S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1130
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 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 establishing  the
   statewide group home families working group
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.03 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision 3 to read as follows:
   3. "GROUP HOME" MEANS A COMMUNITY RESIDENCE SERVING PEOPLE WITH DEVEL-
 OPMENTAL DISABILITIES.
   § 2. The mental hygiene law is amended by adding a new section 13.05-a
 to read as follows:
 § 13.05-A STATEWIDE GROUP HOME FAMILIES WORKING GROUP.
   (A)  THERE IS HEREBY ESTABLISHED A STATEWIDE GROUP HOME FAMILIES WORK-
 ING GROUP. THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP SHALL CONSIST
 OF TWENTY MEMBERS SELECTED, IN CONSULTATION WITH THE COMMISSIONER,  FROM
 AMONG QUALIFIED APPLICANTS OR NOMINEES AS FOLLOWS:
    1. SEVEN MEMBERS SELECTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   2. SEVEN MEMBERS SELECTED BY THE SPEAKER OF THE ASSEMBLY;
   3. THREE MEMBERS SELECTED BY THE MINORITY LEADER OF THE SENATE; AND
   4. THREE MEMBERS SELECTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   (B)  ONE REPRESENTATIVE OF THE APPLICABLE REGIONAL DEVELOPMENTAL DISA-
 BILITIES SERVICES OFFICE SHALL SIT AS AN EX OFFICIO MEMBER OF THE STATE-
 WIDE GROUP HOME FAMILIES WORKING GROUP AT EACH REGIONAL MEETING PURSUANT
 TO SUBDIVISION (I) OF THIS SECTION.
   (C) MEMBERS SHALL BE PERSONS WITH DEVELOPMENTAL DISABILITIES  RESIDING
 IN  GROUP  HOMES OR FAMILY MEMBERS OR GUARDIANS OF PERSONS WITH DEVELOP-
 MENTAL DISABILITIES RESIDING IN  GROUP  HOMES.  THE  COMMISSIONER  SHALL
 PROVIDE  FOR AN APPROPRIATE AND TIMELY APPLICATION PROCESS TO FACILITATE
 SELECTION OF MEMBERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01472-01-5
 A. 1130                             2
              

 
   (D) THE STATEWIDE GROUP HOME  FAMILIES  WORKING  GROUP  SHALL  HAVE  A
 CHAIRPERSON,  WHO  SHALL BE ELECTED BY A MAJORITY VOTE OF THE MEMBERS OF
 THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP.
   (E)  MEMBERS  SHALL  BE  APPOINTED FOR TERMS OF THREE YEARS. VACANCIES
 SHALL BE FILLED IN THE SAME   MANNER AS ORIGINAL  APPOINTMENTS  FOR  THE
 REMAINDER  OF  THE  UNEXPIRED TERM. THE DESIGNATION OF A MEMBER AS CHAIR
 SHALL BE MADE BIANNUALLY.
   (F) THE STATEWIDE GROUP HOME FAMILIES  WORKING  GROUP  SHALL  HAVE  NO
 EXECUTIVE, ADMINISTRATIVE OR APPOINTIVE DUTIES. THE DUTIES OF THE STATE-
 WIDE GROUP HOME FAMILIES WORKING GROUP SHALL  INCLUDE, BUT NOT BE LIMIT-
 ED TO:
   1. INFORMING AND ADVISING THE COMMISSIONER AS TO MATTERS OF IMPORTANCE
 FOR  PERSONS WITH DEVELOPMENTAL DISABILITIES RESIDING IN GROUP HOMES AND
 THEIR FAMILIES AND GUARDIANS;
   2. PROVIDING RECOMMENDATIONS FOR STATEWIDE AND REGIONAL PRIORITIES AND
 GOALS FOR INDIVIDUALS RESIDING IN GROUP HOMES AND FAMILIES AND GUARDIANS
 OF INDIVIDUALS RESIDING IN GROUP HOMES;
   3. ADVISING THE COMMISSIONER ON SUCH OTHER MATTERS  RELATED  TO  GROUP
 HOMES AS THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP DEEMS RELEVANT;
 AND
   4. HOLDING REGIONAL PUBLIC MEETINGS IN ACCORDANCE WITH SUBDIVISION (I)
 OF  THIS  SECTION  TO  SOLICIT AND RECEIVE INPUT FROM RESIDENTS OF GROUP
 HOMES AND FAMILY MEMBERS AND  GUARDIANS  OF  RESIDENTS  OF  GROUP  HOMES
 REGARDING  THE  OPERATION  OF  GROUP HOMES, INCLUDING BUT NOT LIMITED TO
 CARE PROVIDED AND FINANCIAL MATTERS.
   (G) THE STATEWIDE GROUP HOME FAMILIES WORKING  GROUP  SHALL  ESTABLISH
 SUCH COMMITTEES AS DEEMED NECESSARY BY THE CHAIR.
