S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8424
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2025
                                ___________
 
 Introduced  by  M.  of A. TAPIA -- (at request of the Justice Center for
   the Protection of People with Special Needs) -- read once and referred
   to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law and the surrogates  court  proce-
   dure  act,  in relation to the functions of the justice center for the
   protection of people  with  special  needs  (Part  A);  to  amend  the
   election  law  and the mental hygiene law, in relation to intra-agency
   reporting; to amend the  public  health  law,  in  relation  to  fraud
   control  and  making  technical  corrections;  and to amend the social
   services law, in relation to making technical corrections (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary for operations of the justice center  for  the  protection  of
 people  with  special needs. Each component is wholly contained within a
 Part identified as Parts A and B. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of this act", when used in connection with that  particular  component,
 shall  be  deemed  to mean and refer to the corresponding section of the
 Part in which it is found. Section two of this act sets forth the gener-
 al effective date of this act.
 
                                  Part A
 
   Section 1. Subdivision (b) of section 80.05 of the mental hygiene law,
 as amended by chapter 118 of the laws of 1995, is  amended  to  read  as
 follows:
   (b)  The members shall be appointed by the [commission] JUSTICE CENTER
 FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS ("JUSTICE CENTER").  The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10186-01-5
              

 A. 8424                             2
 
 [commission]  JUSTICE  CENTER  shall designate one member of each of the
 committees to serve as chairperson, who shall serve at the  pleasure  of
 the  [commission]  JUSTICE CENTER. [Members appointed as of July thirty-
 first,  nineteen  hundred  ninety shall serve for terms expiring on July
 thirty-first, nineteen hundred ninety-one.    Upon  expiration  of  such
 terms,  such  members may be appointed for terms of two years commencing
 on August first, nineteen hundred ninety-one.]  Any  additional  members
 [and members appointed due to vacancies] shall be appointed for terms of
 two  years  TO SERVE AT THE PLEASURE OF THE JUSTICE CENTER commencing on
 the date of completion of training by the [commission.  Members  may  be
 reappointed  for additional two year terms of office but] JUSTICE CENTER
 AND the provisions of section five of the public officers law shall  not
 apply  to such members. [The commission may assign a committee member to
 serve on an additional committee or committees as  deemed  necessary  or
 appropriate by the commission.]
   §  2.  Subdivision  (g) of section 80.03 of the mental hygiene law, as
 amended by section 11 of part H of chapter 58 of the laws  of  2005,  is
 amended to read as follows:
   (g) ["Commission" means the commission on quality of care and advocacy
 for  persons  with  disabilities.]  "JUSTICE  CENTER"  MEANS THE JUSTICE
 CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
   § 3. Subdivisions (a), (d) and (e) of  section  80.05  of  the  mental
 hygiene  law,  subdivisions (a) and (d) as amended by chapter 619 of the
 laws of 1990, and subdivision (e) as amended by chapter 198 of the  laws
 of 2008, are amended to read as follows:
   (a)  Surrogate  decision-making  committees of at least twelve persons
 shall be established by the [commission] JUSTICE  CENTER  in  geographic
 areas  of  the  state,  as may be designated by the [commission] JUSTICE
 CENTER. [A committee designated  after  April  first,  nineteen  hundred
 eighty-eight  shall  not accept applications for review pursuant to this
 article until April  first,  nineteen  hundred  eighty-nine  and  within
 appropriations made therefor.]
   (d)  A  member  who has failed to attend three consecutive meetings of
 the committee or panel to which the member has been appointed  shall  be
 considered to have vacated [his or her] THEIR office unless the [commis-
 sion] JUSTICE CENTER determines that the absences should be excused. The
 members  shall be reimbursed for their actual and necessary expenses and
 shall be considered public officers for the purpose of  sections  seven-
 teen, nineteen and seventy-four of the public officers law.
   (e) The committees shall have available to them such staff and assist-
 ance  as  may be deemed necessary by the [commission] JUSTICE CENTER. In
 providing for such staff and assistance, the [commission] JUSTICE CENTER
 may enter into agreements with nonprofit  organizations,  including  but
 not  limited  to  community  dispute resolution centers authorized under
 article twenty-one-A of the judiciary law, and the staff of such  organ-
 izations in carrying out such functions shall be considered public offi-
 cers for the purpose of sections seventeen, nineteen and seventy-four of
 the  public  officers  law.  Provided, however, the [commission] JUSTICE
 CENTER may not delegate pursuant to such agreements  responsibility  for
 the appointment of members to serve on surrogate decision-making commit-
 tees,  the  training  of  any  such members, the review of declarations,
 maintenance of the record of the hearing and original file, and  general
 oversight  of panel activities. Any information, books, records, or data
 which are confidential as provided for  by  law,  received  by  such  an
 organization  pursuant  to  an  agreement  with the [commission] JUSTICE
 CENTER, shall be kept confidential by the organization, and any  limita-
 A. 8424                             3
 
