursuant to law as an intermediate  care
 facility  or  who are participating in a program operated by the depart-
 ment of mental hygiene or by a voluntary agency under an agreement  with
 such  department, in that part of such a facility that has been approved
 as a day treatment program in accordance with  the  regulations  of  the
 state commissioner of mental hygiene;
   § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1,
 clauses  (vii),  (viii)  and (ix) of subparagraph 1 of paragraph (d) and
 clauses (vii), (viii) and (ix) of subparagraph 1  of  paragraph  (e)  of
 subdivision 5 of section 366 of the social services law, clause (iii) of
 subparagraph  2  of paragraph (e) of subdivision 1 as added by section 1
 S. 6195--A                          5
 
 of part D of chapter 56 of the laws of 2013, clauses (vii),  (viii)  and
 (ix)  of  subparagraph  1  of paragraph (d) of subdivision 5 as added by
 chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para-
 graph (e) of subdivision 5 as amended by section 51 of part C of chapter
 58  of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1 of
 paragraph (e) of subdivision 5 as added by section 26-a  of  part  C  of
 chapter 109 of the laws of 2006, are amended to read as follows:
   (iii)  a  patient  in  a public institution operated primarily for the
 care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES who is receiving medical care or treatment in  that  part  of  such
 institution  that  has  been  approved  pursuant to law as a hospital or
 nursing home;
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty  for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES, or who is an in-patient in a medical facility and is  receiving  a
 level  of care provided in a nursing facility, or who is receiving care,
 services or supplies pursuant to a waiver granted pursuant to subsection
 (c) of section 1915 of the federal social security act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS  WITH  DEVELOPMENTAL  DISABILITIES"  means  a facility certified
 under article sixteen of the mental hygiene law and which  has  a  valid
 agreement  with  the department for providing intermediate care facility
 services and receiving payment therefor under title XIX of  the  federal
 social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   (vii)  "institutionalized  individual"  means any individual who is an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL  DISABILI-
 TIES,  or  who is an in-patient in a medical facility and is receiving a
 level of care provided in a nursing facility, or  who  is  described  in
 section 1902(a)(10)(A)(ii)(VI) of the federal social security act.
   (viii)  "intermediate  care facility for [the mentally retarded] INDI-
 VIDUALS WITH DEVELOPMENTAL  DISABILITIES"  means  a  facility  certified
 under  article  sixteen  of the mental hygiene law and which has a valid
 agreement with the department for providing intermediate  care  facility
 services  and  receiving payment therefor under title XIX of the federal
 social security act.
   (ix) "nursing facility" means a nursing home  as  defined  by  section
 twenty-eight  hundred  one  of the public health law and an intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   § 8. The opening paragraph of subparagraph (ii) of  paragraph  (a)  of
 subdivision  2  of section 369 of the social services law, as amended by
 section 62 of part C of chapter 60 of the laws of 2014,  is  amended  to
 read as follows:
   with respect to the real property of an individual who is an inpatient
 in  a  nursing  facility,  intermediate  care facility for [the mentally
 retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, or other  medical
 institution,  who  is  not reasonably expected to be discharged from the
 medical institution and to return home, and who is required, as a condi-
 tion of receiving services in such institution under the state plan  for
 medical assistance, to spend for costs of medical care all but a minimal
 S. 6195--A                          6
 
 amount  of  his  or  her  income  required for personal needs; provided,
 however, any such lien will dissolve  upon  the  individual's  discharge
 from  the medical institution and return home; in addition, no such lien
 may  be imposed on the individual's home if one of the following persons
 is lawfully residing in the home:
   § 9. Paragraph (f) of subdivision 2 of section  473-e  of  the  social
 services law, as added by chapter 395 of the laws of 1995, is amended to
 read as follows:
   (f)  a  person  named  as  a  court-appointed evaluator or guardian in
 accordance with article eighty-one of  the  mental  hygiene  law,  or  a
 person  named as a guardian for [the mentally retarded] INDIVIDUALS WITH
 DEVELOPMENTAL DISABILITIES in accordance with article seventeen-A of the
 surrogate's court procedure act; or
   § 10. Section 2 of the social services law is amended  by  adding  two
 new subdivisions 39 and 40 to read as follows:
   39. "MENTAL ILLNESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 1.03 OF THE MENTAL HYGIENE LAW.
   40.  "DEVELOPMENTAL DISABILITY" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 11. This act shall take effect immediately.

