Relates to transitional care

BILL NUMBER:S1696 Revised 03/09/15

Title of bill

An act to amend the mental hygiene law, in relation to transitional care

Purpose

To preserve the majority of due process protections for people with developmental disabilities as provided by chapter 478 of the laws of 2014.

Summary of provisions

The bill would amend mental hygiene law by:

*Preserving the newly created requirement that notice be given in writing, however, certified mail transmittal is not required.

*Preserving the requirement that another person, other than the developmentally disabled person receiving transitional care, be provided written notice of the Office for People with Developmental Disabilities' (OPWDD) intended change in placement, however, a third person need not be notified.

*Preserving the requirement that interested parties be given adequate advance written notice in advance of the date of OPWDD's intended change of placement, and during such notice period, interested parties can initiate an administrative appeal, however, the minimum advance notice is 30 days rather than 45 days.

*Preserving the requirements that OPWDD's determination be provided in writing to an objecting party; that such determination shall be the final administrative remedy provided by OPWDD; and that such determination shall be subject to further appeal through judicial review pursuant to Article 78 of the Civil Practice Laws and Rules.

Justification

In 2014, S.7374 was chaptered (478), providing much needed due process protections for developmentally disabled persons who "age out" of special education funding at their current residential facilities and object to the particular appropriateness of OPWDD's proposed transfer and placement.

Due to the fiscal impact and constraints on the State's ability to expeditiously transition individuals to other facilities, the Executive and Legislature agreed to enact a chapter amendment. The result of such an agreement has been the preservation of many of the due process protections established by chapter 478 of the laws of 2014.

Legislative history

This is a new bill.

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date as chapter 478 of the laws of 2014 took effect.