 tions  on  the  further  release  thereof, imposed by law upon the party
 furnishing the information, books, records or data, shall apply  to  the
 organization.
   §  4.  Paragraph  (a) of subdivision 1 of section 1750-b of the surro-
 gates court procedure act, as amended by chapter  198  of  the  laws  of
 2016, is amended to read as follows:
   (a)  For  the  purposes  of  making a decision to withhold or withdraw
 life-sustaining treatment pursuant to this section, in  the  case  of  a
 person  for  whom  no  guardian  has  been appointed pursuant to section
 seventeen hundred fifty or seventeen hundred fifty-a of this article,  a
 "guardian"  shall  also  mean  a  family  member of a person who (i) has
 intellectual disability, or (ii)  has  a  developmental  disability,  as
 defined  in  section  1.03 of the mental hygiene law, which (A) includes
 intellectual disability, or (B)  results  in  a  similar  impairment  of
 general  intellectual  functioning  or  adaptive  behavior  so that such
 person is incapable of managing [himself or herself, and/or his or  her]
 THEMSELF  AND/OR THEIR affairs by reason of such developmental disabili-
 ty. Qualified family members shall be included in a prioritized list  of
 said  family  members pursuant to regulations established by the commis-
 sioner of the office for people with  developmental  disabilities.  Such
 family  members  must  have  a  significant and ongoing involvement in a
 person's life so as to have sufficient knowledge  of  their  needs  and,
 when  reasonably  known or ascertainable, the person's wishes, including
 moral and religious beliefs. In the case of a person who was a  resident
 of  the  former  Willowbrook state school on March seventeenth, nineteen
 hundred seventy-two and those individuals who  were  in  community  care
 status  on  that  date  and  subsequently  returned  to Willowbrook or a
 related facility, who are fully represented  by  the  consumer  advisory
 board  and  who  have no guardians appointed pursuant to this article or
 have no qualified family members to make such a decision, then a "guard-
 ian" shall also mean the Willowbrook consumer advisory board. A decision
 of such family member or the  Willowbrook  consumer  advisory  board  to
 withhold  or  withdraw life-sustaining treatment shall be subject to all
 of the protections, procedures and safeguards which apply to  the  deci-
 sion  of  a  guardian  to withhold or withdraw life-sustaining treatment
 pursuant to this section.
   (A-1) In the case of a person for whom no guardian has been  appointed
 pursuant to this article or for whom there is no qualified family member
 or  the  Willowbrook  consumer  advisory  board available to make such a
 decision, a "guardian" shall also mean, notwithstanding the  definitions
 in  section 80.03 of the mental hygiene law, a surrogate decision-making
 committee, as defined in article eighty of the mental hygiene  law.  All
 declarations  and  procedures, including expedited procedures, to comply
 with this section shall be established by regulations promulgated by the
 [commission on quality of care and advocacy for persons  with  disabili-
 ties] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
   §  5. Section 80.13 of the mental hygiene law, as added by chapter 354
 of the laws of 1985, is amended to read as follows:
 § 80.13 [Committee reports] REPORTS TO THE JUSTICE CENTER.
   [The chairman of each committee shall provide a  quarterly  report  on
 the  activities  of  the  committee  and its panels to the commission on
 quality of care for the mentally disabled. Such report shall provide all
 information in the manner and form requested by  the  commission.]  UPON
 REQUEST  OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
 NEEDS, THE PROGRAM STAFF EMPLOYED PURSUANT TO SUBDIVISION (E) OF SECTION
 80.05 OF THIS ARTICLE SHALL PROVIDE A REPORT ON THE  ACTIVITIES  OF  THE
 A. 8424                             4
 
 COMMITTEE  AND  ITS  PANELS  CONTAINING ALL INFORMATION REQUESTED BY THE
 JUSTICE CENTER.
   § 6. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. The opening paragraph of section 5-211 of the election law,
 as amended by section 7 of part PP of chapter 56 of the laws of 2022, is
 amended to read as follows:
   Each  agency designated as a participating agency under the provisions
 of this section shall implement and administer a program of distribution
 of voter registration forms pursuant to the provisions of this  section.
 The  following  offices  which  provide public assistance and/or provide
 state funded programs primarily engaged in providing services to persons
 with disabilities are hereby designated as voter registration  agencies:
 designated as the state agencies which provide public assistance are the
 office  of  children  and  family  services, the office of temporary and
 disability assistance and the department of health. Also  designated  as
 public  assistance  agencies  are  all agencies of local government that
 provide such assistance.  Designated  as  state  agencies  that  provide
 programs primarily engaged in providing services to people with disabil-
 ities  are  the department of labor, office for the aging, department of
 veterans' services, office of mental health, office  of  vocational  and
 educational  services  for individuals with disabilities, [commission on
 quality of care for the mentally disabled] THE JUSTICE  CENTER  FOR  THE
 PROTECTION OF PEOPLE WITH SPECIAL NEEDS, office for people with develop-
 mental  disabilities,  commission  for  the  blind,  office of addiction
 services and supports, the office of the advocate for the  disabled  and
 all  offices  which  administer  programs  established or funded by such
 agencies. Additional participating agencies designated as  voter  regis-
 tration  offices are the department of state and the district offices of
 the workers' compensation board. Such  agencies  shall  be  required  to
 offer  voter  registration forms to persons upon initial application for
 services, renewal or recertification for services  and  upon  change  of
 address relating to such services. Such agencies shall also be responsi-
 ble for providing assistance to applicants in completing voter registra-
 tion  forms,  receiving  and transmitting the completed application form
 from all applicants who wish to have such form transmitted to the appro-
 priate board of elections. The state board of elections shall,  together
 with representatives of the United States department of defense, develop
 and  implement procedures for including recruitment offices of the armed
 forces of the United States as  voter  registration  offices  when  such
 offices  are so designated by federal law.  The state board of elections
 shall also make request of the United States Citizenship and Immigration
 Services to include applications for registration by mail with any mate-
 rials which are given to new citizens.
   § 2. Subdivisions (f), (h), (i), (j) and (n) of section  7.33  of  the
 mental hygiene law, subdivision (f) and (h) as amended by chapter 175 of
 the  laws  of 1986, subdivision (i) as amended by chapter 14 of the laws
 of 1990, paragraph 1 of subdivision (i) as amended by chapter 75 of  the
 laws  of  1992, subdivision (j) as amended by chapter 264 of the laws of
 1980 and as renumbered by chapter 84 of the laws of 1980,  and  subdivi-
 sion  (n)  as amended by chapter 376 of the laws of 1994, are amended to
 read as follows:
   (f) (1) Each board of visitors shall hold six bi-monthly regular meet-
 ings annually, but a greater number of regular meetings may be scheduled
 A. 8424                             5