Co-Sponsors

S6195B (ACTIVE) - Details

See Assembly Version of this Bill:: A7443
Law Section:: Social Services Law
Laws Affected:: Amd Soc Serv L, generally

S6195B (ACTIVE) - Summary

Replaces certain instances of the term "mentally retarded" with the term "individuals with developmental disabilities".

S6195B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6195b

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the social services law, in relation to replacing
certain instances of the term "mentally retarded" with the term "indi-
viduals with developmental disabilities"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill modernizes various sections of the Social Services Law to
eliminate derogatory language referring to people living with intellec-
tual or developmental disabilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (c) of subdivision 5 of section 62 of the
social services law, as amended by chapter 344 of the laws of 1973, is
amended to replace "mentally ill" with "person with mental illness; to
replace "mentally retarded" with "developmental disability"; and to
remove "epileptic".

Section 2 subdivision 1 of section 131-o of the social services law, as
amended by section 45 of part C of chapter 58 of the laws of 2005, is
amended to refer to "individuals with developmental disabilities" rather
than "the mentally retarded".

Section 3 amends section 199 of the social services law, as amended by
chapter 195 of the laws of 1973, to refer to "an individual with a
developmental disability" rather than someone who is "mentally retarded
or epileptic".

Section 4 amends paragraph (e) of subdivision 3 of section 209 of the
social services law, as amended by chapter 672 of the laws of 2019 to
update the definition of "receiving enhanced residential care" by aptly
referring to consumers as "individuals with developmental disabilities"
rather than "the mentally retarded and developmentally disabled".

Section 5 amends Subdivision 1 of section 210 of the social services
law, as amended by chapter 515 of the laws of 2006 to replace 14
instances of "the mentally retarded" with "individuals with develop-
mental disabilities".

Section 6 amends Paragraph (c) of subdivision 2 and paragraph (a) of
subdivision 4 of section 365 of the social services law, paragraph (c)
of subdivision 2 as amended by chapter 516 of the laws of 1973 and para-
graph (a) of subdivision 4 as amended by chapter 170 of the laws of 1994
to replace 2 instances of "the mentally retarded" with "individuals with
developmental disabilities".

Section 7 amends clause (iii) of subparagraph 2 of paragraph (e) of
subdivision 1, clauses (vii), (viii) and (ix) of subparagraph 1 of para-
graph (d) and clauses (vii), (viii) and (ix) of subparagraph 1 of para-
graph (e) of subdivision 5 of section 366 of the social services law,
clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1 as
added by section 1 of part D of chapter 56 of the laws of 2013, clauses
(vii), (viii) and (ix) of subparagraph 1 of paragraph (d) of subdivision
5 as added by 1 chapter 170 of the laws of 1994, clause (vii) of subpar-
agraph 1 of paragraph (e) of subdivision 5 as amended by section 51 of
part C of chapter 58 of the laws of 2008 and clauses (viii) and (ix) of
subparagraph 1 of paragraph (e) of subdivision 5 as added by section
26-a of part C of chapter 109 of the laws of 2006, to replace seven (7)
instances of "the mentally retarded" with "individuals with develop-
mental disabilities".

Section 8 amends the opening paragraph of subparagraph (ii) of paragraph
(a) of subdivision 2 of section 369 of the social services law, as
amended by section 62 of part C of chapter 60 of the laws of 2014, to
replace "the mentally retarded" with "individuals with developmental
disabilities".

Section 9 amends paragraph (f) of subdivision 2 of section 473-e of the
social services law, as added by chapter 395 of the laws of 1995 to
replace "the mentally retarded" with "individuals with developmental
disabilities".

Section 10 amends section 2 of the Social Services Law by adding subdi-
visions 39 and 40 referencing definitions of "mental illness" and
"developmental disability", respectively, in section 1.03 of the Mental
Hygiene Law

Section 11 sets forth an immediate effective date.

