STATE OF NEW YORK
________________________________________________________________________
3108--A
2023-2024 Regular Sessions
IN SENATE
January 27, 2023
___________
Introduced by Sens. MANNION, BROUK, SALAZAR, SKOUFIS, WEBER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Disabilities -- recommitted to the Committee on Disabili-
ties in accordance with Senate Rule 6, sec. 8 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the mental hygiene law, in relation to the duties of the
independent developmental disability ombudsman program
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 33.28 of the mental hygiene law, as added by
2 section 1 of part KK of chapter 57 of the laws of 2023, is amended to
3 read as follows:
4 § 33.28 Independent developmental disability ombudsman program.
5 (a) There is hereby established by the office for people with develop-
6 mental disabilities the independent developmental disability ombudsman
7 program for the purpose of assisting individuals with developmental
8 disabilities to ensure access by such individuals to services and to
9 preserve their rights.
10 (b) Such ombudsman program shall have the following duties, including,
11 but not limited to:
12 1. establishing a service delivery structure based in New York state
13 that includes a toll-free telephone hotline, an interactive website, and
14 availability of in-person, telephone and email access to ombudsman
15 program staff or volunteers;
16 2. identifying, investigating, referring and resolving complaints that
17 are made by, or on behalf of individuals relative to access to services
18 provided by the office for people with developmental disabilities or
19 care coordination or other providers certified and/or authorized by the
20 office to provide services to people with developmental disabilities[,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05102-02-3
S. 3108--A 2
1 and access to initial and continuing intellectual and developmental
2 disability services and supports];
3 3. providing assistance for navigating and completing processes, such
4 as paperwork and documentation, to access services provided by the
5 office for people with developmental disabilities or the care coordi-
6 nation provided by health homes serving individuals with developmental
7 disabilities to individuals or services provided by other providers,
8 and/or anyone seeking assistance on their behalf;
9 4. assisting individuals in filing and preparing appeals, and repres-
10 enting individuals in appeals and hearings concerning adverse benefit
11 determinations regarding services provided by the office for people with
12 developmental disabilities or health homes serving individuals with
13 developmental disabilities to individuals or services provided by other
14 providers;
15 5. collecting, tracking, and quantifying problems and inquiries
16 encountered by individuals; and
17 6. educating individuals on their rights and responsibilities with
18 respect to access to services provided by the office for people with
19 developmental disabilities and care coordination provided by health
20 homes serving individuals with developmental disabilities or services
21 provided by other providers.
22 (c) Notices and materials provided to individuals by the office for
23 people with developmental disabilities, providers of services, and the
24 health homes serving individuals with developmental disabilities shall
25 include the name, phone number and website address of the independent
26 developmental disability ombudsman program established by the office for
27 people with developmental disabilities pursuant to this section. [The
28 phone number shall be available for forty hours every week.]
29 (d) Funds available for expenditure pursuant to this section for the
30 establishment of an independent developmental disability ombudsman
31 program may be allocated and distributed by the commissioner of the
32 office for people with developmental disabilities, subject to the
33 approval of the director of the budget, but only after the commissioner
34 of the office for people with developmental disabilities holds a request
35 for proposal process for the establishment of an independent develop-
36 mental disability ombudsman program. Only domestic not-for-profit corpo-
37 rations shall be eligible to submit proposals for such program. Entities
38 that currently receive funding from the office for people with develop-
39 mental disabilities to provide services to people with developmental
40 disabilities, or to operate care coordination organizations, or that
41 bill the Medicaid program for medical or health care services, shall be
42 excluded from consideration. The commissioner of the office for people
43 with developmental disabilities shall consider all competitive proposals
44 submitted through such request for proposal process and shall determine
45 which proposal submitted is appropriate for the establishment of an
46 independent developmental disability ombudsman program. In making such
47 determination, applicants who demonstrate experience providing advocacy
48 or assistance to people with developmental disabilities, experience
49 operating a call center, or experience tracking and reporting on case
50 activities while protecting individual confidentiality shall receive
51 deference for the award.
52 § 2. This act shall take effect on the one hundred eightieth day after
53 it shall have become a law and shall apply to all policies and contracts
54 issued, renewed, modified, altered or amended on and after such date;
55 provided, however, that if section 1 of part KK of chapter 57 of the
56 laws of 2023 shall not have taken effect on or before such date then
S. 3108--A 3
1 this act shall take effect on the same date and in the same manner as
2 such section of such part of such chapter of the laws of 2023, takes
3 effect.