PDD-48-15-00003-P Agency Name Change and Terminology Updates

12/2/15 N.Y. St. Reg. PDD-48-15-00003-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 48

December 02, 2015

RULE MAKING ACTIVITIES

OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PDD-48-15-00003-P

Agency Name Change and Terminology Updates

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Parts 602 - 606, 620 - 622, 633, 635, 643, 671, 676, 679 - 681, 686, 687 and 690 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, section 13.09(b)

Subject:

Agency Name Change and Terminology Updates.

Purpose:

To update the agency name and other terminology in the Title 14 NYCRR Part 600 series.

Substance of proposed rule:

The proposed regulations update terminology in Title 14 NYCRR to 1) change the agency’s name from “Office of Mental Retardation (OMRDD)” to “Office for People With Developmental Disabilities (OPWDD)” and 2) replace outdated and unacceptable terminology with people first language. For example, “mental retardation,” “client,” “consumer,” and “service recipient,” are replaced with “person,” “individual,” “individual or person receiving services” and “individual or person with developmental disabilities.”

The parts within Title 14 NYCRR that are revised by the proposed amendments are as follows:

Part 602 – Uniform Hearing Procedures

Part 603 – Public Access to Records Pursuant to the Freedom of Information Law

Part 604 – Access to or Correction/Amendment of Records of the Office of Mental Retardation and Developmental Disabilities Subject to the Personal Privacy Protection Law

Part 605 – Operational Procedures Governing Implementation of the Youth Opportunity Program in the Office of Mental Retardation and Developmental Disabilities

Part 606 – Availability and Access to Incorporated by Reference Materials Contained in 14 NYCRR Parts 600-699 and 14 NYCRR Parts 1-500 Applicable to Services and Programs Certified and/or Operated by the Office of Mental Retardation and Developmental Disabilities

Part 620 – Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction

Part 621 – Financial Assistance for Capital Construction and Financing

Part 622 – Implementation of State Environmental Quality Review Act

Part 633 – Protection of Individuals Receiving Services in Facilities Operated and/or Certified by OMRDD

Part 635 – General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office of Mental Retardation and Developmental Disabilities

Part 643 – Certificate of Relief from Disabilities (Prohibitions) Related to Firearms Possession

Part 671 – HCBS Waiver Community Residential Habilitation Services for Persons with Developmental Disabilities

Part 676 – Diagnostic and Research Clinics

Part 679 – Clinic Treatment Facilities

Part 680 – Specialty Hospitals

Part 681 – Intermediate Care Facilities for Persons who are Developmentally Disabled

Part 686 - Community Residences

Part 687 – Family Care

Part 690 – Day Treatment Services

Those sections of Title14 NYCRR that are not identified above are not included in the proposed amendments as they have already been updated to include people first terminology.

Text of proposed rule and any required statements and analyses may be obtained from:

Regulatory Affairs Unit, OPWDD, 44 Holland Avenue, 3rd Floor, Albany, NY 12229, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Additional matter required by statute:

Pursuant to the requirements of the State Environmental Quality Review Act, OPWDD, as lead agency, has determined that the action described herein will have no effect on the environment and an E.I.S. is not needed.

Consensus Rule Making Determination

In conformance with Mental Hygiene Law, OPWDD is updating existing regulations in Title 14 NYCRR to 1) change the agency’s name from “Office of Mental Retardation (OMRDD)” to “Office for People With Developmental Disabilities (OPWDD)” and 2) replace outdated and unacceptable terminology with people first language.

OPWDD has determined that due to the nature and purpose of the amendments and the support for these amendments from individuals with developmental disabilities, family members, and other interested parties, no person is likely to object to the rule as written.

Job Impact Statement

OPWDD is not submitting a Job Impact Statement for this proposed rulemaking because this rulemaking will not have a substantial adverse impact on jobs or employment opportunities.

The proposed regulations update terminology found in Title 14 NYCRR to 1) change the agency’s name from “Office of Mental Retardation (OMRDD)” to “Office for People With Developmental Disabilities (OPWDD)” and 2) replace outdated and unacceptable terminology with people first language. The amendments will not result in any increased costs, including staffing costs, or compliance activities. Consequently, the proposed regulations will not have a substantial adverse impact on jobs or employment opportunities.