Bill Text: NY S00989 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes a program of tiered eligibility for services offered by the office for people with developmental disabilities for persons with learning disabilities and other complex neurological impairments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S00989 Detail]
Download: New_York-2013-S00989-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
989
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, in relation to establishing a
program of tiered eligibility for services offered by the office for
people with developmental disabilities for persons with learning disa-
bilities and other complex neurological impairments
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 41.59 to read as follows:
3 S 41.59 TIERED SERVICES ELIGIBILITY.
4 1. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS THAT
5 INDIVIDUALS WITH LEARNING DISABILITIES AND OTHER COMPLEX NEUROLOGICAL
6 IMPAIRMENTS ARE OFTEN NOT PROVIDED ESSENTIAL SUPPORT AND HABILITATIVE
7 SERVICES DUE TO THE LACK OF ESTABLISHED OFFICE FOR PEOPLE WITH DEVELOP-
8 MENTAL DISABILITIES' ELIGIBILITY PROTOCOLS. THIS INCLUDES INDIVIDUALS
9 WITH LEARNING DISABILITIES, HIGH FUNCTIONING AUTISM SPECTRUM DISORDERS,
10 SUCH AS ASPERGER'S SYNDROME, AND A NUMBER OF OTHER COMPLEX NEUROLOGICAL-
11 LY BASED COGNITIVE DISABILITIES. UNFORTUNATELY, THESE INDIVIDUALS ARE
12 THEN LEFT TO NAVIGATE THEIR LIVES AND THE CHALLENGES OF THEIR DISABILI-
13 TIES WITH MINIMAL OR NO ASSISTANCE. AS A RESULT, SUCH INDIVIDUALS OFTEN
14 LEAD LIVES OF GREAT DIFFICULTY AND VULNERABILITY THAT MAY INCLUDE, BUT
15 ARE NOT LIMITED TO, EXTENDED PERIODS OF INCARCERATION, LIFELONG DEPEND-
16 ENCE ON PUBLIC ASSISTANCE, SUBSTANCE ABUSE, AND VICTIMIZATION, COUPLED
17 WITH MANY OTHER NEGATIVE AND COSTLY OUTCOMES. IN RESPONSE TO THIS GROW-
18 ING PROBLEM, THE LEGISLATURE HEREBY DIRECTS THE COMMISSIONER OF DEVELOP-
19 MENTAL DISABILITIES TO DEVELOP AND IMPLEMENT A PROGRAM OF TIERED ELIGI-
20 BILITY FOR OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES' SERVICES
21 FOR PERSONS WITH LEARNING DISABILITIES AND OTHER COMPLEX NEUROLOGICAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02834-01-3
