§ 461. OFFICE OF COMMUNITY LIVING. THERE IS HEREBY ESTABLISHED WITHIN
THE EXECUTIVE DEPARTMENT AN OFFICE OF COMMUNITY LIVING. THE OFFICE OF
COMMUNITY LIVING SHALL ADVISE AND ASSIST THE GOVERNOR IN DEVELOPING
POLICIES DESIGNED TO HELP MEET THE NEEDS OF PERSONS WITH DISABILITIES
AND TO ENCOURAGE THE FULL PARTICIPATION OF PERSONS WITH DISABILITIES IN
SOCIETY. THE OFFICE OF COMMUNITY LIVING SHALL BE THE STATE'S COORDINA-
TOR FOR IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT, AND, AS
SUCH, IS CHARGED WITH COORDINATING STATE ACTIVITIES WHICH INSURE THAT
STATE PROGRAMS DO NOT DISCRIMINATE AGAINST AND ARE ACCESSIBLE TO PERSONS
WITH DISABILITIES. THE OFFICE OF COMMUNITY LIVING SHALL ALSO COORDINATE
THE STATE'S EFFORTS TO COMPLY WITH THE UNITED STATES SUPREME COURT'S
OLMSTEAD DECISION. IN ITS 1999, OLMSTEAD V. L.C. DECISION, THE UNITED
STATES SUPREME COURT RULED THAT NEW YORK, LIKE ALL STATES, IN ACCORDANCE
WITH THE AMERICANS WITH DISABILITIES ACT (ADA), HAVE AN OBLIGATION TO
PROVIDE SERVICES TO INDIVIDUALS WITH DISABILITIES IN THE MOST INTEGRATED
SETTING APPROPRIATE TO THEIR NEEDS. A COMPREHENSIVE OLMSTEAD IMPLEMENTA-
TION PLAN THAT WILL ADDRESS INTEGRATED HOUSING, EMPLOYMENT, TRANSPORTA-
TION, COMMUNITY SERVICES AND OTHER IMPORTANT ISSUES WILL AFFIRM NEW
YORK'S POSITION AS A NATIONAL LEADER ON DISABILITY RIGHTS. AS SUCH, THE
OFFICE OF COMMUNITY LIVING WILL ASSUME RESPONSIBILITY OF CHAIRMANSHIP OF
THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL. THE OFFICE FOR COMMU-
NITY LIVING SHALL ALSO BE RESPONSIBLE FOR FUNDING SERVICES THAT PROMOTE
AND ADVOCATE FOR INDEPENDENCE AND COMMUNITY LIVING FOR PERSONS WITH
DISABILITIES.
§ 462. DIRECTOR; GENERAL RESPONSIBILITIES. THE HEAD OF THE OFFICE
SHALL BE THE DIRECTOR, WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE. THE DIRECTOR SHALL RECEIVE A
SALARY TO BE FIXED BY THE GOVERNOR WITHIN THE AMOUNT APPROPRIATED THERE-
FOR. THE DIRECTOR, SUBJECT TO RULES PRESCRIBED BY THE GOVERNOR, MAY
APPOINT AND FIX THE COMPENSATION OF SUBORDINATES AND EMPLOYEES OF THE
DIVISION WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
§ 463. ADDITIONAL POWERS OF THE OFFICE OF COMMUNITY LIVING. THE OFFICE
SHALL HAVE THE FOLLOWING ADDITIONAL POWERS:
1. SUBMISSION, REVIEWS AND RECOMMENDATIONS. (A) EACH DIVISION WITHIN
THE EXECUTIVE DEPARTMENT AND ALL OTHER DEPARTMENTS OF THE STATE SHALL
SUBMIT TO THE OFFICE FOR REVIEW PROPOSED LEGISLATION, REGULATIONS,
ORDERS AND PLANS WHICH MAY SIGNIFICANTLY AFFECT THE LIVES OR WELL-BEING
OF PERSONS WITH DISABILITIES IN THE STATE. SUCH MATTERS SHALL, IN THE
CASE OF PROPOSED LEGISLATION, BE SUBMITTED AT LEAST THIRTY DAYS PRIOR TO
SUBMISSION TO THE LEGISLATURE AND, IN THE CASE OF REGULATIONS, ORDERS
AND PLANS, AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF THIS
ARTICLE.
