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- PATAKI VETOES DISABILITY LANGUAGE BILL
- CMS HIPAA SECURITY EDUCATIONAL PAPERS
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NYSACRA NEWS & VIEWS
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PATAKI
VETOES DISABILITY LANGUAGE BILL
In a move widely seen as a prelude to his
presidential aspirations, Governor Pataki Vetoed legislation that
would have required all future laws, regulations and publications
of the State or any local government, to avoid language that (1)
implies that a person as a whole is disabled, (2) equates persons
with their condition, (3) has negative overtones, (4) is regarded
as derogatory or demeaning. Instead it required the replacement
of non-respectful language by referring to persons with
disabilities as persons first (e.g., individuals with
disabilities). Governor Pataki said in his
Veto Message #60 that
he, “cannot support legislation
requiring politically correct speech, especially when it
establishes standards that are vague and subjective.”
The bill passed unanimously in
the Republican-led State Senate and passed by a 144 to 1 tally in
the Democratic-led Assembly. The lead sponsor of
A. 5616,
Assemblyman Harvey Weisenberg of Long Island, said he drafted the
bill with the aid of parents of disabled children, because he sees
first hand with his son the way people address individuals with
disabilities. “Weisenberg said, “They see the disability and
not the child, and the intent of my legislation is to see the
children and not the disability.’ It is unknown at this time
whether he will seek to have this Veto overridden or simply
reintroduced again next year.
Other bills that have been acted on by the Governor, some
reported previously, are listed below. For more information,
Click the Bill #:
| Bill No. |
Action |
Sponsor & Title |
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A1092A |
Signed
CH. 188 |
Stringer (MS)
-- Includes persons with disabilities within the definition of
head of household for the senior citizens' tax abatement for
rent-controlled and regulated property |
|
A1248 |
Signed
CH. 435 |
Dinowitz (MS)
-- Requires providers of services pursuant to the mental
hygiene law to assist the commission on quality of care for
the mentally disabled |
|
A5616 |
VETOED
#60 |
Weisenberg
-- Requires the use of certain language or terminology in
legislation when referring to individuals with disabilities |
|
A6146 |
Signed
CH. 447 |
McLaughlin (MS)
-- Requires certain information on disabled children to be
maintained on buses transporting such children |
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A7878B |
Signed
CH. 536 |
Brennan (MS)
-- Requires certain professionals to report to the
commissioner of mental retardation and developmental
disabilities regarding abuse and mistreatment |
|
A8936 |
Signed
CH. 352 |
Rules (Sanders)
-- Relates to implementation of the federal individuals with
disabilities education improvement act of 2004 |
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A8954 |
Signed
CH. 158 |
Rules (Rivera P)
-- Extends the expiration of Kendra's law until June 30, 2010,
and makes changes to the assisted outpatient treatment program |
|
A8963 |
Signed
CH. 159 |
Rules (Sweeney)
-- Extends provisions of law relating to industrial
development agencies and industrial development authorities |
|
S4775A |
To Gov.
on 8-11-05 |
MORAHAN --
Provides that certain programs operated by or under contract
shall be deemed facilities as such is related to
confidentiality of patient information |
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S5339 |
Signed
CH. 126 |
MORAHAN --
Provides for the operation of the surrogate decision-making
program |
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S5822 |
Signed
CH. 180 |
FLANAGAN --
Enacts the "election consolidation and improvement act of
2005"; repealer |
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S5877 |
Signed
CH. 181 |
FLANAGAN --
Enacts the Election Reform and Modernization Act of 2005;
makes an appropriation therefor; repealer |
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OTHER NEWS
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CMS HIPAA SECURITY EDUCATIONAL
PAPERS
The Centers for Medicare and
Medicaid Services (CMS) has released six papers, in its series of
seven-planned HIPAA Security Educational Papers. The papers are
designed to explain specific requirements of the rule from those
who will enforce it, the thought process behind the requirements,
and possible ways to address the provisions. The papers in the
series are:
Security 101 for Covered Entities; Security
Standards - Administrative Safeguards; Security Standards -
Physical Safeguards; Security Standards - Technical Safeguards;
Security Standards - Organizational, Policies and Procedures, and
Documentation Requirements; Security Standards - Basics of Risk
Analysis and Risk Management. View the papers:
http://www.cms.hhs.gov/hipaa/hipaa2/education/default.asp#SecurityEd |
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