Relates to residential transition conferences and the placement of persons with developmental disabilities
Summary
This bill would add a new section to the Mental Hygiene Law requiring certain residential service providers for people with developmental disabilities to give written notice before a proposed placement or transition. The notice must go to specified interested parties, including the current and receiving providers, the person receiving services, the person’s family unless the person objects, the guardian or legal representative, and the care manager. The notice must explain the proposed placement, the reason for it, and how to schedule, decline, or respond to a residential transition conference.
After notice is provided, the bill requires a residential transition conference to be held among the interested parties to discuss the proposed placement. The Office for People With Developmental Disabilities would be authorized to issue rules governing the notice process and the conference, including allowing the conference to be held virtually or by phone. The bill would take effect 180 days after becoming law, with immediate authorization for any needed regulatory changes.
Impact
The bill would amend the Mental Hygiene Law by creating a new procedural requirement for residential placements and transitions involving people with developmental disabilities. It would impose duties on covered operators that provide residential services under OPWDD oversight or funding, and it would expand the formal involvement of families, guardians, care managers, and providers in placement decisions. The measure primarily affects residential service providers and the administrative practices of the Office for People With Developmental Disabilities, rather than changing eligibility or entitlement standards for services.
Sentiment
Based on the bill text and its committee posture, the measure appears to be framed as a consumer- and family-notification bill intended to improve communication and coordination during residential transitions. There is no recorded vote or transcript in the provided materials, so no direct floor or committee debate is available. Its progression through the Assembly Committee on People with Disabilities suggests it was treated as a specialized policy proposal focused on service continuity and transparency.
Contention
The main potential points of contention are the added administrative obligations on residential providers and the extent to which families may participate when the person with developmental disabilities objects to their attendance. Another possible issue is how much discretion the Office for People With Developmental Disabilities will have to define notice content, procedures, and conference rules. Because the bill requires conferences for proposed placements, providers may view it as increasing process requirements, while advocates for individuals and families may support it as a safeguard against unilateral placement decisions.
Requires a residential transition conference when a person with developmental disabilities transfers from one program run by a covered operator to another program run by a covered operator; defines terms; specifies certain persons who shall attend such conference; requires covered operators to complete a form summarizing such conference and to file the form with the office for people with developmental disabilities.
Requires providers of residential services to developmentally disabled children to have electronic monitoring devices in the common areas of their residential facilities.
Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.
Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.
Requires the Commissioner of the Office for People with Developmental Disabilities to provide care for certain persons with developmental disabilities who have been admitted to hospitals or psychiatric facilities on an emergency basis.
Directs the office for people with developmental disabilities to conduct a study on the feasibility of establishing, implementing and expanding additional housing models that support independent living for people with intellectual and developmental disabilities; requires the office to submit a report on such study to the governor, the temporary president of the senate and the speaker of the assembly.
Authorizes holders of certain operating certificates for treatment of persons with developmental disabilities to employ or contract with applied behavior analysts and mental health counselors.