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.