NY A00562

Establishes new Section 13.36 of the Mental Hygiene Law to provide uniform due process protections for mentally disabled adults age 21 and older who are under the care or supervision of the Department of Mental Hygiene.

Requires the Department to provide advance written notice of any proposed change in placement, reduction or termination of services, or denial of recommended services, with a 30-day window for individuals to formally object and request an administrative hearing.

Guarantees minimum due process rights including representation by legal counsel or advocates, opportunity to present evidence and cross-examine witnesses at an evidentiary hearing before an impartial decision maker, and a written determination based on the individual's best interests and appropriate services.

Allows individuals to appeal the hearing officer's determination to the Department Commissioner and further appeal through Article 78 of the Civil Practice Law and Rules; services must continue at the same level during the appeal process unless otherwise agreed.

Supplements existing federal and state protections without preventing the Department from implementing additional dispute resolution mechanisms like expedited or informal proceedings.