senate Bill S6641B

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:
A8846B
Versions:
S6641
S6641A
S6641B
S6641C
Legislative Cycle:
2013-2014
Law Section:
Mental Retardation

Sponsor Memo

BILL NUMBER:S6641B

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 January 1, 2015 with implementation beginning no later than
April 1, 2015. 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.

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 have 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 for individuals with developmental disabilities
consistent with subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law.

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--B

                            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 -- reported favorably from said commit-
  tee and committed to the Committee on Finance -- 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 that the policy known as the
"front door" is being implemented to allocate services  to  people  with
developmental disabilities based on person-centered planning. 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, those living
with aging caregivers, and those who live at home but  are  in  need  of
more  intensive  services. Compounding this situation, it has been found
that while individuals linger in inappropriate settings there are vacan-
cies that remain at provider agencies. To reduce  delays  and  create  a
more  efficient  and  seamless coordination of services, it is paramount
that transparent and more timely guidance is provided to individuals  in
need of services and their families. In addition, clear guidance must be
given to providers of services to ensure that services are utilized in a
meaningful and thoughtful manner.
  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 implementing the front door process.  Such
commissioner  shall  submit  the  plan to the temporary president of the
senate and the speaker of the assembly no later than January 1, 2015 and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13869-09-4

S. 6641--B                          2

implement guidelines putting the plan into effect no later than April 1,
2015. The plan shall consist of proposals to address the following:
  (a)  The  critical  needs  of  people  with developmental disabilities
living at home with persons whose ability to act as 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 individuals.
  (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.
  (3) Provide linguistically and culturally appropriate  information  on
services  and  access to services in a universally clear and transparent
manner.
  (4) Provide designated staff which  may  include  a  Medicaid  service
coordinator  to assist prospective service recipients and their families
with navigating the front door process.
  (5) Provide a process to ensure that people in crisis are not  subject
to the front door process and receive immediate services.
  (6)  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.
  (7) Provide guidelines to facilitate and  support  the  evaluation  of
post-secondary  options  for individuals with developmental disabilities
consistent with subparagraph 5  of  paragraph  b  of  subdivision  1  of
section 4402 of the education law.
  S 3. This act shall take effect immediately.

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