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