N.Y. Mental Hygiene Law § 13.05: Developmental disabilities advisory council

§ 13.05 Developmental disabilities advisory council.

(a) There is hereby established a developmental disabilities advisory

council. The council shall consist of the commissioner, the chairman of

the conference of local mental hygiene directors or his or her designee,

and at least thirty-three members to be appointed by the governor.

Beginning on and after June thirtieth, two thousand twenty-two, the

council shall consist of thirty-five members, including the

commissioner, the chairman of the conference of local mental hygiene

directors or his or her designee, four members to be appointed by the

temporary president of the senate, four members to be appointed by the

speaker of the assembly, one member to be appointed by the minority

leader of the senate, one member to be appointed by the minority leader

of the assembly and twenty-three members to be appointed by the

governor. Any current member shall be allowed to finish his or her term.

The commissioner shall oversee and assist with the transition to the

makeup of the council after such date, ensuring that as current members'

terms expire, the council appoints members in the manner set forth in

this subdivision. Members shall be appointed only if they have

demonstrated an active interest in or have obtained professional

knowledge in the care of persons with developmental disabilities or in

the field of developmental disabilities generally. The governor shall

designate one of the appointed members as chair. The council shall at

all times include in its membership representatives of community service

board developmental disabilities subcommittees, providers of services

and non-governmental organizations concerned with services for persons

with developmental disabilities. At least one-third of the membership of

the advisory council shall consist of consumer representatives including

persons with developmental disabilities, or their parents or guardians.

(b) Members shall be appointed for terms of three years provided,

however, that of the members first appointed, one-third shall be

appointed for one year terms and one-third shall be appointed for two

year terms. Vacancies shall be filled in the same manner as prescribed

in subdivision (a) of this section. The designation of a member as chair

shall be made bi-annually.

(c) The developmental disabilities advisory council shall have no

executive, administrative or appointive duties. The council shall have

the duty to foster public understanding and acceptance of developmental

disabilities. It shall, in cooperation with the commissioner of

developmental disabilities, provide recommendations for statewide

priorities and goals for services for individuals with developmental

disabilities and shall advise the commissioner on matters related to

development and implementation of the statewide comprehensive plan as

required under section 5.07 of this chapter. The advisory council shall

have the power to consider any matter relating to the improvement of the

state developmental disabilities program and shall advise the

commissioner of developmental disabilities thereon and on any matter

relating to the performance of their duties with relation to individuals

with developmental disabilities and on policies, goals, budget and

operation of developmental disabilities services.

1. The council shall establish such committees as deemed necessary by

the chair with advice from the commissioner. Such committees shall

consider matters related to the various service populations served, and

programs certified by the office, as well as other matters, including

planning, fiscal, and consumer affairs. The council shall prepare and

issue such reports on its activities as deemed necessary.

2. The council shall meet at least four times in each full calendar

year. The council shall meet at the request of its chair or the

commissioner.

(d) Members of the advisory council shall receive no compensation for

their services but shall be reimbursed for all expenses actually and

necessarily incurred by them in the performance of their duties.

(e) At least thirty days prior to his or her final approval of

regulations, other than emergency regulations, the commissioner shall

submit proposed regulations to the council for its review. The council

shall review all proposed regulations and report its recommendations on

the proposed regulations to the commissioner within thirty days. Such

period may be extended upon the agreement of the commissioner.

(f) The council shall assist the commissioner of developmental

disabilities with the development and assessment of the triennial state

developmental disabilities plan issued by the office. To ensure the full

use of existing specialized and generic services in the community, to

ensure that all providers and appropriate local governmental agencies

are involved, and to ensure that local services to persons with

developmental disabilities and their families are readily available and

accessible, the council shall periodically assess the local planning

process and make recommendations thereon to the commissioner and to the

council for mental hygiene planning.

* (g) The developmental disabilities advisory council shall produce a

report to review the impact and the state's response to the COVID-19

state disaster emergency, as declared by executive order two hundred two

of two thousand twenty, as it relates to individuals with intellectual

or developmental disabilities. The office and the department of health

shall provide technical assistance and access to data as is required for

the council to effectuate such review and produce such report. The

report shall include, but not be limited to:

(i) a timeline and inventory of any and all relevant executive orders,

guidance and regulations put forth by the department of health, the

office, the executive or any other agency between March first, two

thousand twenty and April first, two thousand twenty-one in response to

the COVID-19 outbreak;

(ii) a timeline of any outreach conducted by the office with

stakeholders, including self-advocates, family advocates and voluntary

providers and what, if any, changes to guidance were made as a result of

such communication with stakeholders;

(iii) any actions or guidance the office, the department of health

and/or any other agency took to minimize exposure of COVID-19 between

residents and staff;

(iv) an inventory of actions the office, the department of health

and/or any other agency took to assist in the procurement or

provisioning of personal protective equipment for residents and staff in

state operated facilities, and facilities operated by voluntary

providers. For purposes of this section, "personal protective equipment"

shall mean all equipment worn or used to minimize exposure to a

communicable disease, including but not limited to gloves, masks and

face shields;

(v) an inventory of costs incurred by the office related to responding

to COVID-19;

(vi) an inventory of actions the office, the department of health

and/or any other agency took to assist underserved communities including

but not limited to racial and ethnic minority communities; and

(vii) specific challenges that were faced with regards to individuals

with intellectual and developmental disabilities.

(2) The developmental disabilities advisory council shall also

evaluate policies, procedures, and programs that were implemented during

the course of the COVID-19 pandemic to determine the efficacy on safety.

(3) The developmental disabilities advisory council shall provide

recommendations of changes to any laws or regulations that impeded

response to COVID-19 to the legislature.

(4) Such report shall be submitted to the governor, the temporary

president of the senate and the speaker of the assembly no later than

nine months from the effective date of this subdivision and shall be

made publicly available online.

* NB Repealed 10 days after transmission of the report of the findings

by the developmental disabilities advisory council to the governor, the

temporary president of the senate and the speaker of the assembly

(h) The developmental disabilities advisory council shall publish a

comprehensive summary of information about their activities to the

office's website annually, in an accessible format. Such information

shall include, at minimum:

1. actions taken to foster public understanding and acceptance of

developmental disabilities;

2. recommendations made to the commissioner related to statewide

priorities and goals for services for individuals with developmental

disabilities, and the implementation of the statewide comprehensive plan

as required under section 5.07 of this chapter; and

3. any other actions taken by the council related to their duties.