Establishes a temporary epilepsy task force to develop eligibility guidelines for the office of metal retardation and developmental disabilities services for persons with epilepsy; requires such task force to report to the governor, commissioner of mental retardation and developmental disabilities, and the legislature within 18 months and such guidelines shall be implemented within 6 months of the filing of such report.
- Jan 4, 2012: referred to mental health
- Jan 24, 2011: referred to mental health
S T A T E O F N E W Y O R K ________________________________________________________________________ 3191 2011-2012 Regular Sessions I N ASSEMBLY January 24, 2011 ___________ Introduced by M. of A. LIFTON, SCHROEDER -- read once and referred to the Committee on Mental Health AN ACT to establish a temporary epilepsy task force and establishing the powers and duties thereof; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that the office for people with developmental disabilities promulgated an advisory guideline (August 10, 2001) that includes an eligibility standard for the services of such office that excludes many persons who are substan- tially handicapped by epilepsy. The legislature further finds that this advisory guideline conflicts with the mental hygiene law, which includes epilepsy in its definition of a "developmental disability". To correct this inconsistency and to adequately address the needs of consumers substantially handicapped by epilepsy, the legislature finds that a temporary epilepsy task force should be established. S 2. A temporary epilepsy task force is hereby established to develop eligibility guidelines that are sensitive to the disabling effects of epilepsy. Such task force shall develop a definition of "substantial handicap due to epilepsy", determine measurement instruments or mech- anisms that could be used to establish substantial handicap due to epilepsy, consider the potential progressive nature of epilepsy and address the "age of onset" requirement in qualifying for office for people with developmental disabilities services. S 3. The temporary epilepsy task force shall consist of 15 members. The commissioner of the office for people with developmental disabili- ties shall be the chair of such task force and a non-voting member. The remaining 14 members shall be appointed as follows: two members by the governor, two members by the temporary president of the senate, two members by the speaker of the assembly, two members by the minority EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07766-01-1 A. 3191 2 leader of the senate, two members by the minority leader of the assem- bly, one member by the New York State Epilepsy Coalition, one member by the Epilepsy Foundation of New York City, one member by the National Epilepsy Foundation of America, and one member by the American Epilepsy Society. All members shall be appointed only if they have demonstrated an active interest in the treatment of persons with epilepsy or in the field of developmental disabilities generally, with at least one of the two members appointed by the governor, temporary president of the senate, speaker of the assembly, minority leader of the senate and minority leader of the assembly being actively engaged in the treatment of people with epilepsy. Vacancies in the membership of such task force shall be filled in the manner provided for original appointments. S 4. The members of the temporary epilepsy task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in performing their duties pursuant to this act. S 5. To the maximum extent feasible, the temporary epilepsy task force shall be entitled to request and receive, and shall utilize and be provided with such facilities, resources and data of any court, depart- ment, division, board, bureau, commission or agency of the state or any political subdivision thereof as it may reasonably request to properly carry out its powers and duties. S 6. The temporary epilepsy task force shall report its findings, conclusions and recommendations to the governor, commissioner of the office for people with developmental disabilities and legislature within eighteen months of the effective date of this act. These recommendations shall be implemented as the eligibility standards for services provided by the office for people with developmental disabilities to people substantially handicapped by epilepsy within six months from the date of the filing of such report. S 7. This act shall take effect immediately and shall expire and be deemed repealed two years after such effective date.