WeVote
Log In

Bill

Bill

A 10372

Relates to transitional care placements by the office for people with developmental disabilities

2025 Regular Session Introduced by Andrew Hevesi

The bill funds emergency transitional care and allows returning a person to their previous residential school or program if OPWDD fails to meet needs and all conditions are met.

REFERRED TO PEOPLE WITH DISABILITIES
0
WeVote Research Nonpartisan
Bill Summary · A 10372

Bill Summary — New York A.10372 (2025-2026 Session)

Title

Relates to transitional care placements by the office for people with developmental disabilities

Purpose and Intent

This bill seeks to restore and clarify procedures for transitional care placements for individuals with developmental disabilities who are within the Office for People With Developmental Disabilities (OPWDD) system of care. Specifically, it authorizes certain payments to support emergency transitional care and establishes a pathway for returning individuals to their previous transitional care placements (residential school or associated residential adult programs) when the OPWDD system is not meeting the individual’s needs.

Key Provisions

Emergency Transitional Care (new subdivision (h) of Mental Hygiene Law § 13.38(g))

  1. If an individual described in subdivision (a) (i.e., a person under OPWDD care) has been placed in a transitional care setting (such as a residential school, in-state or out-of-state, or an associated residential adult program) on an emergency basis due to temporary barriers to moving to adult services within OPWDD, the office may make payments necessary to maintain that emergency placement.

Return to Previous Transitional Care Placement (new subdivision (h))

  1. After placement within OPWDD’s system of care, the office shall make payments to return the individual to their previous in-state or out-of-state residential school or the residential adult program associated with that school, if all of the following conditions are met:

    • The OPWDD system is failing to provide appropriate residential and habilitation services for the individual.
    • Continuation in the OPWDD system is adversely affecting the individual’s health, safety, or welfare.
    • The previous residential school or the associated residential adult program is currently able to provide appropriate services.
    • The previous transitional care placement is willing and able to re-admit the individual.
    • The individual or the guardian consents to the transfer.

  2. The individual or guardian can request the return if they believe conditions for return are met. If the OPWDD office declines the request, the individual may seek review under Article 78 of the Civil Practice Law and Rules (CPLR).

  3. The provisions supplement existing rights and remedies; they do not limit or restrict other applicable laws.

  4. When the individual returns to the previous transitional care placement, their administrative due process rights under subdivision (e) of section 13.38 are revived.

Affected Parties and Impacts

  • Individuals with developmental disabilities who are in or entering transitional care placements (residential schools or associated residential adult programs) within New York’s OPWDD system.
  • Guardians and families of these individuals, who gain an explicit right to request a return to a previous transitional care placement and to seek review if the request is denied.
  • OPWDD and related providers: New funding authority for emergency payments to maintain emergency placements and for potential return placements.
  • Residential schools and associated residential adult programs: Potential re-admission of individuals to previously utilized transitional care placements.

Procedural and Timeline Aspects

  • Effective date: Immediate upon enactment.
  • Process for return: If conditions are met, the office funds the transition back to the previous placement.
  • Right to seek review: If the OPWDD declines a return, individuals/guardians may pursue Article 78 review.
  • Due process rights: Return reinstates administrative due process rights under the relevant statute.

Administrative Notes

  • The bill explicitly states that these provisions are in addition to, not a limitation on, other rights and remedies under applicable law.
  • It updates and clarifies transitional care pathways to ensure protections when the OPWDD system may not be meeting individual needs.

If you’d like, I can provide a side-by-side comparison with current law (pre-bill) to highlight every change in language and practical effect.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.