Bill Text: NY S06641 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the administration of services offered by the office for people with developmental disabilities.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2014-11-21 - VETOED MEMO.519 [S06641 Detail]

Download: New_York-2013-S06641-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6641--A
                                   I N  S E N A T E
                                   February 21, 2014
                                      ___________
       Introduced  by Sens. CARLUCCI, MAZIARZ, RANZENHOFER, TKACZYK, VALESKY --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on  Mental  Health  and  Developmental Disabilities --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT relating to the administration of services to people with devel-
         opmental disabilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The legislature hereby finds and declares that the policy
    2  known as the "front door" has been implemented to control the allocation
    3  of services to people with developmental disabilities. This has  led  to
    4  widespread  complaints  about service denials to people who are in crit-
    5  ical need of services, some living at home with aging parents who  them-
    6  selves have disabilities significant enough to prevent them from contin-
    7  uing as their child's caregiver. Furthermore, widespread reports suggest
    8  that  the  number of persons in critical need is growing larger and more
    9  severe for a broad range  of  people  with  developmental  disabilities,
   10  including  those  transitioning  out of school, in addition to those who
   11  now live at home.  Compounding these problems the state has  elected  to
   12  assume  substantial decision making and administrative authority without
   13  having the means, resources or a clear process to efficiently and  expe-
   14  ditiously carry out these functions. The consequence has been inordinate
   15  delays  in  the  allocation of critical services, constrained choice and
   16  the inability to appropriately and  efficiently  redirect  resources  to
   17  better serve people and families in need.
   18    S  2.  The  commissioner  of  the office for people with developmental
   19  disabilities, in collaboration with the developmental disabilities advi-
   20  sory council established pursuant to section 13.05 of the mental hygiene
   21  law, shall develop a plan for overhauling and improving the  front  door
   22  process. Such commissioner shall submit the plan to the temporary presi-
   23  dent of the senate and the speaker of the assembly no later than October
   24  1,  2014  and implement guidelines putting the plan into effect no later
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13869-06-4
       S. 6641--A                          2
    1  than December 1, 2014. The plan shall consist of  proposals  to  address
    2  the following:
    3    (a) Recognize critical needs of people with developmental disabilities
    4  living at home with persons whose ability to act as a caregiver has been
    5  diminished  by age, disability or any other relevant factors and develop
    6  clear and transparent guidelines for when in-home placement is appropri-
    7  ate and when out-of-home placement is appropriate.
    8    (b) Develop, and update quarterly, waiting lists for services provided
    9  to people with developmental disabilities.
   10    (c) Provide clear and specific guidelines outlining criteria for  when
   11  self-direction is and is not appropriate for each individual.
   12    (d)  Provide guidelines for a clear, expeditious and transparent proc-
   13  ess for allocating residential placements and other critical services to
   14  persons based on their individual needs. Such process shall be  consist-
   15  ent across the state and where exceptions are made such exceptions shall
   16  be  made  in  explicit  recognition  of clear and rational factors. Such
   17  guidelines shall:
   18    (1) Ensure that critical needs are met in a timely fashion;
   19    (2) Provide an expedited appeals process  to  review  and  approve  of
   20  requests  for critical services when the state has not responded to such
   21  requests within 21 business days and to  review  state  decisions  which
   22  serve  to unreasonably deny services, including the creation of a perma-
   23  nent independent consumer support  program  to  assist  persons  seeking
   24  services  to  understand the process, their rights to due process and to
   25  assist in the  resolution  of  problems  regarding  services,  coverage,
   26  access and due process rights.
   27    (3)  Provide  linguistically and culturally appropriate information on
   28  services and access to services in a universally clear  and  transparent
   29  manner. Also, ensure that families can secure the services of a medicaid
   30  service coordinator without having to go through the front door process.
   31    (4)  Provide a process to ensure that people in crisis are not subject
   32  to the front door process and receive immediate services.
   33    (5) Report on the extent to which the front door  policy,  as  it  has
   34  been  implemented,  is  consistent  with applicable requirements for the
   35  home and community  based  waiver  regarding  timeliness  of  decisions,
   36  comprehensiveness  of necessary services, choice, persons centered plan-
   37  ning and other matters affecting the  appropriateness  and  adequacy  of
   38  services for people with developmental disabilities.
   39    (6)  Provide  guidelines  to  facilitate and support the evaluation of
   40  post-secondary options consistent with the commissioner  of  education's
   41  part 200 regulations.
   42    S 3. This act shall take effect immediately.