S. 989 2
1 IMPAIRMENTS. THIS TIERED SERVICE-DELIVERY MODEL WOULD ALLOW SERVICES TO
2 BE TARGETED AND BASED ON AN INDIVIDUAL'S SPECIFIC NEEDS, WHICH FOR SOME
3 MAY BE MORE INTENSIVE AND FOR OTHERS RELATIVELY MINIMAL. THIS MODEL WILL
4 ALSO FACILITATE RAPID RESPONSE TO ADDRESSING PROBLEMS ENCOUNTERED BY
5 INDIVIDUALS IN CRISIS. PROVIDING SERVICES THAT ARE TRULY NEEDED WILL BE
6 MORE COST EFFECTIVE AND A MORE SENSIBLE OPTION THAN THE CURRENT ELIGI-
7 BILITY PROCESS UTILIZED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
8 DISABILITIES.
9 2. WHEN USED IN THIS ARTICLE, UNLESS OTHERWISE EXPRESSLY STATED OR
10 UNLESS THE CONTEXT OTHERWISE REQUIRES:
11 (A) "LEARNING DISABILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC
12 PSYCHOLOGICAL PROCESSES INVOLVED IN UNDERSTANDING OR IN USING SPOKEN OR
13 WRITTEN LANGUAGE, WHICH MAY MANIFEST ITSELF IN AN IMPERFECT ABILITY TO
14 LISTEN, THINK, SPEAK, READ, WRITE, SPELL OR TO DO MATHEMATICAL CALCU-
15 LATIONS. THIS INCLUDES SUCH CONDITIONS AS PERCEPTUAL DISABILITIES, MINI-
16 MAL BRAIN DYSFUNCTION, DYSLEXIA, DYSGRAPHIA, DYSCALCULIA, DYSPRAXIA, AND
17 DEVELOPMENTAL APHASIA;
18 (B) "COMPLEX NEUROLOGICAL IMPAIRMENT" MEANS AUTISM SPECTRUM DISORDER,
19 SUCH AS ASPERGER'S SYNDROME, OR OTHER COGNITIVE DISABILITIES OF A SIMI-
20 LAR NATURE AND RESULTING IN SIMILAR NEEDS BY AFFECTED INDIVIDUALS;
21 (C) "INTENSIVE SERVICE NAVIGATION" MEANS A SERVICE WHOSE PRIMARY FUNC-
22 TION IS TO CONNECT PERSONS WITH LEARNING DISABILITIES AND/OR OTHER
23 COMPLEX NEUROLOGICAL IMPAIRMENTS TO APPROPRIATE SERVICES AND SUPPORTS.
24 INTENSIVE SERVICE NAVIGATION COORDINATES ALL SERVICES FOR A PERSON WITH
25 A LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGICAL IMPAIRMENT INCLUD-
26 ING, BUT NOT LIMITED TO, MENTAL HEALTH SERVICES, PARENTING CLASSES,
27 SUPPORT GROUPS, RECREATIONAL ACTIVITIES, VOCATIONAL SERVICES, AND EDUCA-
28 TIONAL TRANSITIONAL PLANNING AND ALL BASIC NEEDS OF THE INDIVIDUAL. THE
29 SERVICES OF THE INTENSIVE SERVICE NAVIGATOR ARE TIME LIMITED AND
30 ORIENTED TO SHORT TERM CRISIS INTERVENTION.
31 3. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS CHAPTER OR ANY
32 OTHER STATE LAW, THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL
33 ESTABLISH A PROGRAM OF TIERED ELIGIBILITY FOR SERVICES OFFERED BY THE
34 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES FOR PERSONS WITH
35 LEARNING DISABILITIES AND OTHER COMPLEX NEUROLOGICAL IMPAIRMENTS. SUCH
36 PROGRAM SHALL CONTAIN THE FOLLOWING ELEMENTS:
37 (A) WHEN AN INDIVIDUAL PRESENTS TO A SERVICE PROVIDER SEEKING SUPPORT
38 SERVICES, THE SERVICE PROVIDER SHALL DETERMINE IF THE INDIVIDUAL IS
39 PRESENTING WITH A LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGICAL
40 IMPAIRMENT. IF THE SERVICE PROVIDER DETERMINES THAT THE INDIVIDUAL IS A
41 PERSON WITH AN APPARENT LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGI-
42 CAL IMPAIRMENT, AND THAT SUCH INDIVIDUAL REQUIRES IMMEDIATE SERVICE IN
43 ORDER TO PROTECT AND PROMOTE THE INDIVIDUAL'S HEALTH AND SAFETY, OR THAT
