Bill Text: NY A01153 | 2021-2022 | General Assembly | Amended

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Bill Title: Establishes the office of the independent intellectual and developmental disability ombudsman program for the purpose of assisting individuals with intellectual or developmental disabilities to ensure that they receive coverage from managed care organizations that is appropriate in meeting their individual service needs and uses a request for proposal process to determine who shall be responsible for such program.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Vetoed) 2021-10-25 - tabled [A01153 Detail]

Download: New_York-2021-A01153-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1153--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced by M. of A. BUTTENSCHON, GUNTHER -- read once and referred to
          the  Committee on Mental Health -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the mental hygiene law, in relation to the establishment
          of the independent intellectual and developmental disability ombudsman
          program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  33.29 to read as follows:
     3  § 33.29 Independent intellectual and developmental disability  ombudsman
     4            program.
     5    (a)  There  is hereby established the office of the independent intel-
     6  lectual and developmental disability  ombudsman  program  that  will  be
     7  operated  or  selected by the office for people with developmental disa-
     8  bilities for the purpose of assisting individuals with  an  intellectual
     9  or  developmental  disability  to ensure that they receive coverage from
    10  managed care organizations that is appropriate in meeting their individ-
    11  ual service needs.
    12    (b) Such ombudsman  will  identify,  investigate,  refer  and  resolve
    13  complaints  that  are  made  by,  or on behalf of, consumers relative to
    14  coverage under a managed care organization and  access  to  initial  and
    15  continuing   intellectual  and  developmental  disability  services  and
    16  supports; and accept, investigate, refer and help to resolve  complaints
    17  that  are  made by or on behalf of consumers or by providers relative to
    18  network adequacy for access to intellectual and developmental disability
    19  services and supports.
    20    (c) Notwithstanding  sections  one  hundred  twelve  and  one  hundred
    21  sixty-three  of  the state finance law and section one hundred forty-two
    22  of the economic development law, or any other inconsistent provision  of
    23  law,  funds  available  for expenditure pursuant to this section for the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00794-03-1
        A. 1153--A                          2

     1  establishment of an ombudsman program for intellectual and developmental
     2  disability, may be allocated and distributed by the commissioner of  the
     3  office  for  people  with  developmental  disabilities,  subject  to the
     4  approval  of the director of the budget, but only after the commissioner
     5  of the office for people with development disabilities holds  a  request
     6  for  proposal  process for the establishment of an ombudsman program for
     7  intellectual and  developmental  disability.  The  commissioner  of  the
     8  office  for  people  with  developmental disabilities shall consider all
     9  competitive proposals submitted through such request for proposal  proc-
    10  ess  and shall determine, based on his or her discretion, which proposal
    11  submitted is most competitive for  the  establishment  of  an  ombudsman
    12  program for intellectual and development disability.
    13    § 2. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.