Senate Bill S8671

                                 
BILL NUMBER: S8671

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 OR GENERAL IDEA OF BILL:

The purpose of this bill is to make permanent extend, the requirement of
the Commissioner of the Office for People with Developmental Disabili-
ties (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 resi-
dential alternative (IRA).

 
SUMMARY OF PROVISIONS:

              

Section 1 of this bill would permanently extend the requirement 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 appro-
priate 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.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:ò

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.