 
JUSTIFICATION:

In 2011, less than one year following the enactment of Rosa's Law (Pub.
L. 111-256), New York State took decisive action (Chapter 168, Laws of
2010) to designate the Office for People with Developmental Disabilities
(OPWDD) and move away from derogatory references to New Yorkers living
with disabilities. Several state laws enacted since 2011 have included
conforming changes in various sections of law, but references to "mental
retardation" and "mentally retarded" and "the mentally retarded" contin-
ue to appear in the very laws that establish benefits and services for
New Yorkers living with disabilities.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:
Immediately.

S6195B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6195--B
     Cal. No. 837
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2021
                                ___________
 
 Introduced by Sens. PERSAUD, MANNION, GAUGHRAN, O'MARA -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Social Services -- recommitted to the Committee on Social Services  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first  and  second  report,  amended  on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading -- reported  favora-
   bly  from  said  committee  to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the  social  services  law,  in  relation  to  replacing
   certain instances of the term "mentally retarded" with the term "indi-
   viduals with developmental disabilities"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 5 of section 62 of the  social
 services  law, as amended by chapter 344 of the laws of 1973, is amended
 to read as follows:
   (c) When a [mentally  ill,  mentally  retarded  or  epileptic  person]
 PERSON  WITH  A MENTAL ILLNESS OR DEVELOPMENTAL DISABILITY is in need of
 public assistance or care while  on  convalescent  status  or  community
 status  from  a  state  hospital  or institution under the provisions of
 section 29.15 of the mental hygiene law, the  public  welfare  district,
 town  or city from which he was admitted to such hospital or institution
 shall be responsible for providing and paying  for  such  assistance  or
 care  as  in  the  case of other persons requiring public assistance and
 care, except that such responsibility shall continue during  any  period
 such  person  is  on convalescent status or community status outside the
 territory of such public  welfare  district,  town  or  city  and  shall
 continue  thereafter in accordance with the provisions of this paragraph
 and paragraph (b) OF THIS SUBDIVISION if such person  was  receiving  or
 should  have  been  receiving public assistance or care from such public
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10591-05-2
 S. 6195--B                          2
 
 welfare district, town or city outside its territory at the time he  was
 discharged from such convalescent status or community status.
   §  2.  The  opening paragraph of subdivision 1 of section 131-o of the
 social services law, as amended by section 45 of part C of chapter 58 of
 the laws of 2005, is amended to read as follows:
   Each individual receiving family care, residential care or care  in  a
 school  for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES, or enhanced residential care as those  terms  are  defined  in
 section  two hundred nine of this chapter, and who is receiving benefits
 under the program of additional state payments pursuant to this  chapter
 while  receiving  such  care,  shall  be  entitled to a monthly personal
 allowance out of such benefits in the following amount:
   § 3. Section 199 of the social services law, as amended by chapter 322
 of the laws of 2021, is amended to read as follows:
   § 199. Power of commissioner  of  public  welfare  to  detain  certain
 incarcerated  individuals. The commissioner of public welfare shall have
 power to detain in the public home, pending a vacancy for such person in
 a state institution, a person over the  age  of  sixteen  who  has  been
 certified  as  [mentally  retarded  or  epileptic]  AN INDIVIDUAL WITH A
 DEVELOPMENTAL DISABILITY in accordance with the provisions of the mental
 hygiene law and for whom an application for admission to a state  insti-
 tution  has  been  made.  Whenever  the  commissioner shall so detain an
 incarcerated individual in the public home he or she shall at once noti-
 fy the state department of mental hygiene.
   § 4. Paragraph (e) of subdivision 3  of  section  209  of  the  social
 services  law, as amended by chapter 672 of the laws of 2019, is amended
 to read as follows:
   (e) "Receiving enhanced residential care" shall  mean  residing  in  a
 privately operated school for [the mentally retarded and developmentally
 disabled] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES which is certified
 by  the office for people with developmental disabilities of the depart-
 ment of mental hygiene, in accordance with applicable provisions of  law
 and  regulations or an adult home, or enriched housing program certified
 by the department of health in accordance with applicable law, rules and
 regulations to the extent permitted by federal law and regulations.
   § 5. Subdivision 1 of section 210  of  the  social  services  law,  as
 amended  by  chapter  515  of  the  laws  of 2006, is amended to read as
 follows:
   1. Any inconsistent provisions of this title or any other law notwith-
 standing, but subject to the provisions of subdivisions two and three of
 this section, an individual who is deemed to have  met  the  eligibility
 criteria  for  additional  state  payments  pursuant to paragraph (c) of
 subdivision one of section two hundred nine  of  this  title,  shall  be
 entitled  to  receive  for  each  month after December, nineteen hundred
 seventy-three an additional state payment in an amount which, when added
 to the supplemental security income benefit and other countable  income,
 is  equal  to such individual's December, nineteen hundred seventy-three
 cash grant of assistance under the state's program of  old  age  assist-
 ance,  assistance  to  the  blind,  aid  to the disabled or the combined
 program of aid to aged, blind and  disabled  persons,  plus  income  not
 excluded  under such state program, plus an amount equal to the January,
 nineteen hundred seventy-two bonus value of food stamps as determined in
 accordance with the regulations of the office of temporary and disabili-
 ty assistance plus, for any month after June, nineteen hundred  seventy-
 five,  an  amount reflecting the federal supplemental security increases
 resulting from July first, nineteen hundred seventy-five cost of  living
 S. 6195--B                          3
 
