senate Bill S3020

Establishes a program of tiered eligibility for services offered by OPWDD for persons with learning disabilities and other complex neurological impairments

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 07 / Feb / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 04 / Jan / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Establishes a program of tiered eligibility for services offered by the office of mental retardation and developmental disabilities for persons with learning disabilities and other complex neurological impairments.

do you support this bill?

Bill Details

Versions:
S3020
Legislative Cycle:
2011-2012
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง41.59, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S5209

Sponsor Memo

BILL NUMBER:S3020

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to establishing a program
of tiered eligibility for services offered by the office of mental
retardation and developmental disabilities for persons with learning
disabilities and other complex neurological impairments

PURPOSE:
This bill directs the Commissioner of OMRDD
to develop and
implement a two tiered service delivery model to target individual's
specific needs and provide quick response during crisis for persons
with learning disabilities and other complex neurological
impairments, including high functioning autism spectrum disorders.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 41.59 of the mental hygiene law
outlining legislative intent, defining terms, directing the
Commissioner of OMRDD to establish a program of tiered eligibility for
services for persons with learning disabilities and other complex
neurological impairments and sets forth the elements of such a
program. It also directs the Commissioner to develop a reimbursement
methodology for intensive services navigation as described in the
bill and to consult with a statewide association specifically
representing individuals with learning disabilities and related
services providers.

Section 2 of the bill provides for an effective date 180 days after
enactment provided however that the Commissioner of OMRDD is
authorized to promulgate any and all rules and regulations necessary
to implement the act.

JUSTIFICATION:
Individuals with learning disabilities are disproportionately
afflicted with other problems in society. For example, up to 60% of
adolescents in treatment for substance abuse have learning
disabilities, 48% of those with learning disabilities are out of the
workforce, 44% of those on welfare (TANF) were found to have a
learning disability, 50% of juvenile delinquents tested were found to
have an undetected learning disability and 31% of students with
learning disabilities will be arrested 3-5 years out of high school
to name just some of the sobering statistics.

All too often, our failure to appropriately provide educational and
support services for persons with learning disabilities results in
the tragic and costly use of "last resort" programs. When you
consider the large proportion of incarcerated New York State youth
who are known or suspected of having a learning disability, or the
numbers of adults with learning disabilities in our State
correctional facilities, or the disproportionate number of persons
with learning disabilities receiving income supports, in addition to
many other safety net programs and initiatives serving persons with
learning disabilities, then you will see the huge costs of this
tragedy, in both human and fiscal terms. Yet research and experience


demonstrates that modest investments in educational and supportive
services for persons with learning disabilities will have a
substantial positive impact on the lives and relationships, while
providing substantial savings to taxpayers.

Over the last 15 years OMRDD services have become more Medicaid
oriented and, as a result, individuals who used to be qualified to
received learning disability services often do not get qualified for
the services today. This proposal aims to provide a mechanism for the
state to respond to a crisis and to provide early intervention rather
than have people's only option be to wait for and pursue full OMRDD
eligibility. It creates a two tiered system. In tier one intensive
service navigation would be provided for a 3 to 6 month period and be
oriented to crisis intervention. Individuals all of whom have some
form of a neurological impairment and have recently experienced some
type of life changing event that has resulted in some form of crisis.
If the situation stabilized, the services would end. However, if the
need persisted and more direct intervention was required, individuals
would move into Tier 2 where service navigation would continue and
intensify and a process of assessing the individual's adaptive
behavior and providing new adaptive skills would begin. Tier 2 would
also be provided for 3-6 months and would end with either services
ending or they would continue to apply for OMRDD eligibility having
accurate information on the level of the person's handicapping
condition and the impact it is having on the individual's daily life.

This bill aims to provide assistance to those suffering from learning
disabilities who are experiencing crisis in their lives as a result
of that disability with assistance in navigating the situation, and
if necessary moving toward an application for OMRDD eligibility. It
is a triaged approach to serving many individuals in our society who
are falling through the cracks.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3020

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- 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:

  Section  1.  The mental hygiene law is amended by adding a new section
41.59 to read as follows:
S 41.59 TIERED SERVICES ELIGIBILITY.
  1. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS THAT
INDIVIDUALS WITH LEARNING DISABILITIES AND  OTHER  COMPLEX  NEUROLOGICAL
IMPAIRMENTS  ARE  OFTEN  NOT PROVIDED ESSENTIAL SUPPORT AND HABILITATIVE
SERVICES DUE TO THE LACK OF ESTABLISHED OFFICE FOR PEOPLE WITH  DEVELOP-
MENTAL  DISABILITIES'  ELIGIBILITY  PROTOCOLS. THIS INCLUDES INDIVIDUALS
WITH LEARNING DISABILITIES, HIGH FUNCTIONING AUTISM SPECTRUM  DISORDERS,
SUCH AS ASPERGER'S SYNDROME, AND A NUMBER OF OTHER COMPLEX NEUROLOGICAL-
LY  BASED  COGNITIVE  DISABILITIES. UNFORTUNATELY, THESE INDIVIDUALS ARE
THEN LEFT TO NAVIGATE THEIR LIVES AND THE CHALLENGES OF THEIR  DISABILI-
TIES  WITH MINIMAL OR NO ASSISTANCE. AS A RESULT, SUCH INDIVIDUALS OFTEN
LEAD LIVES OF GREAT DIFFICULTY AND VULNERABILITY THAT MAY  INCLUDE,  BUT
ARE  NOT LIMITED TO, EXTENDED PERIODS OF INCARCERATION, LIFELONG DEPEND-
ENCE ON PUBLIC ASSISTANCE, SUBSTANCE ABUSE, AND  VICTIMIZATION,  COUPLED
WITH  MANY OTHER NEGATIVE AND COSTLY OUTCOMES. IN RESPONSE TO THIS GROW-
ING PROBLEM, THE LEGISLATURE HEREBY DIRECTS THE COMMISSIONER OF DEVELOP-
MENTAL DISABILITIES TO DEVELOP AND IMPLEMENT A PROGRAM OF TIERED  ELIGI-
BILITY  FOR  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES' SERVICES
FOR PERSONS WITH LEARNING DISABILITIES AND  OTHER  COMPLEX  NEUROLOGICAL
IMPAIRMENTS.  THIS TIERED SERVICE-DELIVERY MODEL WOULD ALLOW SERVICES TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01015-01-1

S. 3020                             2

BE TARGETED AND BASED ON AN INDIVIDUAL'S SPECIFIC NEEDS, WHICH FOR  SOME
MAY BE MORE INTENSIVE AND FOR OTHERS RELATIVELY MINIMAL. THIS MODEL WILL
ALSO  FACILITATE  RAPID  RESPONSE  TO ADDRESSING PROBLEMS ENCOUNTERED BY
INDIVIDUALS IN CRISIS.  PROVIDING SERVICES THAT ARE TRULY NEEDED WILL BE
MORE  COST  EFFECTIVE AND A MORE SENSIBLE OPTION THAN THE CURRENT ELIGI-
BILITY PROCESS UTILIZED BY THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
DISABILITIES.
  2.  WHEN  USED  IN  THIS ARTICLE, UNLESS OTHERWISE EXPRESSLY STATED OR
UNLESS THE CONTEXT OTHERWISE REQUIRES:
  (A) "LEARNING DISABILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC
PSYCHOLOGICAL PROCESSES INVOLVED IN UNDERSTANDING OR IN USING SPOKEN  OR
WRITTEN  LANGUAGE,  WHICH MAY MANIFEST ITSELF IN AN IMPERFECT ABILITY TO
LISTEN, THINK, SPEAK, READ, WRITE, SPELL OR TO  DO  MATHEMATICAL  CALCU-
LATIONS. THIS INCLUDES SUCH CONDITIONS AS PERCEPTUAL DISABILITIES, MINI-
MAL BRAIN DYSFUNCTION, DYSLEXIA, DYSGRAPHIA, DYSCALCULIA, DYSPRAXIA, AND
DEVELOPMENTAL APHASIA;
  (B)  "COMPLEX NEUROLOGICAL IMPAIRMENT" MEANS AUTISM SPECTRUM DISORDER,
SUCH AS ASPERGER'S SYNDROME, OR OTHER COGNITIVE DISABILITIES OF A  SIMI-
LAR NATURE AND RESULTING IN SIMILAR NEEDS BY AFFECTED INDIVIDUALS;
  (C) "INTENSIVE SERVICE NAVIGATION" MEANS A SERVICE WHOSE PRIMARY FUNC-
TION  IS  TO  CONNECT  PERSONS  WITH  LEARNING DISABILITIES AND/OR OTHER
COMPLEX NEUROLOGICAL IMPAIRMENTS TO APPROPRIATE SERVICES  AND  SUPPORTS.
INTENSIVE  SERVICE NAVIGATION COORDINATES ALL SERVICES FOR A PERSON WITH
A LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGICAL  IMPAIRMENT  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  MENTAL HEALTH SERVICES, PARENTING CLASSES,
SUPPORT GROUPS, RECREATIONAL ACTIVITIES, VOCATIONAL SERVICES, AND EDUCA-
TIONAL TRANSITIONAL PLANNING AND ALL BASIC NEEDS OF THE INDIVIDUAL.  THE
SERVICES  OF  THE  INTENSIVE  SERVICE  NAVIGATOR  ARE  TIME  LIMITED AND
ORIENTED TO SHORT TERM CRISIS INTERVENTION.
  3. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS CHAPTER OR  ANY
OTHER  STATE  LAW,  THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL
ESTABLISH 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.  SUCH
PROGRAM SHALL CONTAIN THE FOLLOWING ELEMENTS:
  (A)  WHEN AN INDIVIDUAL PRESENTS TO A SERVICE PROVIDER SEEKING SUPPORT
SERVICES, THE SERVICE PROVIDER SHALL  DETERMINE  IF  THE  INDIVIDUAL  IS
PRESENTING  WITH  A  LEARNING  DISABILITY  OR OTHER COMPLEX NEUROLOGICAL
IMPAIRMENT. IF THE SERVICE PROVIDER DETERMINES THAT THE INDIVIDUAL IS  A
PERSON  WITH AN APPARENT LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGI-
CAL IMPAIRMENT, AND THAT SUCH INDIVIDUAL REQUIRES IMMEDIATE  SERVICE  IN
ORDER TO PROTECT AND PROMOTE THE INDIVIDUAL'S HEALTH AND SAFETY, OR THAT
THE  INDIVIDUAL OTHERWISE FACES A CRISIS SITUATION THAT CAN BE HELPED BY
SERVICE AND ASSISTANCE, THE SERVICE PROVIDER MAY  IMPLEMENT  THE  TIERED
SERVICES ELIGIBILITY PROGRAM;
  (B)  TIER  ONE OF THE TIERED SERVICES ELIGIBILITY PROGRAM WILL CONSIST
OF  THE  IMMEDIATE  PROVISION  OF  INTENSIVE  SERVICE  NAVIGATION.  THIS
PROVISION OF SERVICES WILL BE PROVIDED FOR UP TO SIX MONTHS IN DURATION.
THE  SERVICE MAY END ANYTIME PRIOR TO THE END OF THE SIX-MONTH PERIOD IF
THE INDIVIDUAL AND SERVICE PROVIDER AGREE THAT  NO  FURTHER  SERVICE  OR
INTERVENTION  IS  REQUIRED. IF THE INDIVIDUAL AND SERVICE PROVIDER AGREE
AT THE END OF THE SIX MONTH PERIOD THAT THE NEED FOR  SERVICES  PERSISTS
AND  MORE  INTERVENTION  IS REQUIRED, THE INDIVIDUAL WILL MOVE INTO TIER
TWO;
  (C) TIER TWO OF  THE  TIERED  SERVICES  ELIGIBILITY  PROGRAM  WILL  BE
PROVIDED FOR UP TO AN ADDITIONAL SIX-MONTH PERIOD AND PROVIDE:

S. 3020                             3

  (1)   CONTINUATION   AND  INTENSIFICATION  OF  THE  INTENSIVE  SERVICE
NAVIGATOR'S EFFORTS TO STABILIZE THE INDIVIDUAL'S CRISIS SITUATION;
  (2)  A  PROCESS POTENTIALLY LEADING TO FULL ELIGIBILITY FOR OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES' SERVICES. AS PART OF THIS  PROC-
ESS,  THE  INTENSIVE SERVICE NAVIGATOR WILL CONDUCT AN ASSESSMENT OF THE
INDIVIDUAL'S ADAPTIVE BEHAVIOR LEVELS, CONDUCT AN ASSESSMENT OF AN INDI-
VIDUAL'S ABILITY TO EFFECTIVELY LEARN AND PUT INTO PRACTICE NEW ADAPTIVE
SKILLS, AND GENERALLY PREPARE THE INDIVIDUAL FOR THE  ELIGIBILITY  PROC-
ESS;
  (D)  IF  DURING  TIER  TWO,  THE  INDIVIDUAL LEARNS NEW SKILLS AND THE
CRISIS SUBSIDES, THE INDIVIDUAL AND  SERVICE  PROVIDER  CAN  AGREE  THAT
SERVICES BE TERMINATED PRIOR TO THE CONCLUSION OF THIS TIER; AND
  (E)  IF  THE INTENSIVE SERVICE NAVIGATOR AND INDIVIDUAL AGREE THAT THE
INDIVIDUAL WOULD BENEFIT FROM ON-GOING SERVICE AND SUPPORT,  THE  INTEN-
SIVE  SERVICE  NAVIGATOR  WILL  ASSIST THE INDIVIDUAL IN APPLYING TO THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES FOR A FULL ELIGIBILITY
DETERMINATION.
  4. THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL, IN  CONSULTA-
TION WITH EXPERIENCED SERVICE PROVIDERS, DEVELOP A REIMBURSEMENT METHOD-
OLOGY  FOR  INTENSIVE  SERVICE  NAVIGATION AS DESCRIBED IN THIS SECTION.
SUCH REIMBURSEMENT SHALL COVER THE SERVICE PROVIDER'S  REASONABLE  COSTS
FOR  PROVIDING THIS SERVICE AND BE PAID TO THE SERVICE PROVIDERS AS PART
OF THE USUAL AND CUSTOMARY COST REIMBURSEMENT PROCESS.
  5. IN DEVELOPING THIS PROGRAM, THE COMMISSIONER OF DEVELOPMENTAL DISA-
BILITIES SHALL CONSULT WITH A STATEWIDE ASSOCIATION SPECIFICALLY REPRES-
ENTING INDIVIDUALS  WITH  LEARNING  DISABILITIES  AND  RELATED  SERVICES
PROVIDERS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided however, that the commissioner of
developmental disabilities is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement  this
act on its effective date on or before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.