Bill Text: NY S04885 | 2013-2014 | General Assembly | Amended
Bill Title: Creates the managed care for persons with developmental disabilities advocacy program.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-02-04 - REPORTED AND COMMITTED TO FINANCE [S04885 Detail]
Download: New_York-2013-S04885-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4885--A 2013-2014 Regular Sessions I N S E N A T E April 30, 2013 ___________ Introduced by Sens. CARLUCCI, GRISANTI -- read twice and ordered print- ed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- reported favorably from said commit- tee and committed to the Committee on Finance -- 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 creation of the managed care for persons with developmental disabilities advocacy program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 13.40 of the mental hygiene law is amended by 2 adding a new subdivision (h) to read as follows: 3 (H) THE COMMISSIONER AND THE COMMISSIONER OF HEALTH SHALL JOINTLY 4 ESTABLISH THE MANAGED CARE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES 5 ADVOCACY PROGRAM, HEREINAFTER REFERRED TO AS THE ADVOCACY PROGRAM. THE 6 ADVOCACY PROGRAM SHALL BE INTEGRATED WITH AND PROVIDED IN ADDITION TO 7 INDEPENDENT MEDICAID MANAGED CARE OMBUDS SERVICES PROVIDED TO PERSONS 8 WITH DISABILITIES ENROLLING IN MEDICAID MANAGED CARE. THE ADVOCACY 9 PROGRAM SHALL: ADVISE INDIVIDUALS OF APPLICABLE RIGHTS AND RESPONSIBIL- 10 ITIES, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO TREATMENT, PERSON 11 CENTERED CARE, CARE IN THE MOST INTEGRATED SETTING, AND THE RIGHT TO 12 CONTEST DECISIONS MADE BY A MANAGED CARE COMPANY; PROVIDE INFORMATION, 13 REFERRALS AND TECHNICAL ASSISTANCE TO ADDRESS THE NEEDS OF INDIVIDUALS 14 WITH DISABILITIES; AND PURSUE LEGAL, ADMINISTRATIVE AND OTHER APPROPRI- 15 ATE REMEDIES OR APPROACHES TO ENSURE THE PROTECTION OF AND ADVOCACY FOR 16 THE RIGHTS OF THE ENROLLEES. THE ADVOCACY PROGRAM SHALL ALSO PROVIDE 17 SUPPORT TO ELIGIBLE INDIVIDUALS ENROLLING IN DISCOS, HMOS PROVIDING 18 SERVICES PURSUANT TO SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED 19 THREE OF THE PUBLIC HEALTH LAW, MANAGED LONG TERM CARE PLANS PROVIDING 20 SERVICES UNDER SUBDIVISIONS TWELVE, THIRTEEN AND FOURTEEN OF SECTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10533-06-3 S. 4885--A 2 1 FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW, FULLY INTEGRATED 2 DUAL ADVANTAGE PROVIDING SERVICES UNDER SUBDIVISION TWENTY-SEVEN OF 3 SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, AND ANY 4 OTHER MANAGED CARE ENTITY; SUPPORT DURING THE PERSON-CENTERED PLANNING 5 PROCESS AND RELATED PROCESSES INCLUDING UPDATES TO THE PERSON-CENTERED 6 CARE PLAN; AND ASSISTANCE WITH SECURING HOUSING, EMPLOYMENT, AND COMMU- 7 NITY-BASED SUPPORTS AND SERVICES THAT FALL OUTSIDE OF THE SCOPE OF DISCO 8 SERVICES AND SUPPORTS. 9 THE COMMISSIONERS SHALL JOINTLY DESIGNATE AN INDEPENDENT AGENCY OR 10 ORGANIZATION TO ADMINISTER THE ADVOCACY PROGRAM. SUCH AGENCY SHALL BE 11 THE AGENCY COORDINATING THE INDEPENDENT MEDICAID MANAGED CARE OMBUDS 12 SERVICES, OR A SUB-CONTRACTOR OF THAT AGENCY. THE ADVOCACY PROGRAM SHALL 13 BE ADVISED BY A BOARD, WHOSE MEMBERSHIP SHALL REFLECT REPRESENTATION OF 14 THE DEVELOPMENTAL DISABILITY POPULATION. 15 S 2. Nothing in this act is intended to transfer to the developmental 16 disabilities advocacy program created by subdivision (h) of section 17 13.40 of the mental hygiene law any current duties, including Medicaid 18 service coordination, of state employees who are employed by the office 19 for people with developmental disabilities. 20 S 3. This act shall take effect immediately.