NY State Senate Bill 2025-S7794

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2025	reported and committed to finance
May 06, 2025	referred to disabilities

Votes

- May 27, 2025 - Disabilities Committee Vote
  S7794
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Disabilities Committee Vote: May 27, 2025
      
      aye (6)
      
      Ashby
      
      Fahy
      
      Martinez
      
      Persaud
      
      Scarcella-Spanton
      
      Weber

2025-S7794 (ACTIVE) - Details

See Assembly Version of this Bill:: A1130
Current Committee:: Senate Finance
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§13.03 & 5.07, add §13.05-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A9162
2023-2024: A159

2025-S7794 (ACTIVE) - Summary

Establishes the statewide group home families working group; provides that duties include informing and advising the commissioner as to matters of importance for persons with developmental disabilities residing in group homes and their families and guardians, providing recommendations for statewide and regional priorities and goals for individuals residing in group homes and families and guardians of individuals residing in group homes, advising the commissioner on such other matters related to group homes as the statewide group home families working group deems relevant, holding regional public meetings to solicit and receive input from residents of group homes and family members and guardians of residents of group homes, and any matter relating to the performance of their duties with relation to individuals in group homes and on policies, Establishes the statewide group home families working group; provides that duties include informing and advising the commissioner as to matters of importance for persons with developmental disabilities residing in group homes and their families and guardians, providing recommendations for statewide and regional priorities and goals for individuals residing in group homes and families and guardians of individuals residing in group homes, advising the commissioner on such other matters related to group homes as the statewide group home families working group deems relevant, holding public meetings to solicit and receive input from residents of group homes and family members and guardians of residents of group homes, and any matter relating to the performance of their duties with relation to individuals in group homes and on policies, goals, budget and operation of group homes.

2025-S7794 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7794

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to establishing the
statewide group home families working group

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a working group within the Office for People with Develop-
mental Disabilities that will hold meetings to solicit feedback on the
operation of group homes from residents of group homes and their fami-
lies and guardians, including but not limited to comments regarding care
and financial matters, to improve communication between the state and
group home residents and their families and guardians.

 
SUMMARY OF PROVISIONS:

Section 1 defines the term "group home"-as a community residence serving
people with developmental disabilities. Section 2 establishes the state-
wide group homes families working group, to be composed of eleven

members selected by the legislature from among residents of group homes
and families and guardians of residents of group homes.

Section 2 also sets out the duties of the statewide group homes families
working group, including (1) holding public meetings in order to solicit
feedback regarding group homes with an emphasis on residents, family,
and guardians, (2) reporting on its findings, and (3) developing advice
and recommendations related to group home operations. Section 3 requires
the consideration and discussion of recommendations of the statewide
group homes families working group in the statutorily required five-year
plan formulated by the Office for People with Developmental Disabilities
and the Office for Addiction Services and Supports for provision of
services for persons with mental illness, developmental disabilities,
and those affected by substance abuse or compulsive gambling disorders.
Section 4 provides for statewide group homes families working group
review of such five-year plan and reporting of its recommendations
regarding such five-year plan. Section 5 sets the effective date.

 
JUSTIFICATION:

Unfortunately, residents of group homes serving persons with develop-
mental disabilities need a better forum for providing feedback to the
state regarding operation of residential group homes. Existing channels
for input from residents and their families and guardians have not
resulted in the necessary conveyance of feedback to state government or
adequate responses to issues raised. This situation has been further
exposed and exacerbated by the COVID-19 pandemic. This is particularly
alarming because, persons with developmental disabilities living in
group homes are far more at risk than the general population; one study
analyzing data from the first few months of the pandemic found that the
COVID-19 case rate was 7,841 per 100,000 as compared to 1,910 per
100,000 for the general population of New York State, that the case-fa-
tality rate was 15% as compared to 7.9% in the general population of New
York State, and that the mortality rate was 1,175 per 100,000 as
compared to 151 per 100,000 for the general population of New York
State. (1) Other reports from early 2021 indicate that well over 10,000

group home staff have become infected with COVID-19 and that a number of
them have died as well. (2)