 increases  in  such  benefits,  plus  for any month after June, nineteen
 hundred eighty-two, an amount equal to the July first, nineteen  hundred
 eighty-two  federal  supplemental security income cost of living adjust-
 ment,  providing  such  individual  was  eligible to receive a mandatory
 state supplement for the month of December, nineteen hundred eighty-one,
 plus for any month after June, nineteen hundred eighty-three, an  amount
 equal to $17.70 for individuals, $26.55 for couples who are living alone
 or  living  with  others  and  $35.40 for couples receiving family care,
 residential care or care in schools for [the mentally retarded] INDIVID-
 UALS WITH DEVELOPMENTAL DISABILITIES, plus for any month after December,
 nineteen hundred eighty-three, an amount equal to $9.70 for individuals,
 $15.60 for couples who are living alone or living with others and $19.40
 for couples receiving family care, residential care or care  in  schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus  for  any  month  after  December, nineteen hundred eighty-four, an
 amount equal to $11.00 for  individuals,  $16.00  for  couples  who  are
 living  alone  or  living  with  others and $22.00 for couples receiving
 family care, residential care or  care  in  schools  for  [the  mentally
 retarded]  INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES,  plus for any
 month after December, nineteen hundred eighty-five, an amount  equal  to
 $11.00  for  individuals,  $16.00  for  couples  who are living alone or
 living with others and $22.00 for couples receiving family  care,  resi-
 dential  care or care in schools for [the mentally retarded] INDIVIDUALS
 WITH DEVELOPMENTAL DISABILITIES, plus  for  any  month  after  December,
 nineteen  hundred  eighty-six  an amount equal to $4.00 for individuals,
 $6.00 for couples who are living alone or living with others  and  $8.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month after  December,  nineteen  hundred  eighty-seven  an
 amount  equal  to  $14.00  for  individuals,  $22.00 for couples who are
 living alone or living with others  and  $28.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December, nineteen hundred eighty-eight an amount equal to
 $14.00 for individuals, $21.00 for  couples  who  are  living  alone  or
 living  with  others and $28.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES, plus for any other month after Decem-
 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
 uals, $27.00 for couples who are living alone or living with others  and
 $36.00  for  couples  receiving family care, residential care or care in
 schools for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES, plus for any month after December, nineteen hundred ninety  an
 amount  equal  to  $21.00  for  individuals,  $31.00 for couples who are
 living alone or living with others  and  $42.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December,  nineteen  hundred ninety-one an amount equal to
 $15.00 for individuals, $23.00 for  couples  who  are  living  alone  or
 living  with  others and $30.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred ninety-two, an amount equal to $12.00 for  individuals,
 $19.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 S. 6195--B                          4
 