 by the board. Each board of visitors shall establish in their by-laws or
 otherwise, in writing, whether these six meetings shall be  held  during
 months represented by odd numbers or months represented by even numbers.
 The  president of the board shall notify the [chairman of the commission
 on quality of care for the mentally disabled] EXECUTIVE DIRECTOR OF  THE
 JUSTICE  CENTER  FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS and the
 facility director of the determination made  concerning  the  designated
 months  for  the  six  bi-monthly regular meetings. The president of the
 board, the commissioner, the director, or the members as  determined  by
 the  rules of the board may call special meetings. The board may require
 the director to submit a report at each meeting. Each board shall keep a
 record of its proceedings and activities. A member of a board  of  visi-
 tors who has failed to attend three consecutive bi-monthly regular meet-
 ings  shall  be  considered  to  have  vacated [his] THEIR office unless
 otherwise ordered by the governor. The board shall cause notice  of  any
 of  its  public  meetings to be sent to the mental hygiene legal service
 located in the same judicial department  as  the  hospital.  The  mental
 hygiene legal service may send a representative to any such public meet-
 ing,  and may request the board to review patient complaints or investi-
 gate alleged incidents of abuse or mistreatment. The board shall  notify
 the  appropriate  representative  of the mental hygiene legal service of
 the board's actions and findings in relation to any such request.
   (2) The president of the board of visitors shall notify  a  member  by
 certified  or  registered  mail  with return receipt requested when such
 member of the board has failed to attend any two consecutive  bi-monthly
 regular  meetings.  This  notice shall be sent within ten days following
 the second meeting and shall include the dates of the two meetings which
 were missed, the date of the next  bi-monthly  regular  meeting,  and  a
 statement  concerning  the  consequences  of  failure to attend the next
 bi-monthly meeting.
   (3) Within three  days  after  the  third  consecutive  absence  at  a
 bi-monthly  regular  meeting  by a member, the president of the board of
 visitors shall notify, in writing, the governor, the  commissioner,  the
 [chairman  of  the  commission on quality of care for the mentally disa-
 bled] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER  FOR  THE  PROTECTION  OF
 PEOPLE  WITH  SPECIAL  NEEDS and the facility director of such absences.
 The president of the board of visitors shall send a copy of this  notice
 to  the member by registered or certified mail return receipt requested.
 The member may petition the governor to excuse [his] THEIR absences.  If
 the  governor does not excuse the absences within forty-five days of the
 date of the third consecutive meeting absence, the office of the  member
 shall be deemed vacated.
   (h)  Each  board  or any member of the board may visit and inspect the
 department facility at any time without prior notice and may  report  on
 conditions  to the governor, to the commissioner and to the [chairman of
 the state commission on quality of care for the mentally disabled] EXEC-
 UTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF  PEOPLE  WITH
 SPECIAL  NEEDS.  In  addition,  each board shall ensure that a member or
 committee of members shall inspect the department  facility  once  every
 three months without prior notice. A report on conditions may be submit-
 ted  to  the  governor,  to  the commissioner or to the [chairman of the
 state commission on quality of care for the mentally disabled] EXECUTIVE
 DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
 NEEDS.  Each board member shall visit and inspect the facility at  least
 twice during each calendar year. Within thirty days after the conclusion
 of each calendar year the president of the board of visitors shall noti-
 A. 8424                             6

