Bill Text: NY A02813 | 2011-2012 | General Assembly | Introduced


Bill Title: Establishes a program in the department of health to arrange for the provision of services to the disabled in the most integrated setting; calls for coordination with department of education and mental hygiene and the office of children and family assistance; establishes programmatic requirements for the provision of services, financing, and a coordinating council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A02813 Detail]

Download: New_York-2011-A02813-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2813
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Health
       AN  ACT to amend the public health law, in relation to providing for the
         provision of services to individuals with  disabilities  in  the  most
         integrated setting
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  article
    2  26-B to read as follows:
    3                                ARTICLE 26-B
    4                       MOST INTEGRATED SETTING PROGRAM
    5  SECTION 2640. MOST INTEGRATED SETTING PROGRAM.
    6          2641. DEFINITIONS.
    7          2642. FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT.
    8          2643. FUNDING OF PROGRAM SERVICES.
    9          2644. MOST INTEGRATED SETTING COORDINATING COUNCIL.
   10    S  2640.   MOST INTEGRATED SETTING PROGRAM.  THE DEPARTMENT SHALL HAVE
   11  THE CENTRAL RESPONSIBILITY FOR  ADMINISTERING  THE  PROVISIONS  OF  THIS
   12  ARTICLE  AND OTHERWISE COORDINATING THE STATE'S POLICIES WITH RESPECT TO
   13  PROVIDING SERVICES IN THE MOST INTEGRATED SETTING  TO  INDIVIDUALS  WITH
   14  DISABILITIES,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF EDUCATION, THE
   15  OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF THE  ADVOCATE  FOR
   16  THE  DISABLED,  THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISA-
   17  BILITIES, THE OFFICE OF MENTAL HEALTH, AND THE COMMISSION ON QUALITY  OF
   18  CARE FOR THE MENTALLY DISABLED.
   19    S 2641. DEFINITIONS. AS USED IN THIS ARTICLE:
   20    1. "MOST INTEGRATED SETTING" MEANS THE PROVISION OF SERVICES TO PEOPLE
   21  WITH  DISABILITIES  IN  A  NON-INSTITUTIONAL,  COMMUNITY-BASED  SETTING,
   22  INCLUDING BUT NOT LIMITED TO AN INDEPENDENT APARTMENT, SUPPORTIVE  HOUS-
   23  ING,  LIVING  IN  THE  HOUSEHOLD  OF ANOTHER, OR TRANSITIONAL CONGREGATE
   24  HOUSING.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06240-01-1
       A. 2813                             2
    1    2. "ELIGIBLE PERSON WITH A DISABILITY" MEANS AN INDIVIDUAL OF ANY  AGE
    2  WHO  REQUIRES  ASSISTANCE  IN PERFORMING ONE OR MORE ACTIVITIES OF DAILY
    3  LIVING, WHO IS IN AN INSTITUTIONAL SETTING OR IS  DETERMINED  TO  BE  AT
    4  RISK  OF  INSTITUTIONALIZATION IF APPROPRIATE SERVICES ARE NOT PROVIDED,
    5  AND WHO IS NOT SERVED BY A WAIVER PROGRAM ADMINISTERED BY THE STATE.
    6    S  2642.  FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT. THE DEPART-
    7  MENT SHALL:
    8    1. DEVELOP A COMPREHENSIVE STATEWIDE PROGRAM THAT INCLUDES, BUT IS NOT
    9  LIMITED TO: MEDICAL, HOUSING, SOCIAL, VOCATIONAL, EDUCATIONAL, TRANSPOR-
   10  TATION, PERSONAL  ASSISTANCE,  COMMUNITY  RE-ENTRY  SERVICES,  ASSISTIVE
   11  TECHNOLOGY, AND OTHER ESSENTIAL SERVICES;
   12    2.  DEVELOP OUTREACH SERVICES TO IDENTIFY INDIVIDUALS IN NURSING HOMES
   13  WHO COULD LIVE IN A MOST INTEGRATED SETTING;
   14    3. TRACK THE AMOUNT AND COST OF SERVICES PROVIDED TO ELIGIBLE  PERSONS
   15  WITH DISABILITIES PLACED IN INSTITUTIONAL SETTINGS; AND
   16    4.  DEVELOP  COMMUNITY-BASED,  NON-INSTITUTIONAL SERVICES FOR ELIGIBLE
   17  PERSONS WITH DISABILITIES, WITH PROGRAM AGGREGATE COSTS EQUAL TO OR LESS