 plus for any month after  December,  nineteen  hundred  ninety-three  an
 amount  equal  to  $12.00  for  individuals,  $17.00 for couples who are
 living alone or living with others  and  $24.00  for  couples  receiving
 family  care,  residential  care  or  care  in schools for [the mentally
 retarded] INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any
 month  after  December,  nineteen hundred ninety-four an amount equal to
 $12.00 for individuals, $18.00 for  couples  who  are  living  alone  or
 living  with  others and $24.00 for couples receiving family care, resi-
 dential care or care in schools for [the mentally retarded]  INDIVIDUALS
 WITH  DEVELOPMENTAL  DISABILITIES,  plus  for  any month after December,
 nineteen hundred ninety-five an amount equal to $12.00 for  individuals,
 $18.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
 plus for any month  after  December,  nineteen  hundred  ninety-six,  an
 amount  equal  to $14.00 for individuals and $21.00 for couples plus for
 any month after December, nineteen hundred ninety-seven an amount  equal
 to  $10.00  for  individuals  and  $15.00 for couples plus for any month
 after December, nineteen hundred ninety-eight an amount equal  to  $6.00
 for  individuals  and $11.00 for couples plus for any month after Decem-
 ber, nineteen hundred ninety-nine an amount equal to $13.00 for individ-
 uals and $18.00 for couples plus for any month after December, two thou-
 sand an amount equal to $18.00 for individuals and  $27.00  for  couples
 plus  for  any month after December, two thousand one an amount equal to
 $15.00 for individuals and $21.00 for couples plus for any  month  after
 December,  two thousand two an amount equal to $7.00 for individuals and
 $12.00 for couples plus for any month after December, two thousand three
 an amount equal to $12.00 for individuals and $17.00  for  couples  plus
 for  any  month  after  December,  two  thousand four an amount equal to
 $15.00 for individuals and $23.00 for couples plus for any  month  after
 December,  two  thousand  five an amount equal to $24.00 for individuals
 and $35.00 for couples plus for any month after December,  two  thousand
 six  an  amount  equal to the amount of any increases in federal supple-
 mental security income benefits for individuals or couples  pursuant  to
 section  1617  of  the Social Security Act (42 USC § 1382f) which become
 effective on or after January first, two thousand seven.
   § 6. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 4
 of section 365 of the social services law, paragraph (c) of  subdivision
 2  as  amended  by  chapter 516 of the laws of 1973 and paragraph (a) of
 subdivision 4 as amended by chapter 170 of the laws of 1994, are amended
 to read as follows:
   (c) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES that has been approved pursuant to law as a hospital or nursing
 home;
   (a) who are patients in that part of a public institution operated for
 the care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES that has been approved pursuant to law as an intermediate  care
 facility  or  who are participating in a program operated by the depart-
 ment of mental hygiene or by a voluntary agency under an agreement  with
 such  department, in that part of such a facility that has been approved
 as a day treatment program in accordance with  the  regulations  of  the
 state commissioner of mental hygiene;
   § 7. Clause (iii) of subparagraph 2 of paragraph (e) of subdivision 1,
 clauses  (vii),  (viii)  and (ix) of subparagraph 1 of paragraph (d) and
 clauses (vii), (viii) and (ix) of subparagraph 1  of  paragraph  (e)  of
 S. 6195--B                          5
 