 fy  the  governor,  the commissioner, the [chairman of the commission on
 quality of care for the mentally disabled]  EXECUTIVE  DIRECTOR  OF  THE
 JUSTICE  CENTER  FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS and the
 facility  director,  if  any member of the board has failed to visit and
 inspect the facility at least twice during that year. The  president  of
 the  board  of visitors shall send a copy of this notice by certified or
 registered mail return receipt  requested  to  the  member  to  whom  it
 pertains.  A  member  of a board of visitors who has failed to visit and
 inspect the facility at least twice a year shall be considered  to  have
 vacated  [his]  THEIR  office  unless  otherwise ordered by the governor
 within forty-five days after the end of the  calendar  year.  The  board
 shall have the power to investigate all charges against the director and
 all  cases  of  alleged  patient  abuse or mistreatment made against any
 employee and shall have the power to interview patients and employees of
 the facility in pursuit of such investigations. In  conducting  such  an
 investigation,  the  board  shall have the power, in accordance with the
 civil practice law and rules, to subpoena witnesses, compel their testi-
 mony, administer oaths to witnesses, examine witnesses under  oath,  and
 require  the  production  of  any books or papers deemed relevant to the
 investigation. A board or a member may include in the  report  or  sepa-
 rately  at  any time any matter pertaining to the management and affairs
 of the facility and may make recommendations to  the  governor,  to  the
 commissioner  and to the [chairman of the state commission on quality of
 care for the mentally disabled] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER
 FOR THE PROTECTION OF PEOPLE WITH SPECIAL  NEEDS.    Each  board  member
 shall  enter in a book, kept at each facility for that purpose, the date
 of each visit.
   (i) (1) Any member or members of the board may  visit  and  inspect  a
 family  care home, which is within the catchment area of the hospital on
 the board of which such member or members serve. Such member or  members
 shall  be  granted access to such facility and to all books, records and
 data pertaining to such facility deemed necessary for carrying  out  the
 purposes  of  such  visit. Information, books, records or data which are
 confidential as provided by law shall be kept confidential and any limi-
 tations on the release thereof imposed by law upon the party  furnishing
 the  information,  books,  records or data shall apply to such member or
 members of the board. After any such  visits  or  inspection,  a  report
 containing  findings  and recommendations may be submitted to the gover-
 nor, to the commissioner or to [the state commission on quality of  care
 for  the  mentally  disabled]  THE  JUSTICE CENTER FOR THE PROTECTION OF
 PEOPLE WITH SPECIAL NEEDS.
   (2) Any member or members of the board may visit and inspect a  commu-
 nity  residence  or  residential care center for adults, operated by the
 office of mental health, which is  within  the  catchment  area  of  the
 hospital on the board of which such member or members serve. Such member
 or  members  shall  be granted access to such facility and to all books,
 records and data pertaining to such facility deemed necessary for carry-
 ing out the purposes of such visit and inspection.  Information,  books,
 records  or data which are confidential as provided by law shall be kept
 confidential and any limitations on the release thereof imposed  by  law
 upon  the party furnishing the information, books, records or data shall
 apply to such member or members of the board. After any such  visits  or
 inspection,  a  report  containing findings and recommendations shall be
 submitted promptly to the commissioner and to the [chairman of the state
 commission on quality of  care  for  the  mentally  disabled]  EXECUTIVE
 A. 8424                             7
 
 DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
 NEEDS.
   (j) Once each year, each board shall make an independent assessment of
 conditions  at  the facility and shall submit a report on the assessment
 and recommendations to the governor, to  the  commissioner  and  to  the
 [chairman  of  the  state commission on quality of care for the mentally
 disabled] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF
 PEOPLE WITH SPECIAL NEEDS.
   (n) Each member shall attend, within one year of the initial  appoint-
 ment  or  any  subsequent reappointment, an orientation training program
 provided by the [commission on quality of care for  the  mentally  disa-
 bled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS for
 members of boards of visitors. The [chairman of the commission on quali-
 ty  of care for the mentally disabled] EXECUTIVE DIRECTOR OF THE JUSTICE
 CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS shall notify  the
 governor and the appointed member of any such member's failure to attend
 such a training program. A member who has failed to attend such a train-
 ing  program  scheduled  for  such  member  shall  be considered to have
 vacated [his] THEIR office unless  otherwise  ordered  by  the  governor
 within forty-five days after the notice.
   §  3.  Subdivisions  (h),  (i), and (n) of section 13.33 of the mental
 hygiene law, as amended by section 4 of part J of chapter 56 of the laws
 of 2012, are amended to read as follows:
   (h) Each board or any member of the board  may  visit  and  inspect  a
 state operated facility that is in the catchment area of the state oper-
 ations  region in which such member or members serve at any time without
 prior notice and may report  on  conditions  to  the  governor,  to  the
 commissioner  and to the [chairman of the state commission on quality of
 care and advocacy for persons with disabilities] EXECUTIVE  DIRECTOR  OF
 THE  JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS and,
 subject to confidential information being redacted to protect the confi-
 dentiality of individuals in such facility, to the  temporary  president
 of  the  senate  and  to  the speaker of the assembly. In addition, each
 board shall ensure that a member or committee of members  shall  inspect
 such  facility once every three months without prior notice. A report on
 conditions may be submitted to the governor, to the commissioner  or  to
 the  [chairman  of  the state commission on quality of care and advocacy
 for persons with disabilities] EXECUTIVE DIRECTOR OF THE JUSTICE  CENTER
 FOR  THE  PROTECTION OF PEOPLE WITH SPECIAL NEEDS and, subject to confi-
 dential information being redacted to  protect  the  confidentiality  of
 individuals  in  such facility, to the temporary president of the senate
 and to the speaker of the assembly.  Each board member shall  visit  and
 inspect  any  such  facility  at  least twice during each calendar year.
 Within thirty days after the conclusion of each calendar year, the pres-
 ident of the board of visitors shall notify the  governor,  the  commis-
 sioner,  the [chairman of the commission on quality of care and advocacy
 for persons with disabilities] EXECUTIVE DIRECTOR OF THE JUSTICE  CENTER
 FOR  THE  PROTECTION  OF  PEOPLE WITH SPECIAL NEEDS, and the state oper-
 ations director, if any member of the board  has  failed  to  visit  and
 inspect any such facility at least twice during that year. The president
 of  the  board of visitors shall send a copy of this notice by certified
 or registered mail return receipt requested to the  member  to  whom  it
 pertains.  A  member  of a board of visitors who has failed to visit and
 inspect a facility at least twice a year shall  be  considered  to  have
 vacated [his or her] THEIR office unless otherwise ordered by the gover-
 nor within forty-five days after the end of the calendar year. The board
 A. 8424                             8
 