An investigatory report released by disability rights advocates in March
of 2021 further pinpointed some of the issues contributing to the heart-
breaking effects of COVID-19 on these individuals. Among its findings,
the report authors identified pervasive communication failures on the
part of the Office for People with Developmental Disabilities (OPWDD).
(3) The release of information by the state was generally constrained,
the channels for communication were limited for families, advocates, and
other stakeholders, and the report states that "New York State has
consistently withheld from the public vital information about COVID-19
infections and deaths amongst individuals residing in group homes or the
staff who support them."  The report further noted that OPWDD failed to
"employ best methods for anticipating and responding to potential ques-
tions from its divergent stakeholder groups."

Sadly, many families have voiced communications problems regarding group
homes for many years, not only with government, but also with other
organizations involved in the delivery of care. The consequences of
these difficulties include significant impacts on group home health,
quality of life, and relationships with family members and guardians.
The state must do more to serve this underserved population and estab-
lishing a new channel for more open and effective communication with
state government is a step in the right direction. This bill creates a
new working group composed of stakeholders which is dedicated to hearing
directly from group home residents and their families and guardians at
annual regional meetings across the state. The working group is
entrusted with guaranteeing that voices of residents, family members,
and guardians are heard by the Office for People with Developmental
Disabilities, the Legislature, and the Governor through reporting, and
by collaborating with relevant government entities to establish the
communication necessary for improving the operation of group homes serv-
ing persons with developmental disabilities.

Sources:

(1) Landes, Scott D. et al., "COVID-19 outcomes among people with intel-
lectual and developmental disability living in residential group homes
in New York State," Disability and Health Journal, 13(4) (2020).

(2) Cutler, Nancy, "Group homes told to take back COVID- positive
'asymptomatic' residents; more than 1.5% died," Rockland/Westchester
Journal News, Feb. 26, 2021.

(3) Disability Rights New York, New-York Civil Liberties Union, and New.
York Lawyers for the Public Interest, "New York State's Response to the
COVID-19 Pandemic Leaves Individuals with Intellectual and Developmental
Disabilities (I/DD) Behind," March 12, 2021,
https://www.drny.orgipage/pressreleases27.html

 
PRIOR LEGISLATIVE HISTORY:

2022-2023: A159

2021-2022: A 9162/ S7377

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect sixty days after becoming
law.

2025-S7794 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7794
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   statewide group home families working group
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.03 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision 3 to read as follows:
   3. "GROUP HOME" MEANS A COMMUNITY RESIDENCE AS DEFINED IN SECTION 1.03
 OF THIS CHAPTER, SERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 2. The mental hygiene law is amended by adding a new section 13.05-a
 to read as follows:
 § 13.05-A STATEWIDE GROUP HOME FAMILIES WORKING GROUP.
   (A)  THERE IS HEREBY ESTABLISHED A STATEWIDE GROUP HOME FAMILIES WORK-
 ING GROUP. THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP SHALL CONSIST
 OF ELEVEN MEMBERS TO BE APPOINTED AS FOLLOWS:
   1. ONE MEMBER SHALL BE THE COMMISSIONER OF THE OFFICE FOR PEOPLE  WITH
 DEVELOPMENTAL DISABILITIES, OR THEIR DESIGNEE;
   2. FOUR MEMBERS APPOINTED BY THE GOVERNOR;
   3. TWO MEMBERS SELECTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   4. TWO MEMBERS SELECTED BY THE SPEAKER OF THE ASSEMBLY;
   5. ONE MEMBER SELECTED BY THE MINORITY LEADER OF THE SENATE; AND
   6. ONE MEMBER SELECTED BY THE MINORITY LEADER OF THE ASSEMBLY;
   (B)  MEMBERS  SHALL  BE  PERSONS  WITH DEVELOPMENTAL DISABILITIES WITH
 LIVED EXPERIENCE RESIDING IN GROUP HOMES OR FAMILY MEMBERS OR  GUARDIANS
 OF  PERSONS WITH DEVELOPMENTAL DISABILITIES WITH LIVED EXPERIENCE RESID-
 ING IN GROUP HOMES.
   (C) THE GOVERNOR SHALL DESIGNATE  ONE  OF  THE  APPOINTED  MEMBERS  AS
 CHAIR.
   (D)  MEMBERS  SHALL  BE  APPOINTED FOR TERMS OF THREE YEARS. VACANCIES
 SHALL BE FILLED IN THE SAME   MANNER AS ORIGINAL  APPOINTMENTS  FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01472-03-5

