senate Bill S7400B

Relates to oversight of developmental disability care organizations and coordinate services

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 14 / May / 2014
    • REFERRED TO HEALTH
  • 03 / Jun / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 03 / Jun / 2014
    • PRINT NUMBER 7400A
  • 10 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 10 / Jun / 2014
    • PRINT NUMBER 7400B
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1697
  • 20 / Jun / 2014
    • SUBSTITUTED BY A9766A

Summary

Relates to oversight of developmental disability care organizations and coordinate services.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9766A
Versions:
S7400
S7400A
S7400B
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง4403 & 4403-f, Pub Health L

Sponsor Memo

BILL NUMBER:S7400B

TITLE OF BILL: An act to amend the public health law, in relation to
services for individuals with developmental disabilities

PURPOSE: To ensure that New York State's public policy of providing
supports and services for individuals with developmental disabilities,
such as residential, day and employment services, will continue to be
by either public or nonprofit entities with experience providing those
services under the Office for People With Developmental Disabilities
(OPWDD)

JUSTIFICATION: New York State has a long history of providing
supports and services (such as residential, day and employment
services) to individuals with developmental disabilities through
partnerships between state and voluntary providers of service. With
the transition to managed care, it is important that New York State
continues to ensure that the State's public policy of providing
residential, day, employment and other supports and services for
individuals with developmental disabilities continue to be by either
public or nonprofit entities with experience providing those services
under OPWDD. This proposal will ensure "state-wideness" as required by
CMS and will ensure that no matter what type of managed care entity an
individual with developmental disabilities is enrolled in, the
provider of their OPWDD services will continue to be either public or
nonprofit.

As originally envisioned, individuals with developmental disabilities
would only transition into managed care and be served by a managed
care entity called a DISCO (Developmental Disability Individual
Support and Care Coordination organization) which requires that
providers of long term care supports and services for individuals with
developmental disabilities continue to be nonprofit. However, the
original construct has since changed. As currently envisioned,
individuals with developmental disabilities will receive services
through a mainstream Managed Care Organizations (MCO), a Managed Long
Term Care plan (MLTC) or a DISCO, with no requirement that the
provider of the OPWDD services (residential, day, employment etc.) be
provided by a nonprofit entity with experience, regardless of the type
of managed care entity.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: The act shall take effect immediately

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

                                 7400--B

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to services for indi-
  viduals with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (a-1) of subdivision 8 of section 4403
of the public health law, as added by section 74 of part A of chapter 56
of the laws of 2013, are amended to read as follows:
  (a) Such organization must have the ability to provide  or  coordinate
services for persons with developmental disabilities, as demonstrated by
criteria  to  be  determined by the commissioner and the commissioner of
the office for people with  developmental  disabilities.  Such  criteria
shall  include,  but not be limited to, adequate experience providing or
coordinating services for  persons  with  developmental  disabilities[.]
UNDER  THE  REGULATORY  OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES;
  (a-1) If the commissioner and  the  commissioner  of  the  office  for
people  with developmental disabilities determine that such organization
lacks the experience required in paragraph (a) of this subdivision,  the
organization  shall  have  an  affiliation arrangement with an entity or
entities THAT ARE NON-PROFIT with experience serving persons with devel-
opmental disabilities UNDER THE REGULATORY OVERSIGHT OF THE  OFFICE  FOR
PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO,
RESIDENTIAL, DAY, AND EMPLOYMENT SERVICES such that the affiliated enti-
ty will  coordinate  and  plan  services  operated,  certified,  funded,
authorized or approved by the office for people with developmental disa-
bilities or will oversee and approve such coordination and planning;
  S  2.  Paragraphs (a) and (a-1) of subdivision 12 of section 4403-f of
the public health law, as added by section 76 of part A of chapter 56 of
the laws of 2013, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15107-09-4

S. 7400--B                          2

  (a) Such plan must have the ability to provide or coordinate  services
for  persons with developmental disabilities as demonstrated by criteria
to be determined by the commissioner and the commissioner of the  office
for people with developmental disabilities. Such criteria shall include,
but  not  be  limited  to, adequate experience providing or coordinating
services for persons with developmental disabilities UNDER THE REGULATO-
RY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
  (a-1) If the commissioner and  the  commissioner  of  the  office  for
people  with  developmental  disabilities determine that such plan lacks
the experience required in paragraph (a) of this subdivision,  the  plan
shall  have  an  affiliation arrangement with an entity or entities THAT
ARE NON-PROFIT with experience serving persons with developmental  disa-
bilities  UNDER  THE  REGULATORY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO,  RESIDENTIAL,
DAY  AND EMPLOYMENT SERVICES, such that the affiliated entity will coor-
dinate and plan services  operated,  certified,  funded,  authorized  or
approved  by  the  office  for people with developmental disabilities or
will oversee and approve such coordination and planning;
  S 3. This act shall take effect immediately, provided,  however,  that
the amendments to subdivision 8 of section 4403 of the public health law
made  by  section  one  of  this act shall not affect the repeal of such
subdivision and shall be deemed repealed  therewith;  provided,  further
that  the  amendments  to subdivision 12 of section 4403-f of the public
health law made by section two of this act shall not affect  the  repeal
of such subdivision and such section and shall be deemed repealed there-
with.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.