§ 13.07 Office for people with developmental disabilities; scope of

Terms Used In N.Y. Mental Hygiene Law 13.07

  • Fraud: Intentional deception resulting in injury to another.
  • office: means the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03

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.