 S. 7794                             2
 
 REMAINDER  OF  THE  UNEXPIRED TERM. THE DESIGNATION OF A MEMBER AS CHAIR
 SHALL BE MADE BIANNUALLY.
   (E)  THE  STATEWIDE  GROUP  HOME  FAMILIES WORKING GROUP SHALL HAVE NO
 EXECUTIVE, ADMINISTRATIVE OR APPOINTIVE DUTIES. THE DUTIES OF THE STATE-
 WIDE GROUP HOME FAMILIES WORKING GROUP SHALL  INCLUDE, BUT NOT BE LIMIT-
 ED TO:
   1. INFORMING AND ADVISING THE COMMISSIONER AS TO MATTERS OF IMPORTANCE
 FOR PERSONS WITH DEVELOPMENTAL DISABILITIES RESIDING IN GROUP HOMES  AND
 THEIR FAMILIES AND GUARDIANS;
   2. PROVIDING RECOMMENDATIONS FOR STATEWIDE AND REGIONAL PRIORITIES AND
 GOALS FOR INDIVIDUALS RESIDING IN GROUP HOMES AND FAMILIES AND GUARDIANS
 OF INDIVIDUALS RESIDING IN GROUP HOMES;
   3.  ADVISING  THE  COMMISSIONER ON SUCH OTHER MATTERS RELATED TO GROUP
 HOMES AS THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP DEEMS RELEVANT;
 AND
   4. SOLICITING AND RECEIVING INPUT FROM CURRENT AND FORMER RESIDENTS OF
 GROUP HOMES AND FAMILY MEMBERS AND GUARDIANS OF RESIDENTS OF GROUP HOMES
 REGARDING THE OPERATION OF GROUP HOMES, INCLUDING  BUT  NOT  LIMITED  TO
 CARE PROVIDED AND FINANCIAL MATTERS.
   (F)  THE  STATEWIDE  GROUP HOME FAMILIES WORKING GROUP SHALL ESTABLISH
 SUCH COMMITTEES AS DEEMED NECESSARY BY THE CHAIR.
   (G) THE STATEWIDE GROUP HOME FAMILIES  WORKING  GROUP  SHALL  MEET  AT
 LEAST  FOUR  TIMES  IN  EACH FULL CALENDAR YEAR AND AT LEAST ONCE DURING
 EACH CALENDAR QUARTER. IN ADDITION, THE STATEWIDE  GROUP  HOME  FAMILIES
 WORKING  GROUP  MAY HOLD SPECIAL MEETINGS AT THE REQUEST OF ITS CHAIR OR
 THE COMMISSIONER WITHIN TEN DAYS OF RECEIVING  WRITTEN  NOTICE  OF  SUCH
 MEETING.
   1.  NOTICE  OF  A  PUBLIC  MEETING  AND A PRINTED AGENDA, WHICH MAY BE
 SUBJECT TO LATER AMENDMENT, SHALL BE MADE AVAILABLE  TO  THE  PUBLIC  AT
 LEAST  FIFTEEN DAYS IN ADVANCE OF SUCH MEETING, INCLUDING BY PUBLICATION
 BY THE COMMISSIONER ON THE OFFICE'S WEBSITE.
   2. AT SUCH MEETINGS, INTERESTED PARTIES SHALL BE  PROVIDED  REASONABLE
 OPPORTUNITY, BOTH ORALLY AND IN WRITING, TO COMMENT REGARDING THE OPERA-
 TION  OF  GROUP  HOMES,  INCLUDING  BUT NOT LIMITED TO CARE PROVIDED AND
 FINANCIAL MATTERS.
   (H)  MEMBERS OF THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP  SHALL
 RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
 ALL EXPENSES  ACTUALLY AND NECESSARILY INCURRED BY THEM IN THE  PERFORM-
 ANCE OF THEIR DUTIES.
   (I)  THE  STATEWIDE  GROUP HOME FAMILIES WORKING GROUP SHALL SUBMIT BY
 JANUARY  THIRTIETH, TWO THOUSAND  TWENTY-SEVEN, AND ANNUALLY THEREAFTER,
 REPORTS TO THE COMMISSIONER, THE GOVERNOR AND THE LEGISLATURE  REVIEWING
 AND  ANALYZING  MATTERS  OF CONCERN RELATED TO GROUP HOMES. SUCH REPORTS
 SHALL INCLUDE, BUT NOT BE   LIMITED TO, A REVIEW  OF  COMMENTS  MADE  AT
 MEETINGS  OF  THE  STATEWIDE  GROUP  HOME  FAMILIES WORKING GROUP, OTHER
 MATTERS OF IMPORTANCE DEEMED  RELEVANT  TO  PERSONS  WITH  DEVELOPMENTAL
 DISABILITIES RESIDING IN GROUP HOMES AND FAMILY AND GUARDIANS OF PERSONS
 WITH   DEVELOPMENTAL   DISABILITIES  RESIDING  IN  GROUP  HOMES;  AND  A
 DESCRIPTION OF RECOMMENDATIONS FOR FUTURE ACTION BY THE STATE.
   (J) THE STATEWIDE GROUP HOME FAMILIES WORKING  GROUP  SHALL  REGULARLY
 COMMUNICATE  WITH  THE COMMISSIONER REGARDING ITS ACTIONS AND DUTIES AND
 SHALL FULFILL ITS OBLIGATIONS UNDER THIS SECTION IN  COLLABORATION  WITH
 THE  COMMISSIONER.  THE  COMMISSIONER  SHALL  PROVIDE  ASSISTANCE TO THE
 STATEWIDE GROUP HOME FAMILIES WORKING GROUP IN THE  FULFILLMENT  OF  ITS
 DUTIES  UPON THE REASONABLE REQUEST OF THE STATEWIDE GROUP HOME FAMILIES
 WORKING GROUP.
 S. 7794                             3
 
