senate Bill S6641A

Vetoed Amended

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

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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

See Assembly Version of this Bill:
A8846A
Versions:
S6641
S6641A
S6641B
S6641C
Legislative Cycle:
2013-2014
Law Section:
Mental Retardation

Votes

10
0
10
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:S6641A

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.

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
________________________________________________________________________

                                 6641--A

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by Sens. CARLUCCI, MAZIARZ, RANZENHOFER, TKACZYK, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Mental  Health  and  Developmental Disabilities --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13869-06-4

S. 6641--A                          2

than December 1, 2014. The plan shall consist of  proposals  to  address
the following:
  (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.
  S 3. This act shall take effect immediately.

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