(B) THE OFFICE SHALL REVIEW AND REPORT UPON ALL MATTERS OF SIGNIF-
ICANCE SUBMITTED TO IT. THE OFFICE SHALL SUBMIT REPORTS OR OTHER
COMMENTS WHERE APPROPRIATE TO THE DIVISION OR DEPARTMENT WHICH REFERRED
SUCH MATTER EVALUATING (I) THE IMPACT OF THE PROPOSED LEGISLATION, REGU-
LATION, ORDER, OR PLAN UPON PERSONS WITH DISABILITIES; (II) THE
RELATIONSHIP AND IMPACT OF SUCH PROPOSALS ON EXISTING PROGRAMS AFFECTING
PERSONS WITH DISABILITIES; (III) THE DESIRABILITY OF SUCH PROPOSALS; AND
(IV) MODIFICATIONS THAT WOULD ENHANCE THE IMPACT OF THE PROPOSAL UPON
PERSONS WITH DISABILITIES OR AID IN THE IMPLEMENTATION OF THE NEW
PROPOSAL.
2. COOPERATION. ALL STATE AGENCIES CONTEMPLATING ACTIONS THAT WOULD BE
SUBJECT TO REVIEW UNDER THIS ORDER SHALL INFORM THE OFFICE AS EARLY AS
POSSIBLE IN THE PROCESS OF DEVELOPING SUCH PROPOSALS AND SHALL COOPERATE
WITH THE OFFICE IN CARRYING OUT THESE RESPONSIBILITIES TO ASSURE THAT
A. 6233 3
APPROPRIATE CONSIDERATION IS GIVEN TO THE NEEDS AND CONCERNS OF PERSONS
WITH DISABILITIES.
§ 464. MOST INTEGRATED SETTING COORDINATING COUNCIL. 1. LEGISLATIVE
FINDINGS AND INTENT. THE AMERICANS WITH DISABILITIES ACT REQUIRES THE
STATE OF NEW YORK TO ENSURE THAT PEOPLE OF ALL AGES WITH DISABILITIES
RESIDE AND FUNCTION IN THE MOST INTEGRATED SETTING POSSIBLE. THIS
REQUIREMENT WAS RECOGNIZED AND UPHELD BY THE SUPREME COURT IN THE CASE
OF OLMSTEAD, COMMISSIONER, GEORGIA DEPARTMENT OF HUMAN RESOURCES, ET AL.
V. L.C., BY ZIMRING, GUARDIAN AD LITEM AND NEXT FRIEND, ET AL. (138 F.
3D 893). WHILE THE STATE OF NEW YORK PROVIDES COMMUNITY SUPPORTS FOR
PEOPLE OF ALL AGES WITH DISABILITIES AND WHILE THE STATE OF NEW YORK
DOES OPERATE A HOME AND COMMUNITY-BASED WAIVER MEDICAID PROGRAM, THE
LEGISLATURE HEREBY FINDS THAT THE STATE OF NEW YORK HAS NO CENTRALIZED
MECHANISM IN PLACE TO DETERMINE WHETHER OR NOT PEOPLE OF ALL AGES WITH
DISABILITIES ARE RESIDING IN THE MOST INTEGRATED SETTING POSSIBLE. IN
ORDER TO ENSURE THAT THE STATE OF NEW YORK IS IN COMPLIANCE WITH THE
REQUIREMENTS OF THE OLMSTEAD DECISION, THE LEGISLATURE HEREBY FINDS THAT
IT IS INCUMBENT UPON THE STATE OF NEW YORK TO DEVELOP AND IMPLEMENT A
PLAN TO REASONABLY ACCOMMODATE THE DESIRE OF PEOPLE OF ALL AGES WITH
DISABILITIES TO AVOID INSTITUTIONALIZATION AND BE APPROPRIATELY PLACED
IN THE MOST INTEGRATED SETTING POSSIBLE.
2. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "COUNCIL" MEANS THE MOST INTEGRATED SETTING COORDINATING COUNCIL.
(B) "DISABILITY" MEANS, WITH RESPECT TO AN INDIVIDUAL:
(I) A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR
MORE OF THE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
(II) A RECORD OF SUCH AN IMPAIRMENT; OR
(III) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT.
(C) "MOST INTEGRATED SETTING" MEANS A SETTING THAT IS APPROPRIATE TO
THE NEEDS OF THE INDIVIDUAL WITH THE DISABILITY AND ENABLES THAT INDI-
VIDUAL TO INTERACT WITH NONDISABLED PERSONS TO THE FULLEST EXTENT POSSI-
BLE.
(D) "OFFICE" SHALL MEAN THE OFFICE OF COMMUNITY LIVING.
(E) "ELIGIBLE APPLICANT" SHALL MEAN A CITY, TOWN, VILLAGE OR NOT-FOR-
PROFIT CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS PRIOR
TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD, INCORPORATED
UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND HAS SUBSTANTIAL EXPERIENCE
IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISABILITIES.
