NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10442
TITLE OF BILL: An act to amend the mental hygiene law, in relation to
prohibiting the head of the office for people with developmental disa-
bilities from changing the auspice of any individualized residential
alternative that is operated by the state
This legislation would prohibit the Office for People with Developmental
Disabilities from changing the auspice of a state-operated individual-
ized residential alternative.
SUMMARY OF PROVISIONS:
The bill amends Section 13.17 of the mental hygiene law.
This bill would prohibit the Office for People with Developmental Disa-
bilities from outsourcing individualized residential alternatives (IRA)
operated by the state as of the effective date of this act to private
IRAs are a community residence that provide individuals receiving
services through OPWDD with room, board and individualized service
options. IRAs provide staff support and supervision based upon the needs
of the individuals and also help provide day services, such as day
habilitation, prevocational services and supported employment.
Many IRA residents have lived in the same home for years. Over this
time, the individual, and many times their families, develop relation-
ships with the dedicated staff that take care of them for years at a
In past years, the state has changed, or attempted to change, the opera-
tor of an IRA from the state to a private entity. The outsourcing of
this work is a detriment to the individuals receiving services, fami-
lies, and workers in these IRAs. This legislation will prevent the state
from any further outsourcing of these homes and will ensure stability
and continuity of care for clients in them.
This act shall take effect immediately. Effective immediately the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made on or before such date.
STATE OF NEW YORK
April 23, 2018
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to prohibiting the
head of the office for people with developmental disabilities from
changing the auspice of any individualized residential alternative
that is operated by the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13.17 of the mental hygiene law is amended by
2 adding a new subdivision (e) to read as follows:
3 (e) Notwithstanding any law to the contrary, the commissioner shall
4 not change the auspice of any individualized residential alternative
5 that is, as of the effective date of this subdivision, operated by the
7 § 2. This act shall take effect immediately. Effective immediately the
8 addition, amendment and/or repeal of any rule or regulation necessary
9 for the implementation of this act on its effective date are authorized
10 to be made on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.