S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5972
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on People with Disabilities
 
 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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08145-01-3
              

 A. 5972                             2
 
 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.