   (H)  THE  STATEWIDE  GROUP  HOME  FAMILIES WORKING GROUP SHALL MEET AT
 LEAST FOUR TIMES IN EACH FULL CALENDAR YEAR AND  AT  LEAST  ONCE  DURING
 EACH  CALENDAR  QUARTER IN ADDITION TO THE REGIONAL PUBLIC MEETINGS HELD
 IN ACCORDANCE WITH SUBDIVISION (I) OF THIS SECTION AT THE REQUEST OF ITS
 CHAIR WITHIN TEN DAYS OF RECEIVING WRITTEN NOTICE OF  SUCH  MEETING.  IN
 ADDITION,  THE  STATEWIDE  GROUP  HOME  FAMILIES  WORKING GROUP MAY HOLD
 SPECIAL MEETINGS AT THE REQUEST OF ITS CHAIR OR THE COMMISSIONER  WITHIN
 TEN DAYS OF RECEIVING WRITTEN NOTICE OF SUCH MEETING.
   (I) 1. IN ADDITION TO THE REGULAR MEETINGS AS PROVIDED FOR BY SUBDIVI-
 SION  (H)  OF  THIS  SECTION,  THE STATEWIDE GROUP HOME FAMILIES WORKING
 GROUP SHALL HOLD AT LEAST ONE PUBLIC REGIONAL MEETING ANNUALLY  IN  EACH
 CITY, TOWN OR VILLAGE WHERE A DEVELOPMENTAL DISABILITIES SERVICES OFFICE
 IS  LOCATED,  PURSUANT TO SUBDIVISION (B) OF SECTION 13.17 OF THIS ARTI-
 CLE, FOR THE PURPOSES OF PROVIDING A FORUM  FOR  PERSONS  WITH  DEVELOP-
 MENTAL  DISABILITIES WHO ARE RESIDING IN GROUP HOMES, FAMILY AND GUARDI-
 ANS OF PERSONS WITH DEVELOPMENTAL DISABILITIES RESIDING IN GROUP  HOMES,
 PERSONS  REPRESENTING  GROUP  HOMES, ADVOCATES FOR PERSONS WITH DEVELOP-
 MENTAL DISABILITIES RESIDING IN GROUP HOMES AND OTHER INTERESTED PARTIES
 TO COMMENT AND ADVISE REGARDING THE OPERATION OF GROUP HOMES,  INCLUDING
 BUT NOT LIMITED TO CARE PROVIDED AND FINANCIAL MATTERS.
   2. NOTICE OF A PUBLIC REGIONAL MEETING AND A PRINTED AGENDA, WHICH MAY
 BE  SUBJECT TO LATER AMENDMENT, SHALL BE MADE AVAILABLE TO THE PUBLIC AT
 LEAST FIFTEEN DAYS IN ADVANCE OF SUCH  REGIONAL  MEETING,  INCLUDING  BY
 PUBLICATION BY THE COMMISSIONER ON THE OFFICE'S WEBSITE.
   3.  AT  SUCH  PUBLIC  REGIONAL  MEETINGS,  INTERESTED PARTIES SHALL BE
 PROVIDED REASONABLE OPPORTUNITY, BOTH ORALLY AND IN WRITING, TO  COMMENT
 REGARDING  THE  OPERATION  OF  GROUP HOMES, INCLUDING BUT NOT LIMITED TO
 CARE PROVIDED AND FINANCIAL MATTERS.
 A. 1130                             3
 
   4. THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP AND EACH APPLICABLE
 DEVELOPMENTAL DISABILITIES SERVICES  OFFICE  SHALL  COLLABORATE  IN  THE
 FULFILLMENT OF THE DUTIES SET FORTH IN THIS SUBDIVISION.
   (J)   MEMBERS OF THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP SHALL
 RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE  REIMBURSED  FOR
 ALL  EXPENSES  ACTUALLY AND NECESSARILY INCURRED BY THEM IN THE PERFORM-
 ANCE OF THEIR DUTIES.
   (K) THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP  SHALL  SUBMIT  BY
 JANUARY  THIRTIETH, TWO THOUSAND  TWENTY-SEVEN, AND ANNUALLY THEREAFTER,
 REPORTS  TO THE COMMISSIONER, THE GOVERNOR AND THE LEGISLATURE REVIEWING
 AND ANALYZING MATTERS OF CONCERN RELATED TO GROUP  HOMES.  SUCH  REPORTS
 SHALL  INCLUDE,  BUT  NOT  BE   LIMITED TO, A REVIEW OF COMMENTS MADE AT
 REGIONAL MEETINGS OF THE STATEWIDE GROUP HOME  FAMILIES  WORKING  GROUP,
 OTHER  MATTERS  OF  IMPORTANCE  DEEMED RELEVANT TO PERSONS WITH DEVELOP-
 MENTAL DISABILITIES RESIDING IN GROUP HOMES AND FAMILY AND GUARDIANS  OF
 PERSONS  WITH  DEVELOPMENTAL DISABILITIES RESIDING IN GROUP HOMES; AND A
 DESCRIPTION OF RECOMMENDATIONS FOR FUTURE ACTION BY THE STATE.