   18  THAN THOSE OF INSTITUTIONAL CARE.
   19    S 2643. FUNDING OF PROGRAM SERVICES. 1.  THE DEPARTMENT SHALL  DEVELOP
   20  A  BIENNIAL  PLAN  AND  PRIORITIES  FOR  THE FUNDING OF THE SERVICES AND
   21  PROGRAMS REQUIRED BY THIS ARTICLE, WITH AN EMPHASIS ON  THE  DEVELOPMENT
   22  AND EXPANSION OF COMMUNITY-BASED SERVICES AND PROGRAMS.
   23    2.  THE  DEPARTMENT  SHALL DEVELOP A MEDICAID WAIVER PROGRAM THAT WILL
   24  FUND A COMPREHENSIVE SERVICE PROGRAM.  THE LOCAL COST-SHARE FOR SUCH   A
   25  WAIVER  SHALL BE EQUAL TO, OR LESS THAN THE LOCAL COST-SHARE FOR NURSING
   26  HOME CARE.
   27    3. THE DEPARTMENT SHALL, TO  THE  EXTENT  FEASIBLE,  UTILIZE  EXISTING
   28  ORGANIZATIONS  WITH  DEMONSTRATED  INTEREST  AND  EXPERTISE  IN  SERVING
   29  PERSONS WITH DISABILITIES AND SHALL, WITHIN FUNDS AVAILABLE, ENTER  INTO
   30  CONTRACTS WITH SUCH ORGANIZATIONS.
   31    S  2644.  MOST  INTEGRATED  SETTING  COORDINATING COUNCIL. 1. THE MOST
   32  INTEGRATED SETTING COORDINATING COUNCIL IS HEREBY ESTABLISHED AND  SHALL
   33  CONSIST  OF: THE COMMISSIONER, REPRESENTATIVES OF EACH OFFICE OR DEPART-
   34  MENT LISTED IN SECTION TWENTY-SIX HUNDRED FORTY OF  THIS  ARTICLE.    IN
   35  ADDITION  THE  COUNCIL  SHALL  CONSIST  OF  THE  FOLLOWING PERSONS: FOUR
   36  PERSONS APPOINTED BY THE GOVERNOR, TWO OF WHOM  SHALL  BE  PERSONS  WITH
   37  DISABILITIES  AND  TWO OF WHOM SHALL BE REPRESENTATIVE OF THE PUBLIC AND
   38  HAVE A DEMONSTRATED EXPERTISE AND INTEREST IN THE PROVISION OF  SERVICES
   39  IN  THE  MOST INTEGRATED SETTING; TWO PERSONS APPOINTED BY THE TEMPORARY
   40  PRESIDENT OF THE SENATE, ONE OF WHOM SHALL BE A PERSON WITH A DISABILITY
   41  AND ONE OF WHOM SHALL BE REPRESENTATIVE OF THE PUBLIC AND HAVE A  DEMON-
   42  STRATED  EXPERTISE AND INTEREST IN THE PROVISION OF SERVICES IN THE MOST
   43  INTEGRATED SETTING; TWO PERSONS APPOINTED BY THE SPEAKER OF  THE  ASSEM-
   44  BLY,  ONE  OF  WHOM  SHALL BE A PERSON WITH A DISABILITY AND ONE OF WHOM
   45  SHALL BE REPRESENTATIVE OF THE PUBLIC AND HAVE A DEMONSTRATED  EXPERTISE
   46  AND  INTEREST  IN  THE  PROVISION  OF  SERVICES  IN  THE MOST INTEGRATED
   47  SETTING; ONE PERSON APPOINTED BY THE MINORITY LEADER OF THE SENATE;  AND
   48  ONE PERSON APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   49    2.  THE  TERMS  OF  THE APPOINTEES SHALL BE DETERMINED AS FOLLOWS: THE
   50  GOVERNOR'S APPOINTEES; TWO ONE YEAR TERMS, ONE TWO  YEAR  TERM  AND  ONE
   51  THREE YEAR TERM; TEMPORARY PRESIDENT'S APPOINTEES, ONE TWO YEAR TERM AND
   52  ONE  THREE  YEAR  TERM;  SPEAKER'S  APPOINTEE, ONE TWO YEAR TERM AND ONE
   53  THREE YEAR TERM; MINORITY LEADERS' APPOINTMENTS, ONE YEAR TERMS.  SUBSE-
   54  QUENT  APPOINTMENTS  SHALL BE FOR THREE YEARS AND SHALL BE FILLED IN THE
   55  SAME MANNER.
       A. 2813                             3
    1    3. THE COUNCIL SHALL RECOMMEND TO THE  DEPARTMENT  LONG  RANGE  OBJEC-
    2  TIVES,  GOALS  AND PRIORITIES. IT SHALL ALSO PROVIDE ADVICE ON THE PLAN-
    3  NING, COORDINATION, AND DEVELOPMENT OF NEEDED SERVICES.
    4    4.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
    5  SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
    6  INCURRED  IN THE PERFORMANCE OF THEIR DUTIES, SUBJECT TO THE APPROVAL OF
    7  THE COMMISSIONER.
    8    S 2. This act shall take effect on the one hundred twentieth day after
    9  it shall have become a law; provided that the commissioner of health  is
   10  authorized  to promulgate any and all rules and regulations and take any
   11  other measures necessary to implement this act on its effective date  on
   12  or before such effective date.
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