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.