NY State Senate Bill 2015-S4094

Senate Bill S4094

Vetoed By Governor

2015-2016 Legislative Session

Provides for the continuity of care to persons with developmental disabilities upon diminution of state operated services to such persons

download bill text pdf

Archive: Last Bill Status Via A7332 - Vetoed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	tabled vetoed memo.239
Nov 10, 2015	delivered to governor
Jun 18, 2015	returned to assembly passed senate substituted for s4094
Jun 18, 2015	substituted by a7332 ordered to third reading cal.1814 committee discharged and committed to rules
Apr 29, 2015	reported and committed to finance
Feb 26, 2015	referred to mental health and developmental disabilities

Votes

- Jun 18, 2015 - Floor Vote
  A7332
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 18, 2015 - Rules Committee Vote
  S4094
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2015
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
  Apr 29, 2015 - Committee Vote
  S4094
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 29, 2015
      
      aye (8)
      
      Carlucci
      
      Felder
      
      Hannon
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      Seward
      
      aye wr (3)
      
      Hamilton
      
      Krueger
      
      Serrano

co-Sponsors

2015-S4094 (ACTIVE) - Details

See Assembly Version of this Bill:: A7332
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.17, Ment Hyg L

2015-S4094 (ACTIVE) - Summary

Provides for the continuity of care to persons with developmental disabilities upon diminution of state operated services to such persons.

2015-S4094 (ACTIVE) - Sponsor 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.

2015-S4094 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4094

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to  providing  state
  operated opportunities for people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13.17 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (d) to read as follows:
  (D)  1. THE COMMISSIONER SHALL ENSURE FOR CONTINUITY OF CARE FOR INDI-
VIDUALS WITH A DEVELOPMENTAL DISABILITY TRANSITIONING TO  LESS  RESTRIC-
TIVE  SETTINGS  PURSUANT  TO  ANY  CLOSURE, CONSOLIDATION, MERGER OR ANY
OTHER ACTION  THAT  DIMINISHES  CURRENT  STATE  OPERATED  SERVICES.  THE
COMMISSIONER SHALL ENSURE THAT INDIVIDUALS WITH A DEVELOPMENTAL DISABIL-
ITY  SO AFFECTED ARE GIVEN THE OPTION OF TRANSITIONING TO STATE OPERATED
SERVICES WITHIN THE  DEVELOPMENTALLY  DISABLED  SERVICE  OFFICES  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  SUCH  INDIVIDUAL  SHALL
REMAIN  IN  THE FACILITY OR RESIDENCE UNTIL SAID SERVICES ARE AVAILABLE.
THE COMMISSIONER SHALL DOCUMENT EACH OFFER OF  STATE  OPERATED  OPPORTU-
NITIES AND SHALL RETAIN A RECORD OF THE SERVICES OFFERED.
  2. IN THE EVENT NO SERVICES DESIRED BY THE INDIVIDUALS THAT ARE DEVEL-
OPMENTALLY  DISABLED  ARE EITHER AVAILABLE OR EXIST WITHIN CURRENT STATE
OPERATED SERVICES, THE OFFICE SHALL RECORD THE NAME, PARENT, GUARDIAN OR
ADVOCATE AND SERVICES THEY ARE SEEKING. THE COMMISSIONER SHALL DEVELOP A
RECORD OF SERVICES FOR STATE OPERATED SUPPORTIVE PLACEMENT OPTIONS  THAT
ARE NOT AVAILABLE WITH A PLAN TO ADDRESS THE UNMET NEEDS FOR THE FOLLOW-
ING  FISCAL  YEAR. SUCH COMMISSIONER SHALL SUBMIT THE PLAN TO THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  NO  LATER
THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09575-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4094

Share this bill

Sponsored By

Tom Libous