 subdivision 5 of section 366 of the social services law, clause (iii) of
 subparagraph  2  of paragraph (e) of subdivision 1 as added by section 1
 of part D of chapter 56 of the laws of 2013, clauses (vii),  (viii)  and
 (ix)  of  subparagraph  1  of paragraph (d) of subdivision 5 as added by
 chapter 170 of the laws of 1994, clause (vii) of subparagraph 1 of para-
 graph (e) of subdivision 5 as amended by section 51 of part C of chapter
 58 of the laws of 2008 and clauses (viii) and (ix) of subparagraph 1  of
 paragraph  (e)  of  subdivision  5 as added by section 26-a of part C of
 chapter 109 of the laws of 2006, are amended to read as follows:
   (iii) a patient in a public institution  operated  primarily  for  the
 care of [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES  who  is  receiving  medical care or treatment in that part of such
 institution that has been approved pursuant to  law  as  a  hospital  or
 nursing home;
   (vii)  "institutionalized  individual"  means any individual who is an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL  DISABILI-
 TIES,  or  who is an in-patient in a medical facility and is receiving a
 level of care provided in a nursing facility, or who is receiving  care,
 services or supplies pursuant to a waiver granted pursuant to subsection
 (c) of section 1915 of the federal social security act.
   (viii)  "intermediate  care facility for [the mentally retarded] INDI-
 VIDUALS WITH DEVELOPMENTAL  DISABILITIES"  means  a  facility  certified
 under  article  sixteen  of the mental hygiene law and which has a valid
 agreement with the department for providing intermediate  care  facility
 services  and  receiving payment therefor under title XIX of the federal
 social security act.
   (ix) "nursing facility" means a nursing home  as  defined  by  section
 twenty-eight  hundred  one  of the public health law and an intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   (vii) "institutionalized individual" means any individual  who  is  an
 in-patient in a nursing facility, including an intermediate care facili-
 ty  for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES, or who is an in-patient in a medical facility and is  receiving  a
 level  of  care  provided  in a nursing facility, or who is described in
 section 1902(a)(10)(A)(ii)(VI) of the federal social security act.
   (viii) "intermediate care facility for [the mentally  retarded]  INDI-
 VIDUALS  WITH  DEVELOPMENTAL  DISABILITIES"  means  a facility certified
 under article sixteen of the mental hygiene law and which  has  a  valid
 agreement  with  the department for providing intermediate care facility
 services and receiving payment therefor under title XIX of  the  federal
 social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care facility for [the mentally retarded] INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   §  8.  The  opening paragraph of subparagraph (ii) of paragraph (a) of
 subdivision 2 of section 369 of the social services law, as  amended  by
 section  62  of  part C of chapter 60 of the laws of 2014, is amended to
 read as follows:
   with respect to the real property of an individual who is an inpatient
 in a nursing facility, intermediate  care  facility  for  [the  mentally
 retarded]  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, or other medical
 institution, who is not reasonably expected to be  discharged  from  the
 medical institution and to return home, and who is required, as a condi-
 S. 6195--B                          6
 
 tion  of receiving services in such institution under the state plan for
 medical assistance, to spend for costs of medical care all but a minimal
 amount of his or her  income  required  for  personal  needs;  provided,
 however,  any  such  lien  will dissolve upon the individual's discharge
 from the medical institution and return home; in addition, no such  lien
 may  be imposed on the individual's home if one of the following persons
 is lawfully residing in the home:
   § 9. Paragraph (f) of subdivision 2 of section  473-e  of  the  social
 services law, as added by chapter 395 of the laws of 1995, is amended to
 read as follows:
   (f)  a  person  named  as  a  court-appointed evaluator or guardian in
 accordance with article eighty-one of  the  mental  hygiene  law,  or  a
 person  named as a guardian for [the mentally retarded] INDIVIDUALS WITH
 DEVELOPMENTAL DISABILITIES in accordance with article seventeen-A of the
 surrogate's court procedure act; or
   § 10. Section 2 of the social services law is amended  by  adding  two
 new subdivisions 39 and 40 to read as follows:
   39. "MENTAL ILLNESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 1.03 OF THE MENTAL HYGIENE LAW.
   40.  "DEVELOPMENTAL DISABILITY" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 11. This act shall take effect immediately.

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The New York State Senate

senate Bill S6195B

Sponsored By

Archive: Last Bill Status Via A7443 - Signed by Governor

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Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

Apr 26, 2022 - Social Services committee Vote

Committee Vote: Apr 26, 2022

May 24, 2021 - floor Vote

Floor Vote: May 24, 2021

Apr 27, 2021 - Social Services committee Vote

Committee Vote: Apr 27, 2021

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S6195 - Details

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S6195A - Details

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senate Bill S6195B

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Sponsored By

Archive: Last Bill Status Via A7443 - Signed by Governor

Your Voice

Actions

Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

Apr 26, 2022 - Social Services committee Vote

Committee Vote: Apr 26, 2022

May 24, 2021 - floor Vote

Floor Vote: May 24, 2021

Apr 27, 2021 - Social Services committee Vote

Committee Vote: Apr 27, 2021

Bill Amendments

Co-Sponsors

S6195 - Details

S6195 - Summary

S6195 - Sponsor Memo

S6195 - Bill Text download pdf

Co-Sponsors

S6195A - Details

S6195A - Summary

S6195A - Sponsor Memo

S6195A - Bill Text download pdf

Co-Sponsors

S6195B (ACTIVE) - Details

S6195B (ACTIVE) - Summary

S6195B (ACTIVE) - Sponsor Memo

S6195B (ACTIVE) - Bill Text download pdf

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