   § 3. Paragraph 1 of subdivision (b) of  section  5.07  of  the  mental
 hygiene law, as amended by section 3 of part N of chapter 56 of the laws
 of 2012, subparagraphs f and g as amended and subparagraph h as added by
 section  3  of  part  V of chapter 57 of the laws of 2021, is amended to
 read as follows:
   (1)  The  office of mental health, the office for people with develop-
 mental disabilities and the office of [alcoholism  and  substance  abuse
 services]  ADDICTION  SERVICES  AND SUPPORTS shall formulate a statewide
 comprehensive five-year plan for the provision of all  state  and  local
 services  for  persons  with mental illness, developmental disabilities,
 and/or those with substance use or compulsive  gambling  disorders.  The
 statewide  comprehensive  plan  shall be based upon an analysis of local
 services plans developed by each local governmental unit,  in  consulta-
 tion  with consumers, consumer groups, providers of services and depart-
 mental facilities that furnish behavioral health services in conformance
 with statewide priorities and goals established with recommendations  of
 the  behavioral  health  services  advisory  council [and], the advisory
 council on developmental disabilities AND THE STATEWIDE GROUP HOME FAMI-
 LIES WORKING GROUP. The plan shall:
   a. identify statewide priorities;
   b. specify statewide goals that reflect the statewide  priorities  and
 are focused on obtaining positive measurable outcomes;
   c.  propose  strategies  and initiatives to address the priorities and
 facilitate achievement of statewide goals;
   d. identify services and supports, which may include programs  run  or
 led  by  peers,  that are designed to promote the health and wellness of
 persons  with  mental  illness,   developmental   disabilities,   and/or
 substance use or compulsive gambling disorders;
   e.  provide  analysis  of current and anticipated utilization of state
 and local, and public and private facilities, programs, services, and/or
 supports;
   f. encourage and  promote  person-centered,  culturally  and  linguis-
 tically  competent community-based programs, services, and supports that
 reflect the partnership between state and local governmental units;
   g. include progress reports on the implementation of  both  short-term
 and  long-term  recommendations of the children's plan required pursuant
 to section four hundred eighty-three-f of the social services law; [and]
   h. include  final  reports  for  time-limited  demonstration  programs
 pursuant to subdivision (d) of section 41.35 of this chapter; AND
   I.  INCLUDE A DISCUSSION OF THE RECOMMENDATIONS MADE BY THE BEHAVIORAL
 HEALTH SERVICES ADVISORY COUNCIL, THE ADVISORY COUNCIL ON  DEVELOPMENTAL
 DISABILITIES AND THE STATEWIDE GROUP HOME FAMILIES WORKING GROUP.
   §  4.  Paragraph  4  of  subdivision (b) of section 5.07 of the mental
 hygiene law, as amended by chapter 412 of the laws of 2021,  is  amended
 to read as follows:
   (4)  The commissioners of each of the offices shall be responsible for
 the development of such statewide five-year plan for services within the
 jurisdiction of their respective offices and  after  giving  due  notice
 shall  conduct  one or more public hearings on such plan. The behavioral
 health services advisory council [and], the advisory council on develop-
 mental disabilities AND THE STATEWIDE GROUP HOME FAMILIES WORKING  GROUP
 shall  review  the  statewide  five year comprehensive plan developed by
 such office or offices and report its recommendations  thereon  to  such
 commissioner  or commissioners. Each commissioner shall submit the plan,
 with appropriate modifications, to the governor no later than the  first
 day  of  November of each year in order that such plan may be considered
 S. 7794                             4
 