(F) "DISABLED VETERAN" SHALL MEAN A VETERAN WHO IS CERTIFIED BY THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE DEPARTMENT OF
DEFENSE AS ENTITLED TO RECEIVE DISABILITY PAYMENTS UPON THE CERTIF-
ICATION OF SUCH DEPARTMENT FOR A DISABILITY INCURRED BY HIM OR HER IN
TIME OF WAR.
(G) "ACCESS TO HOME PROGRAMS" OR "PROGRAMS" SHALL MEAN A SERIES OF
ACTIVITIES BY AN ELIGIBLE APPLICANT TO ADMINISTER FUNDS TO PROVIDE
EITHER LOANS OR GRANTS TO HOMEOWNERS AND RENTERS AND TO OVERSEE THE
ADAPTATION OR RETROFITTING OF ELIGIBLE PROPERTIES.
(H) "ELIGIBLE PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS THE PRIMARY
RESIDENCE OF A PERSON WITH A PHYSICAL DISABILITY AND A TOTAL HOUSEHOLD
INCOME THAT DOES NOT EXCEED EIGHTY PERCENT OF MEDIAN INCOME OR A DISA-
BLED VETERAN WHO HAS A TOTAL HOUSEHOLD INCOME THAT DOES NOT EXCEED ONE
HUNDRED TWENTY PERCENT OF MEDIAN INCOME. A PROPERTY SHALL NOT BE CONSID-
ERED AN ELIGIBLE PROPERTY IF THE OWNER OF THE PROPERTY IS OTHERWISE
OBLIGATED BY FEDERAL, STATE OR LOCAL LAW TO PROVIDE THE IMPROVEMENTS
FUNDED UNDER THIS ARTICLE.
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3. MOST INTEGRATED SETTING COORDINATING COUNCIL; ORGANIZATION. (A) THE
MOST INTEGRATED SETTING COORDINATING COUNCIL IS CONTINUED WITHIN THE
EXECUTIVE DEPARTMENT TO HAVE AND EXERCISE THE FUNCTIONS, POWERS AND
DUTIES PROVIDED BY THE PROVISIONS OF THIS ARTICLE AND ANY OTHER
PROVISION OF LAW. THE COUNCIL SHALL BE COMPRISED OF THE DIRECTOR OF THE
OFFICE OF COMMUNITY LIVING, AND THE COMMISSIONERS OF: THE DEPARTMENT OF
HEALTH, THE OFFICE OF PERSONS WITH DEVELOPMENTAL DISABILITIES, THE
OFFICE OF MENTAL HEALTH, THE DEPARTMENT OF TRANSPORTATION, THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, THE DEPARTMENT OF EDUCATION, AND THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL. IN ADDITION, THE COUNCIL SHALL CONSIST OF THE DIREC-
TOR OF THE OFFICE FOR THE AGING, A REPRESENTATIVE FROM THE JUSTICE
CENTER FOR PERSONS WITH SPECIAL NEEDS, SIX CONSUMERS OF SERVICES FOR
INDIVIDUALS WITH DISABILITIES, TWO TO BE APPOINTED BY THE GOVERNOR, TWO
TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO TO BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THREE INDIVIDUALS WITH EXPER-
TISE IN THE FIELD OF COMMUNITY SERVICES FOR PEOPLE OF ALL AGES WITH
DISABILITIES, ONE TO BE APPOINTED BY THE GOVERNOR, ONE TO BE APPOINTED
BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE TO BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, AND THREE INDIVIDUALS WITH EXPERTISE IN OR
RECIPIENTS OF SERVICES AVAILABLE TO SENIOR CITIZENS WITH DISABILITIES,
ONE TO BE APPOINTED BY THE GOVERNOR, ONE TO BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND ONE TO BE APPOINTED BY THE SPEAKER OF
THE ASSEMBLY.
(B) THE DIRECTOR OF THE OFFICE OF COMMUNITY LIVING SHALL BE THE CHAIR-
PERSON OF THE COUNCIL.
(C) THE COUNCIL SHALL MEET AS NECESSARY TO CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES, BUT SUCH MEETINGS SHALL OCCUR AT LEAST ONCE EACH
QUARTER.
