2/20/13 N.Y. St. Reg. PDD-08-13-00008-P
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 section 624.8(c)(3) of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 13.09(b) and 33.25
Subject:
Conforming amendments to chapter 498 of the Laws of 2012.
Purpose:
Extends the deadline for requests for release of records pertaining to allegations of abuse.
Text of proposed rule:
Paragraph 624.8(c)(3) is amended as follows:
(3) Agencies are required to release records and documents pertaining to allegations of abuse which occurred or were discovered on or after January 1, 2003 but prior to May 5, 2007, if the written request is submitted on or before December 31, [2012] 2015.
Text of proposed rule and any required statements and analyses may be obtained from:
Barbara Brundage, Director, Regulatory Affairs Unit, OPWDD, 44 Holland Avenue, Albany, NY 12229, (518) 474-1830, email:
barbara.brundage@opwdd.ny.govData, 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 Jonathan’s Law, existing OPWDD regulations require the release of records pertaining to allegations of abuse in specified circumstances. A provision of the existing regulations requires the release of records for allegations which occurred or were discovered on or after January 1, 2003 but prior to May 5, 2007, if the written request is submitted on or before the deadline of December 31, 2012.
Chapter 498 of the Laws of 2012 extended this deadline to December 31, 2015. OPWDD is proposing revisions to regulations that incorporate this change of deadline.
OPWDD has determined that due to the nature and purpose of the amendment no person is likely to object to the rule as written.
Job Impact Statement
A Job Impact Statement for this amendment is not submitted because it is apparent from the nature and purposes of the amendment that it will not have an adverse impact on jobs and/or employment opportunities. It is anticipated that providers will generally utilize existing staff to accomplish any tasks related to this amendment.
