Bill Text: NY A05894 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2014-01-08 - referred to mental health [A05894 Detail]
Download: New_York-2013-A05894-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5894
2013-2014 Regular Sessions
I N A S S E M B L Y
March 8, 2013
___________
Introduced by M. of A. ORTIZ, WEPRIN, CAMARA, ROBERTS, HOOPER -- Multi-
Sponsored by -- M. of A. COOK, CUSICK -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to submit an updated
waitlist and placement report to the senate and assembly
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 13.28 to read as follows:
3 S 13.28 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; RESIDENTIAL
4 WAITLIST AND PLACEMENT REPORT.
5 THE OFFICE SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND FIFTEEN, AND
6 EVERY SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT REPORT TO
7 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
8 INCLUDING THE FOLLOWING INFORMATION:
9 (A) WAITLIST INFORMATION. SUCH WAITLIST INFORMATION SHALL INCLUDE THE
10 STATEWIDE NUMBER OF INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO THE
11 TOTAL NUMBER OF INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY
12 SERVICES OFFICE'S GEOGRAPHIC AREA WHO AWAIT RESIDENTIAL PLACEMENT AND
13 ARE EXPECTED TO REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFOR-
14 MATION SHALL BE GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT
15 AND THE AGE OF THEIR CAREGIVER, IF ANY. SUCH INFORMATION SHALL ALSO
16 INCLUDE:
17 1. THE TYPE OF PLACEMENT SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE
18 DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
19 THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE
20 MEDICAL CARE;
21 2. NON-CERTIFIED RESIDENTIAL PLACEMENT OUTSIDE OF THE PARENT'S OR
22 PARENTS' OR OTHER CAREGIVER'S HOME; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02057-01-3
A. 5894 2
1 3. THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
2 BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
3 (B) PLACEMENT INFORMATION. SUCH PLACEMENT INFORMATION SHALL INCLUDE:
4 1. THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE SETTINGS
5 LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION (A) OF THIS
6 SECTION DURING THE SIX MONTHS PRECEDING THE DATE OF RELEASE OF THE
7 REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
8 2. THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE WAIT-
9 LIST, PLACED WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO
10 AND THREE OF SUBDIVISION (A) OF THIS SECTION DURING THE SIX MONTHS
11 PRECEDING THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO SUBDI-
12 VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
13 (C) THE COMMISSIONER SHALL REPORT THE NUMBER OF INDIVIDUALS WHO ARE
14 CURRENTLY PLACED IN A RESIDENTIAL PROGRAM, WHOSE CURRENT LIVING SITU-
15 ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
16 NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
17 1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
18 2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
19 (A) OF THIS SECTION; AND
20 3. THE NUMBER OF CHILDREN IN RESIDENTIAL PLACEMENTS EXPECTED TO AGE
21 OUT OF SUCH PLACEMENTS WITHIN A YEAR AND PLANS FOR CONTINUING THEIR
22 PLACEMENTS AS ADULTS;
23 (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
24 FOR AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR PARENT
25 OR GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD PRECEDING
26 THE DATE OF RELEASE OF A REPORT, WITH CATEGORICAL DESCRIPTIONS OF THE
27 REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
28 SITUATION;
29 (E) THE COST OF PLACEMENTS MADE DURING THE PERIOD OF SUCH REPORT
30 DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
31 DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
32 (F) THE APPROPRIATION AUTHORITY USED TO FUND PLACEMENTS MADE DURING
33 THE PERIOD OF THE REPORT, INCLUDING THE YEAR OF THE ORIGINAL APPROPRI-
34 ATION AND BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION BY CATEGORY
35 SUCH AS OPTS, NYS-CARES OR OTHER CATEGORIES;
36 (G) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS REMAINING ON THE
37 WAITING LIST;
38 (H) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
39 OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
40 UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
41 (I) A PLAN FOR MEETING THE OUT-OF-HOME RESIDENTIAL PLACEMENT NEEDS
42 SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
43 ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
44 SION (A) OF THIS SECTION; AND
45 (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
46 S 2. This act shall take effect immediately.