4. FUNCTIONS, POWERS AND DUTIES OF THE COUNCIL. (A) THE COUNCIL SHALL
DEVELOP, UPDATE AND OVERSEE THE IMPLEMENTATION OF A COMPREHENSIVE STATE-
WIDE PLAN FOR PROVIDING SERVICES TO INDIVIDUALS OF ALL AGES WITH DISA-
BILITIES IN THE MOST INTEGRATED SETTING. SUCH PLAN SHALL INCLUDE, BUT
NOT BE LIMITED TO:
(I) THE NUMBER OF INDIVIDUALS OF ALL AGES WITH DISABILITIES WHO ARE
CURRENTLY INSTITUTIONALIZED AND ARE ELIGIBLE FOR SERVICES IN COMMUNITY-
BASED SETTINGS, THE NUMBER OF INDIVIDUALS RESIDING IN THE COMMUNITY WHO
ARE DEPENDENT ON THE ASSISTANCE OF COMMUNITY-BASED SERVICES TO AVOID
INSTITUTIONALIZATION AND ANY IMPROVEMENTS NECESSARY TO BE MADE TO
CURRENT DATA COLLECTION SYSTEMS OR ANY NEW DATA COLLECTION INITIATIVES
NECESSARY TO OBTAIN SUCH INFORMATION;
(II) THE CURRENT ASSESSMENT PROCEDURES UTILIZED TO IDENTIFY INDIVID-
UALS OF ALL AGES WITH DISABILITIES WHO COULD BENEFIT FROM SERVICES IN A
MORE INTEGRATED SETTING AND THE DEVELOPMENT OF A SINGLE ASSESSMENT PROC-
ESS FOR INDIVIDUALS OF ALL AGES WITH DISABILITIES IN NEED OF SERVICES,
TO BE IMPLEMENTED BY ONE COMMUNITY-BASED AGENCY IN EACH COUNTY WITH
EXPERTISE IN COMMUNITY-BASED SERVICES FOR PEOPLE OF ALL AGES WITH DISA-
BILITIES THROUGH THE USE OF A UNIFORM ASSESSMENT TOOL;
(III) THE IDENTIFICATION OF WHAT COMMUNITY-BASED SERVICES ARE AVAIL-
ABLE TO INDIVIDUALS OF ALL AGES WITH DISABILITIES IN THE STATE OF NEW
YORK AND AN ASSESSMENT OF THE EXTENT TO WHICH THESE PROGRAMS ARE ABLE TO
SERVE PEOPLE IN THE MOST INTEGRATED SETTINGS;
(IV) THE IDENTIFICATION OF WHAT IMPROVEMENTS NEED TO BE MADE TO THE
SYSTEM OF COMMUNITY-BASED SERVICES TO ENSURE THAT THE SYSTEM IS COMPRE-
HENSIVE, ACCESSIBLE, MEETS THE NEEDS OF PERSONS WHO ARE LIKELY TO
REQUIRE ASSISTANCE IN ORDER TO LIVE IN THE COMMUNITY AND PROVIDES HIGH
A. 6233 5
QUALITY, AND ADEQUATE SUPPORTS FOR INDIVIDUALS OF ALL AGES WITH DISABIL-
ITIES;
(V) AN EVALUATION OF THE SUPPORTS AND SERVICES AVAILABLE TO ASSIST
INDIVIDUALS OF ALL AGES WITH DISABILITIES WHO RESIDE IN THEIR OWN HOMES
WITH THE PRESENCE OF OTHER FAMILY MEMBERS OR OTHER INFORMAL CAREGIVERS
AND AN EVALUATION OF THE SUPPORTS AND SERVICES AVAILABLE TO ADDRESS THE
NEEDS OF INDIVIDUALS OF ALL AGES WITH DISABILITIES WHO RESIDE IN THEIR
OWN HOMES WITHOUT FAMILY MEMBERS OR OTHER INFORMAL CAREGIVERS;
(VI) AN EXAMINATION OF HOW THE IDENTIFIED COMMUNITY-BASED SUPPORTS AND
SERVICES INTEGRATE INDIVIDUALS OF ALL AGES WITH DISABILITIES INTO THE
COMMUNITY;
(VII) A REVIEW OF WHAT FUNDING SOURCES ARE AVAILABLE TO INCREASE THE
AVAILABILITY OF COMMUNITY-BASED SERVICES AND AN ANALYSIS OF HOW THE
VARIED FUNDING SOURCES AVAILABLE TO MEET THE NEEDS OF INDIVIDUALS OF ALL
AGES WITH DISABILITIES IN THE MOST INTEGRATED SETTING CAN BE ORGANIZED
INTO A COHERENT SYSTEM OF LONG TERM CARE WHICH AFFORDS PEOPLE REASONABLE
AND TIMELY ACCESS TO COMMUNITY-BASED SERVICES;
(VIII) AN ASSESSMENT OF HOW WELL THE CURRENT SERVICE SYSTEM WORKS FOR
DIFFERENT POPULATIONS, INCLUDING BUT NOT LIMITED TO, ELDERLY PEOPLE WITH
