senate Bill S4777B

Amended

Appropriates money to the office for people with developmental disabilities for the funding of various programs

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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

  • 23 / Apr / 2013
    • REFERRED TO FINANCE
  • 21 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 21 / May / 2013
    • PRINT NUMBER 4777A
  • 29 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 29 / May / 2013
    • PRINT NUMBER 4777B
  • 31 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 31 / May / 2013
    • PRINT NUMBER 4777C
  • 14 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 14 / Jun / 2013
    • PRINT NUMBER 4777D
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1444
  • 18 / Jun / 2013
    • SUBSTITUTED BY A6692C

Summary

Appropriates money to the office for people with developmental disabilities for the funding of various programs.

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Bill Details

Versions:
S4777
S4777A
S4777B
S4777C
S4777D
Legislative Cycle:
2013-2014
Law Section:
Appropriations

Sponsor Memo

BILL NUMBER:S4777B

TITLE OF BILL: An act making an appropriation to the office for
people with developmental disabilities for the purpose of providing
additional services and expenses for community programs for people
with developmental disabilities

SUMMARY OF PROVISIONS: Legislative intent relative to the need of
providing adequate program funding for people with developmental
disabilities. This bill appropriates $90 million or such amount
thereof as may be necessary for the purpose of funding OPWDD nonprofit
services. The amount of the appropriation shall be based on a
recommendation developed by the workgroup appointed pursuant to
chapter 53 of the laws of 2013. The workgroup shall develop its
recommendation after evaluating the extent to which the savings Plan
it developed pursuant to budget language restores the $90 million
reduction enacted in the final budget. To the extent that funding
falls short of fully restoring the $90 million reduction the director
of the budget shall deposit sufficient funds to make up for such
shortfall to the credit of the general fund for the purpose of funding
services through OPWDD.

JUSTIFICATION: The final FY 13-14 budget for not-for-Profit services
to the Office of People with Developmental Disabilities was cut by a
state share amount of $90 million or 4.5% With added federal funds
this will amount to a $180 million reduction.

Advocates, people with developmental disabilities and their families
believe that given the years of consecutive cuts to the developmental
disabilities system, it is essential to eliminate the entire $90
million cut. This is especially true because of the enormous demands
on the system of developmental disabilities services from waves of new
regulations, the transition to managed care and a "transformational"
agenda aimed at moving people to least restrictive environments.

To begin the process of minimizing the $90 million cut, language in
the final budget directed a workgroup to develop a savings plan. The
savings plan was finalized by the workgroup at the end of March.
While initial assessments of the savings plan are positive, it is
unclear exactly to what extent it reduces the 4.5% cut.

This bill requires that the impact of the savings plan be reevaluated
at future date by the workgroup so that an accurate assessment of the
savings plan's impact will be possible. To the extent that the savings
plan does not provide sufficient savings to eliminate the impact of
the $90 million cut, this bill would appropriate the shortfall to
OPWDD and make good on the Legislature's promise for full restoration
but only after every effort was made to achieve full restoration
without resorting to new appropriations. While savings plan reductions
such as supplemental room and board costs and certain administrative
costs are consistent with the most efficient use of funds, associated
funding must remain to support system transition and unmet needs.

This approach to full restoration is responsible, cost effective and
fair to the State, people with developmental disabilities and their
families and Providers.


PRIOR HISTORY: None

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

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

                                 4777--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced by Sens. GOLDEN, ADDABBO, BRESLIN, FUSCHILLO, GRIFFO, HANNON,
  KENNEDY,  LARKIN,  MAZIARZ,  NOZZOLIO, O'MARA, RANZENHOFER, TKACZYK --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT making an appropriation to the office for  people  with  develop-
  mental  disabilities  for the purpose of providing additional services
  and expenses for community  programs  for  people  with  developmental
  disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "People
with  Developmental  Disabilities  Restoration  and  Reinvestment Act of
2013".
  S 2. The sum of ninety million dollars ($90,000,000), or so much ther-
eof as may be necessary, is hereby appropriated to the office for people
with developmental disabilities out of any moneys in the state  treasury
in  the  general  fund, not otherwise appropriated, and made immediately
available, for the purposes of this act:
  The amount of such monies necessary shall be determined by the commis-
sioner of developmental disabilities and  director  of  the  budget  and
shall  be based on a recommendation developed by the workgroup appointed
pursuant to chapter 53 of the laws of 2013. The workgroup shall  develop
its  recommendation upon evaluating the extent to which the savings plan
it developed pursuant to budget language included in chapter 53  of  the
laws  of 2013 maintains rates of payment for Medicaid services at levels
no less than those in effect on March 31, 2013 and reimbursement  levels
for  any other OPWDD funded programs and services in effect on March 31,
2013. However to the extent that any additional federal funds  or  other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-08-3

S. 4777--B                          2

funds  are  made  available  for this purpose those funds may be used to
offset the requirement to use the full ninety million  dollars.  To  the
extent  that  funding falls short of the amount necessary to fulfill the
proposes  of  this  act, no later than December 31, 2013 the director of
the budget shall deposit sufficient funds to make up for such  shortfall
to  the  credit  of  the general fund. The commissioner of developmental
disabilities and director of the  budget  may  also  take  into  account
greater  efficiencies  which  do  not diminish or impair services or the
quality of care as reflected in the recommendations of the workgroup.
  Ninety million dollars ($90,000,000)  or  such  amount  as  determined
pursuant  to  this  act shall be made available to the office for people
with developmental disabilities immediately for the purpose of providing
additional services and expenses for community programs for people  with
developmental  disabilities pursuant to article 41 of the mental hygiene
law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws  of
1977,  chapter  412 of the laws of 1981, chapter 27 of the laws of 1987,
chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and any
other provisions of the mental hygiene law.
  Notwithstanding any inconsistent provision of law,  the  appropriation
shall be net of refunds, rebates, reimbursements, and credits.
  Notwithstanding any inconsistent provision of law, the director of the
budget  is authorized to make sub-allocations from this appropriation up
to $90,000,000 to the department of health  medical  assistance  program
for  the  state share of additional medical assistance services expenses
incurred by the department  of  health  for  the  provision  of  medical
assistance to people with developmental disabilities.
  Notwithstanding any other provision of law, advances and reimbursement
made  pursuant  to subdivision (d) of section 41.15 and section 41.18 of
the mental hygiene law shall be allocated pursuant to a plan  and  in  a
manner  prescribed by the commissioner of developmental disabilities and
approved by the director of the budget.   No expenditure shall  be  made
from  this  appropriation  until  a  certificate  of allocation has been
approved by the director of the budget and copies thereof filed with the
state comptroller, and the chairs of the  senate  finance  and  assembly
ways  and means committees. The moneys hereby appropriated are available
to reimburse or advance localities and voluntary non-profit agencies for
expenditures made during local  fiscal  periods  commencing  January  1,
2013,  April  1,  2013 or July 1, 2013, and for advances for the 3 month
period beginning January 1, 2014.
  Such moneys shall be payable on the audit and  warrant  of  the  comp-
troller  on vouchers certified or approved by the commissioner of devel-
opmental disabilities in the manner prescribed by law.
  S 3. This act shall take effect immediately.

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