Bill Text: NY S05809 | 2021-2022 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO DISABILITIES [S05809 Detail]

Download: New_York-2021-S05809-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5809

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 18, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on 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-three,
     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)  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
    23    3. the number of individuals expected to require  home  and  community
    24  based services waiver-funded habilitation services at-home;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09676-01-1

        S. 5809                             2

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