 with the estimates of the offices for the preparation of  the  executive
 budget  of  the  state  of New York for the next succeeding state fiscal
 year. Such comprehensive plan shall be submitted to the legislature  and
 also  be  posted  to  the  website of each office. Statewide plans shall
 ensure responsiveness to changing needs and goals and shall reflect  the
 development  of  new  information  and  the completion of program evalu-
 ations. An  interim  report  detailing  the  commissioner's  actions  in
 fulfilling  the  requirements of this section in preparation of the plan
 and modifications in the  plan  of  services  being  considered  by  the
 commissioner  shall  be submitted to the governor and the legislature on
 or before the fifteenth day of March of each year.  Such interim  report
 shall include, but need not be limited to:
   (a)  actions  to  include participation of consumers, consumer groups,
 providers of services and departmental facilities, as required  by  this
 subdivision; and
   (b)  any modifications in the plan of services being considered by the
 commissioner, to include:  (i)  compelling  budgetary,  programmatic  or
 clinical  justifications  or  other  major  appropriate  reason  for any
 significant new statewide  programs  or  policy  changes  from  a  prior
 (approved)  five year comprehensive plan; and (ii) procedures to involve
 or inform local governmental units of such actions or plans.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S7794

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

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Votes

May 27, 2025 - Disabilities Committee Vote

Disabilities Committee Vote: May 27, 2025

2025-S7794 (ACTIVE) - Details

2025-S7794 (ACTIVE) - Summary

2025-S7794 (ACTIVE) - Sponsor Memo

2025-S7794 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Finance Committee

Actions

Votes

2025-S7794 (ACTIVE) - Details

2025-S7794 (ACTIVE) - Summary

2025-S7794 (ACTIVE) - Sponsor Memo

2025-S7794 (ACTIVE) - Bill Text download pdf

Comments