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STATE OPERATIONS

EDUCATION DEPARTMENT--Cont.

such

shall, in the course of providing services, satisfy standards established by the office of mental retardation and developmental disabilities for operation of an intermediate care facility for the developmentally disabled and be subject to the visitation and inspection of that office and, as required to conform to the federal social security act and the requirements of the federal department of health and human services, the department. of health and the department of social services. Rates of payment for such intermediate care services for the developmentally disabled shall be at rates established by the office of mental retardation and developmental disabilities and approved by the director of the budget. Notwithstanding any inconsistent provision

of law, the department of social services shall be responsible for providing medical assistance to eligible individuals who are residents of the New York state school for the blind in the city of Batavia and to such eligible individuals under care in a hospital while they are on release from such school for the purpose of receiving care in such hospital. Notwithstanding any inconsistent provision of law, the department of social services shall be responsible for determining the eligibilty of residents of the New York state school for the blind in the city of Batavia for medical assistance; such responsibility may, at the option of the department, be discharged in whole or in part by another state agency designated to act and acting as agent of the department. For the purposes of paragraph (b) of subdivision (2) of section three hundred sixty-six of the social services law, residents of the New York state school for the blind in the city of Batavia shall not be considered to regularly share the common household of their parent or the spouse of their parent. For the purposes of sections four thousand three hundred eight and four thousand three hundred thirteen of the education law, admission to the New York state school for the blind in the city of Batavia shall be for the purposes of instruction and provision of health and

STATE OPERATIONS

EDUCATION DEPARTMENT--Cont.

habilitative services in an intermediate care facility for the developmentally disabled. The commissioner of education, the commissioner of social services, the commissioner of mental retardation and developmental disabilities, and the director of the budget, in consultation with other appropriate state agencies and departments, shall enter into an interagency agreement to assure effective implementation of these provisions. Notwithstanding any other provision of law, the director of the budget is authorized to transfer the monies hereby appropriated to the department of social services for payments for intermediate care services for the developmentally disabled at rates certified by the commissioner of mental retardation and developmental disabilities and approved by the director of budget, in accordance with the provisions of this appropriation.

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