DISABILITIES, PEOPLE WITH PHYSICAL DISABILITIES, PEOPLE WITH DEVELOP-
MENTAL DISABILITIES, PEOPLE WITH MENTAL ILLNESS, AND PEOPLE WITH HIV AND
AIDS, AND A REVIEW OF CHANGES THAT MIGHT BE DESIRABLE TO MAKE SERVICES A
REALITY IN THE MOST INTEGRATED SETTING FOR ALL POPULATIONS;
(IX) AN EXAMINATION OF WAITING LISTS FOR COMMUNITY-BASED SERVICES AND
WHAT MIGHT BE DONE TO ENSURE THAT WAITING LISTS ARE CREATED AND ACCU-
RATELY MAINTAINED AND THAT PEOPLE ARE ABLE TO COME OFF WAITING LISTS AND
RECEIVE NEEDED COMMUNITY-BASED SERVICES AT A REASONABLE PACE;
(X) AN EXAMINATION OF WHAT INFORMATION, EDUCATION, OUTREACH AND REFER-
RAL SYSTEMS MIGHT BE USEFUL TO ENSURE THAT INDIVIDUALS OF ALL AGES WITH
DISABILITIES RECEIVE THE INFORMATION NECESSARY TO MAKE INFORMED CHOICES
REGARDING HOW THEIR NEEDS CAN BEST BE MET, INCLUDING THE EVALUATION OF
THE CREATION OF A TOLL-FREE HOTLINE WITH INFORMATION ON COMMUNITY-BASED
SERVICES FOR INDIVIDUALS OF ALL AGES WITH DISABILITIES;
(XI) AN EVALUATION OF HOW QUALITY ASSURANCE AND QUALITY IMPROVEMENT
CAN BE CONDUCTED EFFECTIVELY AS MORE PEOPLE OF ALL AGES WITH DISABILI-
TIES LIVE IN COMMUNITY-BASED SETTINGS; AND
(XII) AN EXAMINATION OF HOW THE OVERALL SYSTEM OF HEALTH AND LONG TERM
CARE CAN BEST BE MANAGED SO THAT PLACEMENT IN THE MOST INTEGRATED
SETTING BECOMES THE NORM.
(B) THE COUNCIL SHALL CONTRACT WITH AN INDEPENDENT ORGANIZATION WITH
EXPERTISE IN THE PROVISION OF COMMUNITY-BASED SERVICES FOR INDIVIDUALS
OF ALL AGES WITH DISABILITIES AND WITH EXPERTISE IN THE AREA OF PROGRAM
EVALUATION RESEARCH TO CONDUCT AN EVALUATION OF THE COUNCIL'S PLAN
CREATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE IMPLEMENTA-
TION OF SUCH PLAN.
(C) EACH COMMISSIONER AND DIRECTOR SERVING ON THE COUNCIL SHALL ENSURE
THAT HIS OR HER AGENCY IMPLEMENTS EVERY ASPECT OF THE PLAN DEVELOPED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION WHICH FALLS UNDER THE
RESPONSIBILITIES OF HIS OR HER AGENCY. THE COUNCIL SHALL OVERSEE THE
IMPLEMENTATION OF THE PLAN CREATED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION AND SHALL UPDATE SUCH PLAN AS NECESSARY TO ENSURE THAT WAITING
LISTS FOR COMMUNITY-BASED SERVICES FOR PEOPLE OF ALL AGES WITH DISABILI-
TIES ARE MOVING AT A REASONABLE PACE AND TO ENSURE THAT THE STATE OF NEW
YORK IS DEVELOPING A SYSTEM OF LONG TERM CARE THAT ALLOWS INDIVIDUALS OF
ALL AGES WITH DISABILITIES TO RESIDE AND FUNCTION IN THE MOST INTEGRATED
SETTING.
A. 6233 6
(D) THE COUNCIL SHALL PROVIDE AN ANNUAL REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH
REPORT SHALL DETAIL THE PLAN DEVELOPED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, ANY CHANGES MADE TO SUCH PLAN, ALL STEPS TAKEN TO IMPLE-
MENT SUCH PLAN AND THEIR OUTCOME, AND ANY FUTURE ACTIONS PLANNED.
(E) THE PLAN TO BE DEVELOPED UNDER THIS ARTICLE SHALL NOT BE CONSTRUED
TO INCREASE, DECREASE, OR CHANGE THE STATUTORY AUTHORITY OF ANY PERSON
OR ENTITY AND SHALL BE IMPLEMENTED CONSISTENT WITH ALL OTHERWISE APPLI-
CABLE LAW.
