Assembly Bill A8982

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8982
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
   on People with Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to requiring a resi-
   dential  transition  conference when a person with developmental disa-
   bilities transfers from one program  run  by  a  covered  operator  to
   another program run by a covered operator
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 16.39 to read as follows:
 § 16.39 RESIDENTIAL TRANSITION CONFERENCES.
   (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (1)  "COVERED  OPERATOR" SHALL MEAN ANY HOLDER OF AN OPERATING CERTIF-
 ICATE  ISSUED  PURSUANT  TO  THIS  ARTICLE  THAT  PROVIDES   RESIDENTIAL
 SERVICES, ANY ORGANIZATION PROVIDING RESIDENTIAL SERVICES WHOSE INCORPO-
 RATION  OR  ACTIVITIES  REQUIRE THE APPROVAL OF THE COMMISSIONER, OR ANY
 PROGRAM FUNDED OR ADMINISTERED BY THE OFFICE THAT  PROVIDES  RESIDENTIAL
 SERVICES.
   (2)  "INDIVIDUALIZED SERVICE PLAN" OR "LIFE PLAN" SHALL MEAN A WRITTEN
 DOCUMENT THAT OUTLINES A PERSON WITH DEVELOPMENTAL DISABILITIES':  GOALS
 AND  DESIRED  OUTCOMES;  HABILITATION  GOALS; STRENGTHS AND PREFERENCES;
 ASSESSED CLINICAL AND SUPPORT NEEDS (WHETHER PAID OR  UNPAID);  SERVICES
 AND PROVIDERS; AND SAFEGUARDS, INCLUDING BACK-UP PLANS AND STRATEGIES.
   (B) IT SHALL BE THE DUTY OF EVERY COVERED OPERATOR TO PARTICIPATE IN A
 RESIDENTIAL  TRANSITION  CONFERENCE  BEFORE  A PERSON WITH DEVELOPMENTAL
 DISABILITIES ENTERS SUCH COVERED OPERATOR'S RESIDENTIAL PROGRAM  FROM  A
 PROGRAM  RUN  BY  ANOTHER  COVERED  OPERATOR OR LEAVES THEIR RESIDENTIAL
 PROGRAM FOR A PROGRAM RUN BY ANOTHER  COVERED  OPERATOR.  ATTENDANCE  AT
 SUCH CONFERENCE SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13418-01-5
 A. 8982                             2
              

 
   (1)  THE  COVERED OPERATOR WHO CURRENTLY SERVES A PERSON WITH DEVELOP-
 MENTAL DISABILITIES;
   (2) THE COVERED OPERATOR WHO WILL SERVE SUCH PERSON WITH DEVELOPMENTAL
 DISABILITIES AFTER THE TRANSITION;
   (3)  THE  PERSON  WITH  DEVELOPMENTAL  DISABILITIES WHO IS ENTERING OR
 LEAVING SUCH RESIDENTIAL PROGRAM, UNLESS  SUCH  PERSON'S  ATTENDANCE  IS
 CONTRAINDICATED FOR REASONS OF HEALTH OR SAFETY;
   (4)  THE  PERSON  WITH DEVELOPMENTAL DISABILITIES' FAMILY, UNLESS SUCH
 PERSON OBJECTS TO THEIR FAMILY'S ATTENDANCE;
   (5) THE PERSON WITH  DEVELOPMENTAL  DISABILITIES'  GUARDIAN  OR  LEGAL
 REPRESENTATIVE; AND
   (6) THE PERSON WITH DEVELOPMENTAL DISABILITIES' CARE MANAGER.
   (C)  (1) THE PURPOSE OF THE RESIDENTIAL TRANSITION CONFERENCE SHALL BE
 FOR THE COVERED OPERATOR WHO CURRENTLY SERVES THE PERSON  WITH  DEVELOP-
 MENTAL  DISABILITIES  TO REVIEW AND DISCUSS SUCH PERSON'S LIFE PLAN WITH
 THE COVERED OPERATOR WHO  WILL  BE  SERVING  THE  INDIVIDUAL  AFTER  THE
 COMPLETION  OF THE TRANSITION, AS WELL AS TO PROVIDE THE OTHER ATTENDEES
 OF SUCH CONFERENCE WITH AN OPPORTUNITY TO ASK QUESTIONS OR PROVIDE ADDI-
 TIONAL INFORMATION REGARDING SUCH LIFE PLAN TO THE COVERED OPERATOR  WHO
 WILL BE SERVING THE INDIVIDUAL AFTER THE COMPLETION OF THE TRANSITION.
   (2)  AT  THE CONCLUSION OF THE RESIDENTIAL TRANSITION CONFERENCE, BOTH
 COVERED OPERATORS SHALL COMPLETE AND SIGN  A  FORM  PROMULGATED  BY  THE
 COMMISSIONER  SUMMARIZING  THE CONTENTS OF THE CONFERENCE. THE COMPLETED
 FORM AND ANY RELEVANT ACCOMPANYING DOCUMENTS SHALL BE TRANSMITTED TO THE
 OFFICE IN A MANNER SPECIFIED BY THE OFFICE. COPIES OF THE COMPLETED FORM
 AND ANY ACCOMPANYING MATERIALS SHALL BE  PROVIDED  TO  THE  PERSON  WITH
 DEVELOPMENTAL DISABILITIES, SUCH PERSON'S LEGAL REPRESENTATIVE, AND BOTH
 COVERED OPERATORS. THE COPIES RECEIVED BY THE COVERED OPERATORS SHALL BE
 RETAINED AS PART OF THE PERSON WITH DEVELOPMENTAL DISABILITIES' RECORDS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment, and/or repeal of any rule or regulation necessary for  the  imple-
 mentation  of  this  act on its effective date are authorized to be made
 and completed on or before such effective date.