Senate Bill S4845

                                 
BILL NUMBER: S4845

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend part Q of chapter 59 of the laws of 2016 amending the
mental hygiene law relating to the closure or transfer of a state-oper-
ated individualized residential alternative, in relation to the effec-
tiveness thereof

 
PURPOSE:

The purpose of this bill is to extend, until March 31, 2026, the
requirement of the Commissioner of the Office for People with Develop-
mental Disabilities (OPWDD) to provide appropriate and timely notifica-
tion to the temporary president of the senate, and the speaker of the
assembly, and to appropriate representatives of impacted labor organiza-
tions in the event of a closure or transfer of a state-operated individ-
ualized residential alternative (IRA).

 
SUMMARY OF SPECIFIC PROVISIONS:

              

Section 1 of this bill would extend, until March 31, 2026, the require-
ment of the Commissioner of the Office for People with Developmental
Disabilities (OPWDD) to provide appropriate and timely notification to
the temporary president of the senate, and the speaker of the assembly,
and to appropriate representatives of impacted labor organizations in
the event of a closure or transfer of a state-operated individualized
residential alternative (IRA).

Section 2 of this bill provides that the effective date shall take
effect immediately.

 
JUSTIFICATION:

State Operated individualized residential alternatives (IRAs) are an
essential component of the OPWDD service delivery system. Thousands of
individuals with disabilities receive high quality care in these
settings, but, more importantly, such individuals have made state oper-
ated IRA's their homes. Many individuals have formed meaningful
relationships with their direct care staff in their home and found
purpose within their community. It is unconscionable to require these
individuals to uproot their lives without due process and notice, unless
there is a genuine emergency. Additionally, the closure and transfer of
IRAs has a significant impact on the direct care workforce, requiring
staff to search for alternative placement and severing their trusting
relationships with the patients they serve.  This legislation would
require the notification before the closure or transfer of services as
soon as practicable and no later than 45 days prior to such change.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.