Bill Text: NY A09766 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to oversight of developmental disability care organizations and coordinate services.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Vetoed) 2014-11-21 - tabled [A09766 Detail]

Download: New_York-2013-A09766-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9766
                                 I N  A S S E M B L Y
                                     May 21, 2014
                                      ___________
       Introduced  by  M. of A. GUNTHER, GOTTFRIED -- read once and referred to
         the Committee on Mental Health
       AN ACT to amend the public health  law,  in  relation  to  developmental
         disability care organizations and coordinate services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (a) and (a-1) of subdivision 8 of  section  4403
    2  of the public health law, as added by section 74 of part A of chapter 56
    3  of the laws of 2013, are amended to read as follows:
    4    (a)  Such  organization must have the ability to provide or coordinate
    5  services for persons with developmental disabilities, as demonstrated by
    6  criteria to be determined by the commissioner and  the  commissioner  of
    7  the  office  for  people  with developmental disabilities. Such criteria
    8  shall include, but not be limited to, adequate experience  providing  or
    9  coordinating  services  for  persons  with developmental disabilities[.]
   10  UNDER THE REGULATORY OVERSIGHT OF THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
   11  MENTAL DISABILITIES;
   12    (a-1)  If  the  commissioner  and  the  commissioner of the office for
   13  people with developmental disabilities determine that such  organization
   14  lacks  the experience required in paragraph (a) of this subdivision, the
   15  organization shall have an affiliation arrangement  with  an  entity  or
   16  entities THAT ARE NON-PROFIT with experience serving persons with devel-
   17  opmental  disabilities  UNDER THE REGULATORY OVERSIGHT OF THE OFFICE FOR
   18  PEOPLE WITH DEVELOPMENTAL DISABILITIES such that the  affiliated  entity
   19  will  coordinate  and plan services operated, certified, funded, author-
   20  ized or approved by the office for people with  developmental  disabili-
   21  ties or will oversee and approve such coordination and planning;
   22    S  2.  Paragraphs (a) and (a-1) of subdivision 12 of section 4403-f of
   23  the public health law, as added by section 76 of part A of chapter 56 of
   24  the laws of 2013, are amended to read as follows:
   25    (a) Such plan must have the ability to provide or coordinate  services
   26  for  persons with developmental disabilities as demonstrated by criteria
   27  to be determined by the commissioner and the commissioner of the  office
   28  for people with developmental disabilities. Such criteria shall include,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15107-02-4
       A. 9766                             2
    1  but  not  be  limited  to, adequate experience providing or coordinating
    2  services for persons with developmental disabilities UNDER THE REGULATO-
    3  RY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
    4    (a-1)  If  the  commissioner  and  the  commissioner of the office for
    5  people with developmental disabilities determine that  such  plan  lacks
    6  the  experience  required in paragraph (a) of this subdivision, the plan
    7  shall have an affiliation arrangement with an entity  or  entities  THAT
    8  ARE  NON-PROFIT with experience serving persons with developmental disa-
    9  bilities UNDER THE REGULATORY OVERSIGHT OF THE OFFICE  FOR  PEOPLE  WITH
   10  DEVELOPMENTAL  DISABILITIES such that the affiliated entity will coordi-
   11  nate and  plan  services  operated,  certified,  funded,  authorized  or
   12  approved  by  the  office  for people with developmental disabilities or
   13  will oversee and approve such coordination and planning;
   14    S 3. This act shall take effect immediately, provided,  however,  that
   15  the amendments to subdivision 8 of section 4403 of the public health law
   16  made  by  section  one  of  this act shall not affect the repeal of such
   17  subdivision and shall be deemed repealed  therewith;  provided,  further
   18  that  the  amendments  to subdivision 12 of section 4403-f of the public
   19  health law made by section two of this act shall not affect  the  repeal
   20  of such subdivision and such section and shall be deemed repealed there-
   21  with.