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Who cares
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Sponsors
1 Co-sponsor
History
- Substituted by A7332
- Ordered to third reading cal.1814
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for the continuity of care to persons with developmental disabilities upon diminution of state operated services to such persons
Vetoed · Sponsor Donna Lupardo
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4094
Title of bill
An act to amend the mental hygiene law, in relation to providing state operated opportunities for people with developmental disabilities
Purpose or general idea of bill
This bill would allow individuals with developmentally disabilities the opportunity to transition into state-operated community settings while still being taken care of by employees they know and trust. New York State should ensure that there are state operated choices for any indi- viduals with developmental disabilities that want them in their area.
Summary of specific provisions
Section 1. The commissioner of the office for people with developmental disabilities shall ensure that the continuity of care for individuals with a developmental disability by offering state operated services within the developmentally disabled service offices (DDSO) region where they are currently receiving services. If no such state service as requested by the individuals with a developmental disability or their parent, guardian or advocate are available then the client shall remain in the facility or residence until said services are available.
Section 2. The commissioner of the office for people with developmental disabilities shall develop a record of services state operated support- ive placement options that are not available with a plan to address the unmet needs for the following fiscal year. Such commissioner shall submit the plan to the temporary president of the senate and the speaker of the assembly no later than December 31st of each year.
Justification
New York Stated has used the Olmstead Decision of the United States Supreme Court to purposely take down services with their constant effort to close and downsize state institutions so that these services are not available as an option.
But the Olmstead Decision says that individuals with mental disabilities have the right to live in the community if "the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reason- ably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities."
Prior legislative history
New bill.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.