Stave oF New YORK Executive CHAMBER Ausany 12224 CHAPTER #478 Nov 24 2016 APPROVAL #13. MEMORANDUM filed with Senate Bill 7374, entitled: “AN ACT to amend the mental hygiene law, in relation to transitional care” APPROVED This bill would amend the statutory definition of transitional care and would create equitable rights for individuals with developmental disabilities under the Mental Hygiene Law. School-age individuals with a disability may be placed in a school outside of their district if their home district cannot serve their needs. When those individuals turn 21 and are, therefore, no longer cligible for educational assistance, the Office for Persons with Developmental Disabilities (OPWDD) maintains transitional funding to support these individuals while it seeks to secure an appropriate residential placement. This bill would equalize existing due process provisions and ensure that all individuals receiving transitional care be provided with the opportunity to be heard with respect to the OPWDD's proposed placement. This Administration has always supported the expansion of due process rights to all individuals receiving transitional care. However, as passed, the bill would impede the State’s ability to expeditiously transition individuals to more appropriate settings as they become available and would also have significant, unplanned fiscal implications. Te ensure that this pracess is properly implemented and to promote fiscal responsibility, the Legislature has agreed to enact a chapter amendment that addresses these issues. In light of this agreement, I am approving this legislation. ‘This bill is approved.