44 THE INDIVIDUAL OTHERWISE FACES A CRISIS SITUATION THAT CAN BE HELPED BY
45 SERVICE AND ASSISTANCE, THE SERVICE PROVIDER MAY IMPLEMENT THE TIERED
46 SERVICES ELIGIBILITY PROGRAM;
47 (B) TIER ONE OF THE TIERED SERVICES ELIGIBILITY PROGRAM WILL CONSIST
48 OF THE IMMEDIATE PROVISION OF INTENSIVE SERVICE NAVIGATION. THIS
49 PROVISION OF SERVICES WILL BE PROVIDED FOR UP TO SIX MONTHS IN DURATION.
50 THE SERVICE MAY END ANYTIME PRIOR TO THE END OF THE SIX-MONTH PERIOD IF
51 THE INDIVIDUAL AND SERVICE PROVIDER AGREE THAT NO FURTHER SERVICE OR
52 INTERVENTION IS REQUIRED. IF THE INDIVIDUAL AND SERVICE PROVIDER AGREE
53 AT THE END OF THE SIX MONTH PERIOD THAT THE NEED FOR SERVICES PERSISTS
54 AND MORE INTERVENTION IS REQUIRED, THE INDIVIDUAL WILL MOVE INTO TIER
55 TWO;
S. 989 3
1 (C) TIER TWO OF THE TIERED SERVICES ELIGIBILITY PROGRAM WILL BE
2 PROVIDED FOR UP TO AN ADDITIONAL SIX-MONTH PERIOD AND PROVIDE:
3 (1) CONTINUATION AND INTENSIFICATION OF THE INTENSIVE SERVICE
4 NAVIGATOR'S EFFORTS TO STABILIZE THE INDIVIDUAL'S CRISIS SITUATION;
5 (2) A PROCESS POTENTIALLY LEADING TO FULL ELIGIBILITY FOR OFFICE FOR
6 PEOPLE WITH DEVELOPMENTAL DISABILITIES' SERVICES. AS PART OF THIS PROC-
7 ESS, THE INTENSIVE SERVICE NAVIGATOR WILL CONDUCT AN ASSESSMENT OF THE
8 INDIVIDUAL'S ADAPTIVE BEHAVIOR LEVELS, CONDUCT AN ASSESSMENT OF AN INDI-
9 VIDUAL'S ABILITY TO EFFECTIVELY LEARN AND PUT INTO PRACTICE NEW ADAPTIVE
10 SKILLS, AND GENERALLY PREPARE THE INDIVIDUAL FOR THE ELIGIBILITY PROC-
11 ESS;
12 (D) IF DURING TIER TWO, THE INDIVIDUAL LEARNS NEW SKILLS AND THE
13 CRISIS SUBSIDES, THE INDIVIDUAL AND SERVICE PROVIDER CAN AGREE THAT
14 SERVICES BE TERMINATED PRIOR TO THE CONCLUSION OF THIS TIER; AND
15 (E) IF THE INTENSIVE SERVICE NAVIGATOR AND INDIVIDUAL AGREE THAT THE
16 INDIVIDUAL WOULD BENEFIT FROM ON-GOING SERVICE AND SUPPORT, THE INTEN-
17 SIVE SERVICE NAVIGATOR WILL ASSIST THE INDIVIDUAL IN APPLYING TO THE
18 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES FOR A FULL ELIGIBILITY
19 DETERMINATION.
20 4. THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL, IN CONSULTA-
21 TION WITH EXPERIENCED SERVICE PROVIDERS, DEVELOP A REIMBURSEMENT METHOD-
22 OLOGY FOR INTENSIVE SERVICE NAVIGATION AS DESCRIBED IN THIS SECTION.
23 SUCH REIMBURSEMENT SHALL COVER THE SERVICE PROVIDER'S REASONABLE COSTS
24 FOR PROVIDING THIS SERVICE AND BE PAID TO THE SERVICE PROVIDERS AS PART
25 OF THE USUAL AND CUSTOMARY COST REIMBURSEMENT PROCESS.
26 5. IN DEVELOPING THIS PROGRAM, THE COMMISSIONER OF DEVELOPMENTAL DISA-
27 BILITIES SHALL CONSULT WITH A STATEWIDE ASSOCIATION SPECIFICALLY REPRES-
28 ENTING INDIVIDUALS WITH LEARNING DISABILITIES AND RELATED SERVICES
29 PROVIDERS.
30 S 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law; provided however, that the commissioner of
32 developmental disabilities is authorized to promulgate any and all rules
33 and regulations and take any other measures necessary to implement this
34 act on its effective date on or before such effective date.