 shall  have the power to investigate all charges against the state oper-
 ations director, and all cases of alleged patient abuse or  mistreatment
 made  against  any  employee,  and  shall  have  the  power to interview
 patients  and  employees  of  the facilities in pursuit of such investi-
 gations. In conducting such an investigation, the board shall  have  the
 power,  in accordance with the civil practice law and rules, to subpoena
 witnesses, compel their testimony, administer oaths to witnesses,  exam-
 ine  witnesses  under  oath,  and require the production of any books or
 papers deemed relevant to the investigation. A board  or  a  member  may
 include in the report or separately at any time any matter pertaining to
 the  management  and affairs of such facilities and may make recommenda-
 tions to the governor, to the commissioner and to the [chairman  of  the
 state  commission on quality of care and advocacy for persons with disa-
 bilities] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF
 PEOPLE WITH SPECIAL NEEDS. Each board member shall enter in a book, kept
 at each such facility for that purpose, the date of each visit.
   (i) (1) Any member or members of the board may  visit  and  inspect  a
 family  care  home  that is within the catchment area of the state oper-
 ations region in which such member or  members  serve.  Such  member  or
 members  shall  be  granted  access  to  such facility and to all books,
 records and data pertaining to such facility deemed necessary for carry-
 ing out the purposes of such visit. Information, books, records or  data
 that  are confidential as provided by law shall be kept confidential and
 any limitations on the release thereof imposed by  law  upon  the  party
 furnishing  the  information, books, records or data shall apply to such
 member or members of the board. After any such visits or inspections,  a
 report  containing  findings and recommendations may be submitted to the
 governor, to the commissioner or to the [state commission on quality  of
 care  and  advocacy for persons with disabilities] EXECUTIVE DIRECTOR OF
 THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL  NEEDS  and
 subject to confidential information being redacted to protect the confi-
 dentiality of individuals in such facility to the temporary president of
 the senate and to the speaker of the assembly.
   (2)  Any member or members of the board may visit and inspect a commu-
 nity residence operated by the  office  for  people  with  developmental
 disabilities  that  is within the catchment area of the state operations
 region in which such member or members serve.  Such  member  or  members
 shall  be  granted access to such facility and to all books, records and
 data pertaining to such facility deemed necessary for carrying  out  the
 purposes  of  such  visit and inspection. Information, books, records or
 data that are confidential as provided by law shall be kept confidential
 and any limitations on the release thereof imposed by law upon the party
 furnishing the information, books, records or data shall apply  to  such
 member  or  members of the board. After any such visits or inspection, a
 report  containing  findings  and  recommendations  shall  be  submitted
 promptly  to  the commissioner and to the [chairman of the state commis-
 sion on quality of care and  advocacy  for  persons  with  disabilities]
 EXECUTIVE  DIRECTOR  OF EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE
 PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
   (n) Each member shall attend, within one year of the initial  appoint-
 ment  or  any  subsequent reappointment, an orientation training program
 provided by the [commission on quality of care and advocacy for  persons
 with  disabilities]  EXECUTIVE  DIRECTOR  OF  THE JUSTICE CENTER FOR THE
 PROTECTION OF PEOPLE WITH SPECIAL NEEDS for members of boards  of  visi-
 tors.  The  [chairman  of the commission on quality of care and advocacy
 for persons with disabilities] EXECUTIVE DIRECTOR OF THE JUSTICE  CENTER
 A. 8424                             9