§ 465. INDEPENDENT LIVING CENTERS. 1. DECLARATION OF INTENT. INDEPEND-
ENT LIVING CENTERS GREATLY ASSIST PERSONS WITH DISABILITIES TO INTEGRATE
AND LIVE MORE INDEPENDENTLY IN THE COMMUNITY. SINCE THEIR INCEPTION,
SERVICE CENTERS FOR INDEPENDENT LIVING HAVE ENHANCED THE ABILITY OF
PERSONS WITH DISABILITIES TO PURSUE AN INDEPENDENT AND ACTIVE LIFESTYLE
WITHIN THEIR COMMUNITY. IN ORDER TO ACHIEVE THIS, IT IS NECESSARY FOR
THE STATE TO PROVIDE FUNDING TO MAINTAIN EXISTING SERVICE CENTERS
DESIGNED TO PROMOTE INDEPENDENT LIVING AND TO ENCOURAGE THE ESTABLISH-
MENT OF NEW CENTERS. TO MAXIMIZE THE EFFECTIVENESS OF THESE CENTERS IN
PROMOTING INDEPENDENT LIVING FOR PERSONS WITH DISABILITIES, AND TO OPTI-
MALLY UTILIZE INDEPENDENT LIVING CENTERS IN HELPING THE STATE TO MEET
ITS OBLIGATIONS TO PERSONS WITH DISABILITIES, THE RESPONSIBILITY FOR
INDEPENDENT LIVING SHOULD BE TRANSFERRED FROM THE EDUCATION DEPARTMENT
TO THE OFFICE.
2. INDEPENDENT LIVING CENTERS; PURPOSE AND DUTIES. AN INDEPENDENT
LIVING CENTER SHALL BE A COMMUNITY-BASED, NON-RESIDENTIAL PROGRAM
DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH DISABILITIES.
(A) SUCH CENTER SHALL:
(I) BE A PRIVATE NOT-FOR-PROFIT CORPORATION, PURSUANT TO SUBPARAGRAPH
FIVE OF PARAGRAPH A OF SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT
CORPORATION LAW; PROVIDED, HOWEVER, THAT PERSONS WITH DISABILITIES
COMPRISE AT LEAST FIFTY-ONE PERCENT OF THE MEMBERSHIP OF THE BOARD OF
DIRECTORS;
(II) BE STAFFED BY PERSONS WITH PERSONS WITH DISABILITIES AND OTHER
PERSONS EXPERIENCED IN ASSISTING PERSONS WITH DISABILITIES;
(III) PROVIDE SERVICES DESIGNED TO MEET THE NEEDS OF PERSONS WITH
DISABILITIES, INCLUDING SUCH SERVICES AS ASSISTING PERSONS WITH DISABIL-
ITIES TO OBTAIN HOUSING, EMPLOYMENT REFERRAL, TRANSPORTATION REFERRAL,
ATTENDANT CARE, INDEPENDENT LIVING SKILLS, PEER COUNSELING, ADVOCACY
SERVICES, JOB TRAINING, HEALTH CARE, HOMEMAKER SERVICES, AND OTHER SUCH
SERVICES AS APPROVED BY THE DIRECTOR;
(IV) TRAIN PERSONNEL FOR THE PURPOSE OF ATTENDANT CARE IN ASSISTING
AND SERVING PERSONS WITH DISABILITIES; AND
(V) SERVE PERSONS WITH DISABILITIES.
(B) SUCH CENTER MAY ALSO, BUT NEED NOT LIMIT ITSELF TO, PROVIDE DISA-
BILITY AWARENESS PROGRAMS, PEER COUNSELING, ROLE MODELING AND ANY OTHER
APPROPRIATE SERVICES WITHIN ELEMENTARY AND SECONDARY SCHOOLS.
(C) SUCH SERVICE CENTERS SHALL NOT BE ESTABLISHED OR OPERATED AS A
RESIDENTIAL OR HOUSING FACILITY.
(D) SUCH SERVICE CENTERS SHALL MAKE MAXIMUM USE OF EXISTING RESOURCES
AVAILABLE TO PERSONS WITH DISABILITIES AND SHALL NOT DUPLICATE ANY
EXISTING SERVICES OR PROGRAMS, TO THE EXTENT THAT SUCH SERVICES OR
PROGRAMS ARE AVAILABLE THROUGH OTHER STATE SOURCES TO MEET THE NEEDS OF
PERSONS WITH DISABILITIES. SUCH CENTERS SHALL HOWEVER PROVIDE NECESSARY
INFORMATION AND REFERRAL TO ASSIST A PERSON WITH A DISABILITY IN OBTAIN-
ING SUCH SERVICES AND COORDINATE WHERE POSSIBLE THE DELIVERY OF SUCH
SERVICES TO PERSONS WITH DISABILITIES.
A. 6233 7
(E) SUCH SERVICE CENTERS SHALL BE IN COMPLIANCE WITH ALL APPLICABLE
LOCAL LAWS AND ORDINANCES.
3. OFFICE OF COMMUNITY LIVING; RESPONSIBILITIES. THE OFFICE SHALL
ASSIST INDIVIDUALS AND ORGANIZATIONS IN THE PLANNING AND ESTABLISHMENT
OF SUCH SERVICE CENTERS. THE OFFICE SHALL ENSURE PROGRAM ACCOUNTABILITY
AND SHALL MONITOR AND EVALUATE SUCH CENTERS.
