Bill Text: NY A09779 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-09 - referred to people with disabilities [A09779 Detail]

Download: New_York-2023-A09779-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9779

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on People with Disabilities

        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  §  13.28  Office for people with developmental disabilities; residential
     4            waitlist and placement report.
     5    The office shall submit by January first,  two  thousand  twenty-five,
     6  and  every  six  months  thereafter,  an  updated waitlist and placement
     7  report to the temporary president of the senate and the speaker  of  the
     8  assembly, including the following information:
     9    (a)  Such  waitlist  information shall include the statewide number of
    10  individuals awaiting placement broken down  into  the  total  number  of
    11  individuals  from within each developmental disability services office's
    12  geographic area who await residential  placement  and  are  expected  to
    13  require  such  placement within the next year. Such information shall be
    14  grouped by the age of the individual awaiting placement and the  age  of
    15  their caregiver, if any. Such information shall also include:
    16    1.  the  type  of  placement  such individuals are expected to require
    17  divided into certified out-of-home, supervised, supportive placement and
    18  the number of such persons who are medically frail  requiring  intensive
    19  medical care;
    20    2.  non-certified  residential  placement  outside  of the parent's or
    21  parents' or other caregiver's home; and
    22    3. the number of individuals expected to require  home  and  community
    23  based services waiver-funded habilitation services at-home;
    24    (b) Such placement information shall include:
    25    1.  the total number of individuals placed within each of the settings
    26  listed in paragraphs one, two and  three  of  subdivision  (a)  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04603-01-3
        A. 9779                             2

     1  section  during  the  six  months  preceding  the date of release of the
     2  report required pursuant to subdivision (c) of this section; and
     3    2.  the total number of individuals, who are not included on the wait-
     4  list, placed within each of the settings listed in paragraphs  one,  two
     5  and  three  of  subdivision  (a)  of  this section during the six months
     6  preceding the date of release of the report required pursuant to  subdi-
     7  vision (c) of this section, and the reasons for such placements;
     8    (c)  The  commissioner  shall report the number of individuals who are
     9  currently placed in a residential program, whose  current  living  situ-
    10  ation is not adequate to meet their needs and who are awaiting an alter-
    11  native placement. These individuals shall be divided according to:
    12    1. the number and age of such individuals;
    13    2. the settings listed in paragraphs one, two and three of subdivision
    14  (a) of this section; and
    15    3.  the  number  of children in residential placements expected to age
    16  out of such placements within a year  and  plans  for  continuing  their
    17  placements as adults;
    18    (d) The number of individuals whose placement failed or who have asked
    19  for  an alternative placement, either themselves or through their parent
    20  or guardian acting on their behalf, over the six month period  preceding
    21  the  date  of  release of a report, with categorical descriptions of the
    22  reasons for such results and any actions taken or planned to remedy such
    23  situation;
    24    (e) The cost of placements made  during  the  period  of  such  report
    25  divided into costs attributable to supervised, supportive, at-home resi-
    26  dential placements or other placements;
    27    (f)  The  appropriation  authority used to fund placements made during
    28  the period of the report, including the year of the  original  appropri-
    29  ation  and  balance of remaining funds in such appropriation by category
    30  such as OPTS, NYS-CARES or other categories;
    31    (g) Projected funding requirements for individuals  remaining  on  the
    32  waiting list;
    33    (h)  An  updated  five year projection of individuals who will require
    34  out-of-home residential placement and a five year projection of individ-
    35  uals who require additional in-home supports;
    36    (i) A plan for meeting the  out-of-home  residential  placement  needs
    37  shall also be developed and shall specify the type of placements accord-
    38  ing to such settings listed in paragraphs one, two and three of subdivi-
    39  sion (a) of this section; and
    40    (j) Any other information deemed necessary by the commissioner.
    41    § 2. This act shall take effect immediately.