 FOR  THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS shall notify the gover-
 nor and the appointed member of any such member's failure to attend such
 a training program. A member who has failed to attend  such  a  training
 program  scheduled  for  such member shall be considered to have vacated
 [his] THEIR office unless  otherwise  ordered  by  the  governor  within
 forty-five days after the notice.
   §  4.  Section  16.13 of the mental hygiene law, as amended by chapter
 435 of the laws of 2005, subdivision (b) as added by section 8 of part C
 of chapter 501 of the laws of 2012, subdivision (e) as added by  chapter
 535 of the laws of 2019, is amended to read as follows:
 § 16.13 Duties of providers of services.
   It  shall  be  the  duty  of  every holder of an operating certificate
 issued pursuant to this article or organization whose  incorporation  or
 activities  require  the approval of the commissioner, or program funded
 or administered by the office to assist such office and the  [commission
 on  quality  of  care  for the mentally disabled] JUSTICE CENTER FOR THE
 PROTECTION OF PEOPLE WITH SPECIAL NEEDS in carrying out their respective
 regulatory and oversight functions by:
   (a) Complying with the applicable provisions of  this  chapter,  other
 applicable laws, and the regulations of the commissioner.
   (b)  Making  reports of allegations of reportable incidents in accord-
 ance with article eleven of the social services law  to  the  vulnerable
 persons'  central  register,  which shall screen and immediately forward
 reports that appear to allege crimes to the appropriate law  enforcement
 agency.
   (c)  Cooperating with the commissioner or his or her authorized repre-
 sentative and the [commission on quality of care for the mentally  disa-
 bled]  JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS or
 any representative authorized by the [chair of such  commission]  EXECU-
 TIVE  DIRECTOR  OF THE JUSTICE CENTER in any investigation or inspection
 conducted by the office or [such commission] THE JUSTICE CENTER.
   (d) Permitting the commissioner  or  [his  or  her]  THEIR  authorized
 representative  and  the [commission on quality of care for the mentally
 disabled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
 or any representative authorized by the [chair of such commission] EXEC-
 UTIVE DIRECTOR OF THE JUSTICE CENTER to inspect  its  facility  and  all
 books  and records, including financial records and client records, kept
 by it and to interview and examine any client  at  its  facility  except
 that no such client may be examined against [his or her] THEIR will.
   (e)  Posting a visible notice. Facilities licensed, certified or oper-
 ated by the office shall post signs in accordance with this subdivision.
 Such signs shall be posted and visible where employee notices are  post-
 ed,  be  not  less  than  eight and one-half inches by eleven inches and
 shall read: "In case of an emergency, dial 911".
   § 5. Paragraph 3 of subdivision (c) of section  16.34  of  the  mental
 hygiene  law,  as  amended  by section 1 of part H of chapter 501 of the
 laws of 2012, is amended to read as follows:
   3. "substantiated report" shall mean that,  after  investigation,  the
 [commission  on quality care and advocacy for persons with disabilities]
 JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL  NEEDS  or  the
 office  has determined, in writing, that a report filed by [such commis-
 sion] THE JUSTICE CENTER, by the office, or by a provider  certified  by
 the  office,  meets the criteria of abuse or serious neglect, as defined
 in this section, of a patient or consumer in a program  licensed,  oper-
 ated, or certified by the office and that the report and credible infor-
 mation submitted support the relevant allegations in the report or shall
 A. 8424                            10
 
 mean  that the prospective employee or volunteer was either found guilty
 in a disciplinary proceeding, or there was  a  settlement  agreement  in
 which the prospective employee or volunteer admitted guilt.
   §  6.  Subdivision  5  of  section 29.29 of the mental hygiene law, as
 amended by chapter 24 of the  laws  of  2007,  is  amended  to  read  as
 follows:
   5.  The  commissioners  shall  transmit  a copy of any report received
 pursuant to subdivision four of this section to the [state commission on
 quality of care and advocacy  for  persons  with  disabilities]  JUSTICE
 CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
   §  7.  Section  31.11 of the mental hygiene law, as amended by chapter
 435 of the laws of 2005, subdivision 2 as amended by chapter 558 of  the
 laws of 2011, subdivision 5 as added by chapter 491 of the laws of 2008,
 is amended to read as follows:
 § 31.11 Certain duties of providers of services.
   It  shall  be the duty of every holder of an operating certificate, or
 program funded or administered by the office of mental health to  assist
 the  department  and the [commission on quality of care for the mentally
 disabled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
 in carrying out their respective regulatory and oversight functions by:
   1. complying with the applicable provisions  of  this  chapter,  other
 applicable laws, and the regulations of the commissioner.
   2. making such reports as are necessary to provide notification to the
 district  attorney or other appropriate law enforcement official and the
 commissioner or [his or her] THEIR authorized representative as soon  as
 possible,  or in any event within three working days, if it appears that
 a crime may have been committed against  a  patient  receiving  services
 from such provider, unless it appears that the crime includes an employ-
 ee,  intern,  volunteer,  consultant,  contractor,  or  visitor  and the
 alleged conduct caused physical injury or the  patient  was  subject  to
 unauthorized  sexual  contact, or if it appears the crime is endangering
 the welfare of an incompetent or physically disabled person pursuant  to
 section  260.25  of  the penal law, or if the crime was any felony under
 state or federal law, then the district attorney  or  other  appropriate
 law enforcement official must be contacted immediately, and in any event
 no  later  than  twenty-four  hours  and such other reports, uniform and
 otherwise, as are required by the commissioner or  [his  or  her]  THEIR
 authorized  representative  with  respect to its operations. If there is
 reasonable cause to believe that the crime against the client  may  have
 occurred  in  a  facility  or  program  of  any  other  service provider
 licensed, certified, funded or operated by a state agency, the  adminis-
 trator  or  chief executive officer of such other service provider shall
 also be notified as soon as possible, or in any event within three work-
 ing days. Provided however, nothing herein shall require such report  to
 an administrator or chief executive officer of a provider who is alleged
 to  have  committed the crime. The commissioner may execute a memorandum
 of understanding with the commissioners of other appropriate state agen-
 cies to ensure the coordination and cooperation  of  such  agencies  and
 providers  of  services  with regard to the conduct of any investigation
 and prevention of unnecessary duplicative investigations resulting  from
 the  report  of an alleged crime that may have occurred in a facility or
 program of another service provider. Information obtained by the commis-
 sioner or the [commission on quality of care for the mentally  disabled]
 JUSTICE  CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS from the
 records of patients receiving services shall  be  kept  confidential  in
 accordance with the provisions of this chapter.
 A. 8424                            11
 