4. REGULATIONS. THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
5. DISTRIBUTION OF FUNDS. (A) INDEPENDENT LIVING CENTERS SHALL BE
FUNDED OUT OF APPROPRIATIONS AVAILABLE FOR SUCH PURPOSES TO THE EXTENT
OF THE ENTIRE APPROVED BUDGET OF SUCH CENTERS.
(B) BUDGETS SUBMITTED BY INDEPENDENT LIVING CENTERS SHALL BE APPROVED
IN ACCORDANCE WITH REGULATIONS OF THE OFFICE.
(C) INDEPENDENT LIVING CENTERS SHALL BE LOCATED IN THE CITIES OF ALBA-
NY, BUFFALO, ROCHESTER, SYRACUSE, UTICA, WHITE PLAINS, BINGHAMTON, KING-
STON, POUGHKEEPSIE, JAMESTOWN, YONKERS, THE COUNTIES OF QUEENS, KINGS,
NASSAU, BRONX, RICHMOND AND NEW YORK AND THE TOWNSHIP OF BROOKHAVEN WITH
A SATELLITE CENTER IN CENTRAL ISLIP IN THE COUNTY OF SUFFOLK.
(D) ADDITIONAL INDEPENDENT LIVING CENTERS SHALL BE LOCATED IN THE
CITIES OF NIAGARA FALLS, OLEAN, TROY, AMSTERDAM, NEWBURGH, CORNING,
ITHACA, CORTLAND, AUBURN, WATERTOWN, PLATTSBURGH, BATAVIA, MASSENA AND
GLENS FALLS, THE COUNTIES OF DELAWARE AND ROCKLAND, THE COUNTY OF
ORANGE, IN EITHER THE CITY OF MIDDLETOWN OR PORT JERVIS OR IN THE TOWN
OF DEERPARK, GREENVILLE, MOUNT HOPE, WARWICK OR WAWAYANDA OR IN THE
VILLAGE OF GOSHEN, IN THE COUNTY OF NEW YORK TO SERVE THE HARLEM COMMU-
NITY, AND IN THE COUNTIES OF PUTNAM, SULLIVAN AND HERKIMER.
§ 466. NEW YORK ACCESS TO HOME PROGRAM. 1. STATEMENT OF LEGISLATIVE
FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT
THERE EXISTS IN THE STATE OF NEW YORK A SERIOUS NEED FOR FINANCIAL AND
TECHNICAL RESOURCES TO ASSIST RENTERS AND PROPERTY OWNERS TO MAKE DWELL-
ING UNITS ACCESSIBLE FOR LOW AND MODERATE INCOME PERSONS WITH DISABILI-
TIES. PROVIDING ASSISTANCE WITH THE COST OF ADAPTING HOMES WILL ENABLE
MANY NEW YORKERS WITH DISABILITIES TO SAFELY AND COMFORTABLY CONTINUE
TO, OR RETURN TO, LIVE IN THEIR RESIDENCES INSTEAD OF RESIDING IN AN
INSTITUTIONAL SETTING. TO BEST ACCOMPLISH THIS, THE RESPONSIBILITY FOR
THE PROGRAM IS TRANSFERRED TO THE OFFICE.
2. ACCESS TO HOME CONTRACTS. (A) WITHIN THE LIMIT OF FUNDS AVAILABLE
IN THE ACCESS TO HOME PROGRAM, THE OFFICE IS HEREBY AUTHORIZED TO ENTER
INTO CONTRACTS WITH ELIGIBLE APPLICANTS TO PROVIDE FINANCIAL ASSISTANCE
FOR THE ACTUAL COSTS OF AN ACCESS TO HOME PROGRAM. THE FINANCIAL ASSIST-
ANCE SHALL BE EITHER IN THE FORM OF GRANTS OR LOANS, AS THE OFFICE SHALL
DETERMINE. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED PURSU-
ANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO ACCESS TO
HOME PROGRAMS LOCATED WITHIN ANY SINGLE MUNICIPALITY.
(B) THE TOTAL PAYMENT PURSUANT TO ANY ONE CONTRACT SHALL NOT EXCEED
FIVE HUNDRED THOUSAND DOLLARS AND THE CONTRACT SHALL PROVIDE FOR
COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
EIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS COMMENCE-
MENT. UPON REQUEST, THE OFFICE MAY EXTEND THE TERM OF THE CONTRACT FOR
UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN BY THE ELIGI-
BLE APPLICANT.