   (L) THE STATEWIDE GROUP HOME FAMILIES WORKING  GROUP  SHALL  REGULARLY
 COMMUNICATE  WITH  THE COMMISSIONER REGARDING ITS ACTIONS AND DUTIES AND
 SHALL FULFILL ITS OBLIGATIONS UNDER THIS SECTION IN  COLLABORATION  WITH
 THE  COMMISSIONER.  THE  COMMISSIONER  SHALL  PROVIDE  ASSISTANCE TO THE
 STATEWIDE GROUP HOME FAMILIES WORKING GROUP IN THE  FULFILLMENT  OF  ITS
 DUTIES  UPON THE REASONABLE REQUEST OF THE STATEWIDE GROUP HOME FAMILIES
 WORKING GROUP.
   § 3. Paragraph 1 of subdivision (b) of  section  5.07  of  the  mental
 hygiene law, as amended by section 3 of part N of chapter 56 of the laws
 of 2012, subparagraphs f and g as amended and subparagraph h as added by
 section  3  of  part  V of chapter 57 of the laws of 2021, is amended to
 read as follows:
   (1) The office of mental health, the office for people  with  develop-
 mental  disabilities  and  the office of [alcoholism and substance abuse
 services] ADDICTION SERVICES AND SUPPORTS shall  formulate  a  statewide
 comprehensive  five-year  plan  for the provision of all state and local
 services for persons with mental  illness,  developmental  disabilities,
 and/or  those  with  substance use or compulsive gambling disorders. The
 statewide comprehensive plan shall be based upon an  analysis  of  local
 services  plans  developed by each local governmental unit, in consulta-
 tion with consumers, consumer groups, providers of services and  depart-
 mental facilities that furnish behavioral health services in conformance
 with  statewide priorities and goals established with recommendations of
 the behavioral health services  advisory  council  [and],  the  advisory
 council on developmental disabilities AND THE STATEWIDE GROUP HOME FAMI-
 LIES WORKING GROUP. The plan shall:
   a. identify statewide priorities;
   b.  specify  statewide goals that reflect the statewide priorities and
 are focused on obtaining positive measurable outcomes;
   c. propose strategies and initiatives to address  the  priorities  and
 facilitate achievement of statewide goals;
   d.  identify  services and supports, which may include programs run or
 led by peers, that are designed to promote the health  and  wellness  of
 persons   with   mental   illness,  developmental  disabilities,  and/or
 substance use or compulsive gambling disorders;
   e. provide analysis of current and anticipated  utilization  of  state
 and local, and public and private facilities, programs, services, and/or
 supports;
 A. 1130                             4
 
   f.  encourage  and  promote  person-centered,  culturally and linguis-
 tically competent community-based programs, services, and supports  that
 reflect the partnership between state and local governmental units;
   g.  include  progress reports on the implementation of both short-term
 and long-term recommendations of the children's plan  required  pursuant
 to section four hundred eighty-three-f of the social services law; [and]
   h.  include  final  reports  for  time-limited  demonstration programs
 pursuant to subdivision (d) of section 41.35 of this chapter; AND
   I. INCLUDE A DISCUSSION OF THE RECOMMENDATIONS MADE BY THE  BEHAVIORAL
 HEALTH  SERVICES ADVISORY COUNCIL, THE ADVISORY COUNCIL ON DEVELOPMENTAL
 DISABILITIES AND THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP.
   § 4. Paragraph 4 of subdivision (b) of  section  5.07  of  the  mental
 hygiene  law,  as amended by chapter 412 of the laws of 2021, is amended
 to read as follows:
   (4) The commissioners of each of the offices shall be responsible  for
 the development of such statewide five-year plan for services within the
 jurisdiction  of  their  respective  offices and after giving due notice
 shall conduct one or more public hearings on such plan.  The  behavioral
 health services advisory council [and], the advisory council on develop-
 mental  disabilities AND THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP
 shall review the statewide five year  comprehensive  plan  developed  by
 such  office  or  offices and report its recommendations thereon to such
 commissioner or commissioners. Each commissioner shall submit the  plan,
 with  appropriate modifications, to the governor no later than the first
 day of November of each year in order that such plan may  be  considered
 with  the  estimates of the offices for the preparation of the executive
 budget of the state of New York for the  next  succeeding  state  fiscal
 year.  Such comprehensive plan shall be submitted to the legislature and
 also be posted to the website of  each  office.  Statewide  plans  shall
 ensure  responsiveness to changing needs and goals and shall reflect the
 development of new information and  the  completion  of  program  evalu-
 ations.  An  interim  report  detailing  the  commissioner's  actions in
 fulfilling the requirements of this section in preparation of  the  plan
 and  modifications  in  the  plan  of  services  being considered by the
 commissioner shall be submitted to the governor and the  legislature  on
 or  before the fifteenth day of March of each year.  Such interim report
 shall include, but need not be limited to:
   (a) actions to include participation of  consumers,  consumer  groups,
 providers  of  services and departmental facilities, as required by this
 subdivision; and
   (b) any modifications in the plan of services being considered by  the
 commissioner,  to  include:  (i)  compelling  budgetary, programmatic or
 clinical justifications  or  other  major  appropriate  reason  for  any
 significant  new  statewide  programs  or  policy  changes  from a prior
 (approved) five year comprehensive plan; and (ii) procedures to  involve
 or inform local governmental units of such actions or plans.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.