   3.  cooperating with the commissioner or [his or her] THEIR authorized
 representative and the [commission on quality of care for  the  mentally
 disabled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
 or any representative authorized by the [chair of such commission] EXEC-
 UTIVE  DIRECTOR OF THE JUSTICE CENTER in any investigation or inspection
 conducted by the department of mental hygiene or [commission on  quality
 of  care for the mentally disabled] JUSTICE CENTER FOR THE PROTECTION OF
 PEOPLE WITH SPECIAL NEEDS.
   4. permitting the commissioner or [his or her] THEIR authorized repre-
 sentative and the [commission on quality of care for the mentally  disa-
 bled]  JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS or
 any representative authorized by the [chair of such  commission]  EXECU-
 TIVE  DIRECTOR  OF  THE  JUSTICE  CENTER to inspect its facility and all
 books and records, including patient records, kept by it and  to  inter-
 view and examine any patient at its facility except that no such patient
 may be examined against [his or her] THEIR will.
   5.  providing,  to  the  office  of mental health, in a form or format
 requested by the commissioner, records requested by such office relating
 to persons as described in subdivision (j) of section 7.09 of this chap-
 ter who may be disqualified from possessing a firearm pursuant to 18 USC
 922(4)(d).
   § 8. Section 32.17 of the mental hygiene law, as added by chapter  558
 of the laws of 1999, is amended to read as follows:
 § 32.17 Certain duties of providers of services.
   It  shall  be  the duty of every holder of an operating certificate to
 assist both the office and the [commission on quality of  care  for  the
 mentally  disabled]  JUSTICE  CENTER  FOR  THE PROTECTION OF PEOPLE WITH
 SPECIAL NEEDS in carrying out  their  respective  and  joint  regulatory
 functions by:
   (a)  complying  with  the provisions of this chapter, other applicable
 federal, state, and local laws, rules, and regulations,  and  the  regu-
 lations of the commissioner.
   (b)  consistent  with federal and state confidentiality laws and regu-
 lations, making such reports as are required by the office  as  well  as
 those  necessary  to  provide  notification  to the district attorney or
 other appropriate law enforcement official and the commissioner or  [his
 or  her]  THEIR authorized representative as soon as possible, or in any
 event within three working days, if it appears that  a  crime  may  have
 been committed by program personnel against a patient receiving services
 from such provider, and/or if a crime may have been committed by program
 personnel  against  any  person  on such provider's premises, and making
 such other reports, uniform  and  otherwise,  as  are  required  by  the
 commissioner  or  [his  or  her]  THEIR  authorized  representative with
 respect to its operations. Information obtained by the commissioner from
 the records of patients receiving services shall be kept confidential in
 accordance with applicable federal and state  confidentiality  laws  and
 regulations.
   (c) cooperating with the commissioner or [his or her] THEIR authorized
 representative  and  the [commission on quality of care for the mentally
 disabled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
 or any representative authorized by the [chairperson of such commission]
 EXECUTIVE DIRECTOR  OF  THE  JUSTICE  CENTER  in  any  investigation  or
 inspection conducted by the department or [commission on quality of care
 for  the  mentally  disabled]  THE  JUSTICE CENTER FOR THE PROTECTION OF
 PEOPLE WITH SPECIAL NEEDS.
 A. 8424                            12
 
