Potential Laws Impacting OPWDD & Developmental Disability Community 9/22/2018 Potential Laws Impacting OPWDD & Developmental Disability Community June 2016

2016 Session by the Numbers 18,923 bills introduced in both houses 9/22/2018 2016 Session by the Numbers 18,923 bills introduced in both houses 434 were tracked by OPWDD 28 OPWDD tracked bills passed both houses (including budget bills)

Family Matters A.3461c/S.5154c (Magnarelli/DeFrancisco) 9/22/2018 Family Matters A.3461c/S.5154c (Magnarelli/DeFrancisco) Established “Peter Faulk’s” law to expand health and death notifications Requires Article 81 guardianship orders to identify persons entitled to receive notice of transfer, death, funeral, and burial arrangements   A.9171a/S.8101 (Gunther/Ortt) & A.10206/S.7882 (Gunther/Carlucci) Chapter Amendment & Authorizes 3rd Party Administration of ABLE Accounts Allows Comptroller to contract with the existing third party administrator of the NYS College Choice Tuition Savings Program for the purpose of administering ABLE accounts S.4121a/A.10658 (Ritchie/Simon) Provides tax deduction for adopting child with special needs Creates a $10,000 individual taxpayer deduction for the adoption of a child with special needs S.6915a/A.10461 (Ortt/Englebright) Military family services: Maintain eligibility out of NY Allows a dependent of a military child to remain eligible for NY waiver services when living out of state and allows them to remain on any NY waiver waitlists.

9/22/2018 Program Bills OPWDD Program Bill: S.7410a/A.10556 (Carlucci/Titone) Authorizes OPWDD to Access Criminal Histories of individuals Authorizes OPWDD to access criminal history information of individuals receiving services contained in the Central Data Facility established by DCJS in the same manner as OMH. Requires the Commissioners of OPWDD and DCJS to enter into an agreement regarding the terms and conditions of such access. Requires the destruction of the record within fourteen days. Clarifies that individuals whose files are accessed will be notified of their ability to review the file and challenge its contents through DCJS. OPWDD Program Bill: A.10262/S.7899 (Richardson/Ortt) Exempts employees from revolving door restrictions Exempts those performing direct care, clinical care, case management, service coordination, or other related support duties from both the two-year and lifetime Public Officer’s Law bars when such employees: (i) leave State service; and (ii) then perform those same services for individuals formerly in their care.

9/22/2018 Program Bills Justice Center Program Bill: A.7226a/S.7584 (Gunther/Ortt) Expands Justice Center Oversight Authorizes the Justice Center to visit, inspect and appraise the management of schools and facilities located outside of New York State that serve New York State residents. Governor’s Program Bill: A.10707/S.8110 (Glick/LaValle) Nurse Practice Act exemption for home health care aides Exempt from the Nurse Practice Act (NPA), in conformance with regulations to be issued by the SED in consultation with the Department of DOH. Governor’s program Bill: S.8070/A.10653 (Amedore/Abbate) Implements PEF agreement (Governor’s Program Bill #25) Implement the provisions of the collective bargaining agreement negotiated by the Executive Branch and PEF. Appropriates $220 million to cover cost through March 31, 2017

Reporting Requirements 9/22/2018 Reporting Requirements A.10409/S.7677a (Gunther/Ortt) DSP workforce study Requires the OPWDD Commissioner to develop a report enumerating the causes of DSP turnover and vacancy rates and identify resources required to maintain staff at safe levels. A.10558a/S.8036a (Santabarbara/Nozzolio) Creates the Autism Spectrum Disorders Advisory Board Establishes a permanent autism advisory board consisting of nineteen members to meet quarterly and issue annual reports. S.7644a/A.10053a (Ortt/Gunther) Establishes Transformation Panel and Reporting Requirements Requires OPWDD to issue quarterly progress reports on implementation of the Transformation Panel Recommendations through April 1, 2020.

9/22/2018 SAPA & FOIL A.9615/S.7098 (Zebrowski/Murphy) Requires website posting of emergency regulations Amends SAPA to require that the full text of every emergency rule must be readily available to the public on a state agency website. A.10242/S.7660a (Zebrowski/Murphy) Expands SAPA requirements and Extends sunset provision Expands SAPA to add OPWDD to the list of executive agencies required to publish an annual regulatory agenda in the State Register and to entertain comments on the agenda. S.6448a/A9347-a (Murphy/Zebrowski) Requires new Rule submissions to include job impact Amends SAPA to revise the process for reviewing the impact of a proposed rule on jobs and employment opportunities. S.6865a/A.9711a (Ranzenhoffer/Buchwald) Expedites FOIL appeals Creates an expedited process for determining appeals of FOIL decisions for all governmental entities except the Judiciary.

Miscellaneous S.7132a/A.2125a (Ortt/Abinanti) 9/22/2018 Miscellaneous S.7132a/A.2125a (Ortt/Abinanti) Replaces term “mentally retarded” in Surrogate’s Court Procedure Act   Chapter 37 of 2016 A.9518/S.6858 (Simon/Avella) Replaces term “mental retardation” in Domestic Relations Law S.3651d/A.5074c (Ortt/McDonald) Establishes the "Complex Needs Patient Act" Requires all health HMO’s to provide adequate access to services and equipment provided by qualified complex rehabilitation technology suppliers. S.8041/A.10555 (Ranzenhoffer/Brennan) Delays implementation of employee as chairperson ban Delays implementation of the effective date of the prohibition on not-for-profit employees serving as chairperson of the board of directors until January 1, 2018.