senate Bill S6641

Vetoed Amended

Relates to the administration of services offered by the office for people with developmental disabilities

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Sponsor

Co-Sponsors

Bill Status


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

  • 21 / Feb / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 29 / Apr / 2014
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 29 / Apr / 2014
    • PRINT NUMBER 6641A
  • 21 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 22 / May / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 22 / May / 2014
    • PRINT NUMBER 6641B
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 10 / Jun / 2014
    • PRINT NUMBER 6641C
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1510
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A8846C
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.400
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 10 / Nov / 2014
    • DELIVERED TO GOVERNOR
  • 21 / Nov / 2014
    • VETOED MEMO.519

Summary

Relates to the administration of services offered by the office for people with developmental disabilities.

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Bill Details

Versions:
S6641
S6641A
S6641B
S6641C
Legislative Cycle:
2013-2014
Law Section:
Mental Hygiene

Sponsor Memo

BILL NUMBER:S6641

TITLE OF BILL: An act relating to the administration of services to
people with developmental disabilities

SUMMARY OF PROVISIONS:

This bill amends the Mental Hygiene Law to require the Commissioner of
the Office of People with Developmental Disabilities (OPWDD) to
develop a plan to overhaul and improve the front door process. The
Commissioner would be required to develop the plan in collaboration
with the Developmental Disabilities Advisory Council and must submit
the plan to the Speaker of the Assembly and Senate Majority Leader no
later than October 1, 2014, with implementation beginning no later
than December 1, 2014. The plan shall address issues raised by the
front door, including timeliness of decision making, the need to
expedite the delivery of services to individuals in critical need,
development of a wait list and clear and consistent guidelines for the
front door process.

EXISTING LAW:

JUSTIFICATION:

The "Front Door" process was implemented by OPWDD to provide a
rational means of allocating resources to meet the needs of people
with developmental disabilities and their families. However,
allocation decisions has often been time consuming and inefficient
without clear and transparent guidelines or sufficient administrative
resources to act expeditiously and in the best interests of people who
depend on critical services. Persons seeking placements, including
persons in critical need, have been denied or have been significantly
delayed in their receipt of services which are nonetheless available.
Therefore, the Front Door cannot evaluate the level of additional
resources necessary to care for individuals in need of services.
While rational allocation of resources is a critical means of
efficiently using resources, it cannot compensate for resources which
are inadequate in the first place.

This bill seeks to address these issues by:

- Ensuring that critical needs are met in a timely fashion;

- Providing an expedited appeals process to review and approve of
requests for critical services when the State has not responded to
such requests in a timely manner;

- Creating permanent 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;

- Providing linguistically and culturally appropriate information on
services and access to services in a universally clear and transparent
manner;


- Ensuring families the services of a Medicaid Service Coordinator
without having to go through the front door process and providing a
process to ensure that people in crisis are not subject to the front
door process and receive immediate services.

- 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
planning and other matters affecting the appropriateness and adequacy
of services for people with developmental disabilities;

- Provide guidelines to facilitate and support the evaluation of
postsecondary options consistent with the Commissioner of Education's
Part 200 regulations;

- Requiring the Commissioner to consider utilizing non-profit
developmental disabilities providers to provide administrative support
to facilitate the Front door process and the timely delivery of
services.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:

Immediately.

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

                                  6641

                            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-
  mental Disabilities

AN ACT relating to the administration of services to people with  devel-
  opmental disabilities

  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
the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13869-05-4

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
guidelines shall:
  (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.

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