   (d) permitting the commissioner  or  [his  or  her]  THEIR  authorized
 representative  and  the [commission on quality of care for the mentally
 disabled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
 or any representative authorized by the [chairperson of such commission]
 EXECUTIVE DIRECTOR OF THE JUSTICE CENTER to inspect its facility and all
 books  and  records, including patient records, kept by it and to inter-
 view and examine any patient at its facility except that no patient  may
 be examined against [his or her] THEIR will.
   §  9.  Paragraph  12 of subdivision (a) of section 33.02 of the mental
 hygiene law, as amended by chapter 306 of the laws of 1995,  is  amended
 to read as follows:
   12.  bring any questions or complaints, including complaints regarding
 any orders limiting such residents' rights, to  the  facility  director,
 the  mental  hygiene legal service, the board of visitors if applicable,
 and the [commission on  quality  of  care  for  the  mentally  disabled]
 JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS; and
   §  10.  Subdivision (e) of section 33.13 of the mental hygiene law, as
 added by chapter 330 of the laws of 1993, is amended to read as follows:
   (e) Clinical information tending to identify patients or  clients  and
 clinical  records  maintained at a facility not operated by the offices,
 shall not be a public record and shall not be released to any person  or
 agency  outside  such  facility except pursuant to subdivisions (b), (c)
 and (d) of this section. The director of such a facility may consent  to
 the  release  of  such information and records, subject to regulation by
 the commissioner, pursuant to the exceptions stated in  subdivision  (c)
 of  this  section;  provided  that, for the purpose of this subdivision,
 such consent shall be deemed to be the consent otherwise required of the
 commissioner pursuant to subdivision (c) of  this  section.  Nothing  in
 this  subdivision  shall  be  construed  to limit, restrict or otherwise
 affect access to such clinical information  or  records  by  the  mental
 hygiene  legal  service,  the  [commission  on  quality  of care for the
 mentally disabled] JUSTICE CENTER FOR  THE  PROTECTION  OF  PEOPLE  WITH
 SPECIAL NEEDS or the offices when such access is authorized elsewhere in
 law.
   § 11. Subdivision 3 of section 32 of the public health law, as amended
 by chapter 672 of the laws of 2019, is amended to read as follows:
   3.  to  coordinate,  to  the  greatest  extent possible, activities to
 prevent, detect and investigate medical  assistance  program  fraud  and
 abuse  amongst  the  following:  the  department;  the offices of mental
 health, [alcoholism and substance abuse services] ADDICTION SERVICES AND
 SUPPORTS, temporary  disability  assistance,  and  children  and  family
 services  and the office for people with developmental disabilities; the
 [commission on quality of care and advocacy for persons  with  disabili-
 ties]  JUSTICE  CENTER  FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS;
 the department of education; the fiscal agent employed  to  operate  the
 medical assistance information and payment system; local governments and
 entities;  and  to work in a coordinated and cooperative manner with, to
 the greatest extent possible, the deputy attorney general  for  Medicaid
 fraud  control;  the  welfare  inspector  general,  federal prosecutors,
 district attorneys within the  state,  the  special  investigative  unit
 maintained  by  each  health insurer operating within the state, and the
 state comptroller;
   § 12. Section 2740 of the public health law, as amended by chapter 672
 of the laws of 2019, is amended to read as follows:
   § 2740. Traumatic brain injury program. The department shall have  the
 central  responsibility for administering the provisions of this article
 A. 8424                            13
 
 and otherwise coordinating the state's policies with respect to traumat-
 ic brain injury, in consultation with the office for people with  devel-
 opmental  disabilities,  the  office of mental health, the department of
 education,  the  office  of  [alcoholism  and  substance abuse services]
 ADDICTION SERVICES AND SUPPORTS, the department of social services,  the
 office  of  the advocate for the disabled and the [commission on quality
 of care for the mentally disabled] JUSTICE CENTER FOR THE PROTECTION  OF
 PEOPLE WITH SPECIAL NEEDS.
   §  13.  Subdivision  2  of  section 425 of the social services law, as
 amended by chapter 126 of the laws  of  2014,  is  amended  to  read  as
 follows:
   2. The department, after consultation with the division for youth, the
 division of criminal justice services, the department of mental hygiene,
 the  [commission  on  quality of care for the mentally disabled] JUSTICE
 CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL  NEEDS  and  the  state
 education  department  shall develop guidelines to be utilized by appro-
 priate state and local governmental agencies and authorized agencies  as
 defined  by subdivision ten of section three hundred seventy-one of this
 article which have responsibility for the care and protection  of  chil-
 dren,  in  evaluating  persons who have a criminal conviction record and
 who have applied to such agencies or provider agencies,  as  defined  in
 subdivision  three  of  section four hundred twenty-four-a of this title
 for employment or who have applied to such state agencies  or  licensing
 agency  as  defined  in subdivision four of section four hundred twenty-
 four-a of this title, for a license, certificate, permit or approval  to
 be  an  adoptive  parent,  provider  of  day care services in a day care
 center, family day care home or group family day care home, an  operator
 of  a camp subject to the provisions of article thirteen-B of the public
 health law, or an operator of  a  foster  family  home  subject  to  the
 provisions  of  subdivision  seven  of section five hundred one, section
 five hundred two or subdivision three of section  five  hundred  thirty-
 two-a  of  the  executive  law  or section three hundred seventy-six and
 three hundred seventy-seven of this article.
   § 14. Subdivision 1 of section 483-f of the social  services  law,  as
 amended  by  chapter  672  of  the  laws  of 2019, is amended to read as
 follows:
   1. The council, in accordance with section 7.43 of the mental  hygiene
 law, shall assist the commissioner of mental health with the implementa-
 tion  of  the children's plan, developed pursuant to chapter six hundred
 sixty-seven of the laws of two thousand six. State  child-serving  agen-
 cies  involved  in the development of such plan shall assist, as needed,
 with such plan's implementation and such agencies shall sign off on  all
 future reports and plans. Such agencies shall include, but not be limit-
 ed  to, the office of mental health, the office for people with develop-
 mental disabilities, the  office  of  [alcoholism  and  substance  abuse
 services] ADDICTION SERVICES AND SUPPORTS, the [commission on quality of
 care  and advocacy for persons with disabilities] JUSTICE CENTER FOR THE
 PROTECTION OF PEOPLE WITH SPECIAL NEEDS,  the  office  of  children  and
 family  services,  the  state  education  department,  the department of
 health, and the department of probation and correctional alternatives.
   § 15. This act shall take effect immediately.
   § 2. This act shall take effect immediately  provided,  however,  that
 the  applicable  effective date of Parts A and B of this act shall be as
 specifically set forth in the last section of such Parts.