senate Bill S3167A

Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly

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Bill Status


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

  • 10 / Feb / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 04 / Apr / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 11 / Apr / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
  • 11 / Apr / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 05 / Jan / 2012
    • PRINT NUMBER 3167A
  • 23 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.

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Bill Details

See Assembly Version of this Bill:
A6553A
Versions:
S3167
S3167A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง13.28, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S5210, S5210

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S3167A

TITLE OF BILL:
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

PURPOSE:
To require OPWDD to submit a report by January 1, 2013 to the
legislature, and update it every 6 months thereafter, providing detailed
information on the waiting list for out-of-home residential care and a
summary of placement activity relating to persons on the waiting list
for each 6 month period prior to the submission of the report.

SUMMARY OF PROVISIONS:
Section 1 of the bill creates a new section 13.28 of the mental hygiene
law to require that OPWDD submit a report by January 1, 2013, and update
it every 6 months thereafter, providing detailed information on the
waiting list for out-of-home residential care and a summary of placement
activity relating to persons on the waiting list for each 6 month period
prior to the submission of the report. The bill requires that the report
specify placement settings used and note the number and reasons for
those placements that did either failed or for which the individuals,
his/her parent or guardian requested an alternative placement. The bill
requires that the report specify the type of placements expected to be
required to meet the needs of individuals on the waiting list. It also
requires OPWDD to list funding sources used for placement activity
including pertinent cost information. Finally, the bill requires OPWDD
to submit an updated plan every 6 months for meeting the needs of
persons on the waiting list.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW:
OPWDD provides residential opportunities to individuals under its care
Through state facilities as well as by contracting with licensed
not-for-profits to provide such Care. Funds have been appropriated each
year through the budget for the establishment of new opportunities to
meet the needs of individuals who are in need of residential care.

JUSTIFICATION:
The waiting list for persons with intellectual and other developmental
disabilities who require out-of-home residential care continues to be of
great concern. Many persons remaining at home are being cared for by
parents or other caregivers who themselves are acquiring age-related
disabilities. This can be extremely problematic, especially when
individuals with disabilities themselves are aging.

In fact, in February OPWDD's "Task Force on Aging" noted that statewide
persons living at home ages 60 to 69 numbered 1,871; ages 70-79 numbered
681; and, age 80+ numbered 320. A total of 27,211 persons with
developmental disabilities over age 30 continue to live at home. It is
not clear how many of these individuals require out of home placement.
More importantly, critical information on the exact size and needs of
the statewide waiting list is not readily available making it impossible


for policy makers to plan and budget accordingly. Furthermore, placement
activity appears highly sporadic and hard to track. Placement plans seem
as if they are continually changing. Increasingly, parents who had
previously been led to believe that they would have a placement for
their child find that this is no longer true.

This has left thousands of parents and families in a state of enormous
uncertainty and anxiety regarding the status of their child or loved
one's current or future placement. This bill will give them critical
information. It will also give the Legislature and others with an
interest in development policy information critical to enable them to do
their jobs.

LEGISLATIVE HISTORY:; New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                 3167--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 10, 2011
                               ___________

Introduced  by  Sens. HUNTLEY, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities -- recommitted to the Committee  on  Mental
  Health  and  Developmental Disabilities 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 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:

  Section  1.  The mental hygiene law is amended by adding a new section
13.28 to read as follows:
S 13.28 OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES;  RESIDENTIAL
          WAITLIST AND PLACEMENT REPORT.
  THE  OFFICE  SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND THIRTEEN, AND
EVERY SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT REPORT TO
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
INCLUDING THE FOLLOWING INFORMATION:
  (A)  WAITLIST INFORMATION. SUCH WAITLIST INFORMATION SHALL INCLUDE THE
STATEWIDE NUMBER OF INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO  THE
TOTAL  NUMBER  OF  INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY
SERVICES OFFICE'S GEOGRAPHIC AREA WHO AWAIT  RESIDENTIAL  PLACEMENT  AND
ARE EXPECTED TO REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFOR-
MATION  SHALL BE GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT
AND THE AGE OF THEIR CAREGIVER, IF  ANY.  SUCH  INFORMATION  SHALL  ALSO
INCLUDE:
  1.  THE  TYPE  OF  PLACEMENT  SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE
DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL  REQUIRING  INTENSIVE
MEDICAL CARE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08714-02-1

S. 3167--A                          2

  2.  NON-CERTIFIED  RESIDENTIAL  PLACEMENT  OUTSIDE  OF THE PARENT'S OR
PARENTS' OR OTHER CAREGIVER'S HOME; AND
  3.  THE  NUMBER  OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
  (B) PLACEMENT INFORMATION. SUCH PLACEMENT INFORMATION SHALL INCLUDE:
  1. THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE  SETTINGS
LISTED  IN  PARAGRAPHS  ONE,  TWO  AND  THREE OF SUBDIVISION (A) OF THIS
SECTION DURING THE SIX MONTHS PRECEDING  THE  DATE  OF  RELEASE  OF  THE
REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
  2.  THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE WAIT-
LIST, PLACED WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS  ONE,  TWO
AND  THREE  OF  SUBDIVISION  (A)  OF  THIS SECTION DURING THE SIX MONTHS
PRECEDING THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO  SUBDI-
VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
  (C)  THE  COMMISSIONER  SHALL REPORT THE NUMBER OF INDIVIDUALS WHO ARE
CURRENTLY PLACED IN A RESIDENTIAL PROGRAM, WHOSE  CURRENT  LIVING  SITU-
ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
  1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
  2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
(A) OF THIS SECTION; AND
  3.  THE  NUMBER  OF CHILDREN IN RESIDENTIAL PLACEMENTS EXPECTED TO AGE
OUT OF SUCH PLACEMENTS WITHIN A YEAR  AND  PLANS  FOR  CONTINUING  THEIR
PLACEMENTS AS ADULTS;
  (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
FOR  AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR PARENT
OR GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD  PRECEDING
THE  DATE  OF  RELEASE OF A REPORT, WITH CATEGORICAL DESCRIPTIONS OF THE
REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
SITUATION;
  (E) THE COST OF PLACEMENTS MADE  DURING  THE  PERIOD  OF  SUCH  REPORT
DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
  (F)  THE  APPROPRIATION  AUTHORITY USED TO FUND PLACEMENTS MADE DURING
THE PERIOD OF THE REPORT, INCLUDING THE YEAR OF THE  ORIGINAL  APPROPRI-
ATION  AND  BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION BY CATEGORY
SUCH AT OPTS, NYS-CARES OR OTHER CATEGORIES;
  (G) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS  REMAINING  ON  THE
WAITING LIST;
  (H)  AN  UPDATED  FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
  (I) A PLAN FOR MEETING THE  OUT-OF-HOME  RESIDENTIAL  PLACEMENT  NEEDS
SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
SION (A) OF THIS SECTION; AND
  (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
  S 2. This act shall take effect immediately.

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