N.Y. Mental Hygiene Law § 13.07: Office for people with developmental disabilities; scope of responsibilities

§ 13.07 Office for people with developmental disabilities; scope of

responsibilities.

(a) The office for people with developmental disabilities shall assure

the development of comprehensive plans, programs, and services in the

areas of research, prevention, and care, treatment, habilitation,

rehabilitation, vocational and other education, and training of

individuals with developmental disabilities. Such plans, programs, and

services shall be developed by the cooperation of the office, other

offices of the department where appropriate, other state departments and

agencies, local governments, community organizations and agencies

providing services to individuals with developmental disabilities, their

families and representatives. It shall provide appropriate facilities,

programs, supports and services and encourage the provision of

facilities, programs, supports and services by local government and

community organizations and agencies.

(b) It shall advise and assist the governor in developing policies

designed to meet the needs of persons with developmental disabilities

and encourage their full inclusion and participation in society.

(c) The office shall have the responsibility for seeing that persons

with developmental disabilities specified in the foregoing subdivision

are provided with services including care and treatment, that such

services are of high quality and effectiveness, and that the personal

and civil rights of persons receiving such services are protected. The

services provided shall seek to promote and attain independence,

inclusion, individuality and productivity for persons with developmental

disabilities.

(c-1) 1. In carrying out the responsibilities identified in

subdivision (c) of this section, the office shall ensure that

applications for eligibility determinations and service authorizations

are processed in a timely manner. The office shall complete processing

of the application within a processing period of one hundred twenty days

of receipt of such application transmitted via the internet or

electronic mail.

2. Where the application is not reasonably clear or omits required

information, or where the office reasonably suspects fraud based on

specific information available to the office, the office shall notify

the applicant in writing within thirty calendar days of the receipt of

such application and request the specific information needed to process

such application. Provided, however, that the processing period shall be

tolled from the date of notice to the applicant to the date of receipt

of the complete application by the office.

3. Upon receipt of the information requested in paragraph two of this

subdivision, the office shall complete processing of the complete

application within the remaining days of the processing period.

(d) The office shall foster programs for the training and development

of persons capable of providing the foregoing services.

(e) Consistent with the requirements of subdivision (b) of section

5.05 of this chapter, the office shall carry out the provisions of

article thirty-one of this chapter as such article pertains to

regulation and quality control of services for persons with

developmental disabilities.