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Assembly Bill A10322

2025-2026 Legislative Session

Relates to residential transition conferences and the placement of persons with developmental disabilities

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Current Bill Status - In Assembly Committee

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Bill Amendments

2025-A10322 - Details

Current Committee:
Assembly Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Add §16.39, Ment Hyg L

2025-A10322 - Summary

Requires covered operators to provide written notice of pending placement of persons with developmental disabilities to interested parties; specifies who may be considered an interested party; provides that a residential transition conference shall be held between the interested parties after notice has been given of the proposed placement to discuss the proposal.

2025-A10322 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10322
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to requiring a resi-
   dential transition conference when a person with  developmental  disa-
   bilities  transfers  from  one  program  run  by a covered operator to
   another program run by a covered operator

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new section
 16.39 to read as follows:
 § 16.39 RESIDENTIAL TRANSITION CONFERENCES.
   (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (1) "COVERED OPERATOR" SHALL MEAN ANY HOLDER OF AN  OPERATING  CERTIF-
 ICATE   ISSUED  PURSUANT  TO  THIS  ARTICLE  THAT  PROVIDES  RESIDENTIAL
 SERVICES, ANY ORGANIZATION PROVIDING RESIDENTIAL SERVICES WHOSE INCORPO-
 RATION OR ACTIVITIES REQUIRE THE APPROVAL OF THE  COMMISSIONER,  OR  ANY
 PROGRAM  FUNDED  OR ADMINISTERED BY THE OFFICE THAT PROVIDES RESIDENTIAL
 SERVICES.
   (2) "INDIVIDUALIZED SERVICE PLAN" OR "LIFE PLAN" SHALL MEAN A  WRITTEN
 DOCUMENT  THAT OUTLINES A PERSON WITH DEVELOPMENTAL DISABILITIES': GOALS
 AND DESIRED OUTCOMES; HABILITATION  GOALS;  STRENGTHS  AND  PREFERENCES;
 ASSESSED  CLINICAL  AND SUPPORT NEEDS (WHETHER PAID OR UNPAID); SERVICES
 AND PROVIDERS; AND SAFEGUARDS, INCLUDING BACK-UP PLANS AND STRATEGIES.
   (B) IT SHALL BE THE DUTY OF EVERY COVERED OPERATOR TO PARTICIPATE IN A
 RESIDENTIAL TRANSITION CONFERENCE BEFORE  A  PERSON  WITH  DEVELOPMENTAL
 DISABILITIES  ENTERS  SUCH COVERED OPERATOR'S RESIDENTIAL PROGRAM FROM A
 PROGRAM RUN BY ANOTHER COVERED  OPERATOR  OR  LEAVES  THEIR  RESIDENTIAL
 PROGRAM  FOR  A  PROGRAM  RUN BY ANOTHER COVERED OPERATOR. ATTENDANCE AT
 SUCH CONFERENCE SHALL INCLUDE:
   (1) THE COVERED OPERATOR WHO CURRENTLY SERVES A PERSON  WITH  DEVELOP-
 MENTAL DISABILITIES;
   (2) THE COVERED OPERATOR WHO WILL SERVE SUCH PERSON WITH DEVELOPMENTAL
 DISABILITIES AFTER THE TRANSITION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2025-A10322A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Add §16.39, Ment Hyg L

2025-A10322A (ACTIVE) - Summary

Requires covered operators to provide written notice of pending placement of persons with developmental disabilities to interested parties; specifies who may be considered an interested party; provides that a residential transition conference shall be held between the interested parties after notice has been given of the proposed placement to discuss the proposal.

2025-A10322A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10322--A
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with Disabilities --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the mental hygiene law, in relation to residential tran-
   sition conferences and the placement  of  persons  with  developmental
   disabilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 16.39 to read as follows:
 § 16.39 RESIDENTIAL TRANSITION CONFERENCES.
   (A)  FOR  THE  PURPOSES OF THIS SECTION, "COVERED OPERATOR" SHALL MEAN
 ANY HOLDER OF AN OPERATING CERTIFICATE ISSUED PURSUANT TO  THIS  ARTICLE
 THAT  PROVIDES RESIDENTIAL SERVICES, ANY ORGANIZATION PROVIDING RESIDEN-
 TIAL SERVICES WHOSE INCORPORATION OR ACTIVITIES REQUIRE THE APPROVAL  OF
 THE  COMMISSIONER,  OR  ANY PROGRAM FUNDED OR ADMINISTERED BY THE OFFICE
 THAT PROVIDES RESIDENTIAL SERVICES.
   (B) IT SHALL BE THE DUTY OF EVERY COVERED OPERATOR TO PROVIDE  WRITTEN
 NOTICE  OF  PENDING  PLACEMENT TO INTERESTED PARTIES, IN ACCORDANCE WITH
 GUIDELINES PROMULGATED BY THE OFFICE. INTERESTED PARTIES SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:
   (1)  THE  COVERED OPERATOR WHO CURRENTLY SERVES A PERSON WITH DEVELOP-
 MENTAL DISABILITIES;
   (2) THE COVERED OPERATOR WHO WILL SERVE SUCH PERSON WITH DEVELOPMENTAL
 DISABILITIES AFTER THE TRANSITION;
   (3) THE PERSON WITH DEVELOPMENTAL  DISABILITIES  WHO  IS  ENTERING  OR
 LEAVING SUCH RESIDENTIAL PROGRAM;
   (4)  THE  PERSON  WITH DEVELOPMENTAL DISABILITIES' FAMILY, UNLESS SUCH
 PERSON OBJECTS TO THEIR FAMILY'S ATTENDANCE;
   (5) THE PERSON WITH  DEVELOPMENTAL  DISABILITIES'  GUARDIAN  OR  LEGAL
 REPRESENTATIVE; AND
   (6) THE PERSON WITH DEVELOPMENTAL DISABILITIES' CARE MANAGER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13418-02-6

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