(C) THE OFFICE MAY AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND UP TO
SEVEN AND A HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED ADMINISTRA-
TIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
(D) THE OFFICE SHALL REQUIRE THAT, IN ORDER TO RECEIVE FUNDS PURSUANT
TO THIS ARTICLE, THE ELIGIBLE APPLICANT SHALL SUBMIT A PLAN WHICH SHALL
A. 6233 8
INCLUDE, BUT NOT BE LIMITED TO, PROGRAM FEASIBILITY, IMPACT ON THE
COMMUNITY, BUDGET FOR EXPENDITURE OF PROGRAM FUNDS, A SCHEDULE FOR
COMPLETION OF THE PROGRAM, AFFIRMATIVE ACTION AND MINORITY-OWNED BUSI-
NESS PARTICIPATION.
§ 467. OTHER RESPONSIBILITIES OF THE OFFICE OF COMMUNITY LIVING. THE
OFFICE IS ALSO RESPONSIBLE FOR ADMINISTERING THE FOLLOWING PROGRAMS,
SOME OF WHICH ARE BEING TRANSFERRED FROM THE JUSTICE CENTER FOR PERSONS
WITH SPECIAL NEEDS:
1. INFORMATION AND REFERRAL SERVICES. INFORMATION AND REFERRAL
SERVICES, INCLUDING THE TOLL-FREE INFORMATION AND REFERRAL TELEPHONE
LINE.
2. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
(TRAID) PROGRAM. THE TRAID PROGRAM'S MISSION IS TO COORDINATE STATEWIDE
ACTIVITIES TO INCREASE ACCESS TO AND ACQUISITION OF ASSISTIVE TECHNOLOGY
IN THE AREAS OF EDUCATION, EMPLOYMENT, COMMUNITY LIVING AND INFORMATION
TECHNOLOGY/TELECOMMUNICATIONS. THE PROGRAM SERVES INDIVIDUALS OF ALL
AGES AND DISABILITIES. THE PROGRAM SUPPORTS REGIONAL TRAID CENTERS
(RTCS) WHICH PROVIDE INFORMATION, TRAINING, DEVICE DEMONSTRATION, REUSE,
EXCHANGE, AND LOANS. THE TRAID PROGRAM ALSO PROVIDES TECHNICAL ASSIST-
ANCE AND ADVOCACY ON HOW TO OBTAIN AND USE ASSISTIVE TECHNOLOGY SERVICES
AND DEVICES.
3. ADULT HOME ADVOCACY PROGRAM. THE ADULT HOME ADVOCACY PROGRAM,
WHICH HAS BEEN IN OPERATION SINCE 1995, IS NOW UNDER THE JURISDICTION OF
THE OFFICE. THE PROGRAM ASSISTS INDIVIDUALS WITH MENTAL HEALTH DISABILI-
TIES WHO RESIDE IN ADULT HOMES IN THE CITY OF NEW YORK AND LONG ISLAND
IN UNDERSTANDING THEIR LEGAL RIGHTS AND PROMOTES AND PROTECTS THEIR
RIGHTS, INCLUDING LEGAL AND NON-LEGAL ADVOCACY SERVICES, TRAINING ON
RESIDENTS' RIGHTS SUPPORTING SELF-ADVOCACY AND LEADERSHIP INITIATIVES,
AND THE DEVELOPMENT AND SUPPORT OF RESIDENT COUNCILS IS PROVIDED BY
QUALIFIED NON-PROFIT AGENCIES WHICH ARE AWARDED CONTRACTS THROUGH A
COMPETITIVE BIDDING PROCESS.
4. ADVOCACY. ADVOCACY IS A CORE FUNCTION OF THE OFFICE. ADVOCACY IS AN
ACTIVE PROCESS WITH THE GOAL OF MAKING THE SOCIAL SYSTEM, PUBLIC AND
COMMUNITY-BASED OR PRIVATE ENTITIES MORE RESPONSIVE TO THE NEEDS OF
PERSONS WITH DISABILITIES WHO ARE SERVED BY THAT SYSTEM. ADVOCACY IS
NOT A SINGULAR APPROACH, BUT A CONTINUUM OF STRATEGIES INCLUDING: SELF-
ADVOCACY, CITIZEN ADVOCACY, AND SYSTEMS ADVOCACY.
§ 2. Article 25 of the executive law is REPEALED.
§ 3. Section 559 of the executive law is REPEALED.
§ 4. Article 23-A of the education law is REPEALED.
§ 5. Article 25 of the private housing finance law is REPEALED.
§ 6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law, provided, however, that
the governor is authorized to take, notwithstanding any law to the
contrary, whatever steps are necessary to effectively and efficiently
transfer the functions transferred to the office of community living
from other agencies of the state so that the office of community living
may fully commence operation on the effective date of this act.