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

                                   989

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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

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

                                                           LBD02834-01-3

S. 989                              2

IMPAIRMENTS.  THIS TIERED SERVICE-DELIVERY MODEL WOULD ALLOW SERVICES TO
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;

S. 989                              3

  (C)  TIER  TWO  OF  THE  TIERED  SERVICES  ELIGIBILITY PROGRAM WILL BE
PROVIDED FOR UP TO AN ADDITIONAL SIX-MONTH PERIOD AND PROVIDE:
  (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.