senate Bill S6641B
(D) 38th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
Relates to the administration of services offered by the office for people with developmental disabilities.
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
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
-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.
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