senate Bill S7431A

Relates to integrated housing

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Bill Status


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

  • 14 / May / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 05 / Jun / 2014
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 05 / Jun / 2014
    • PRINT NUMBER 7431A
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1676
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2014
    • REFERRED TO MENTAL HEALTH

Summary

Relates to increasing housing opportunities for people with developmental disabilities.

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Bill Details

Versions:
S7431
S7431A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง13.42, Ment Hyg L

Sponsor Memo

BILL NUMBER:S7431A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
integrated housing

PURPOSE: This legislation has the commissioner of mental hygiene, in
consultation with the developmental disabilities advisory council, the
department of health, the division of housing and community renewal,
and the most integrated settings coordinating council and other
agencies as determined appropriate by the commissioner establish a
plan to increase housing opportunities for people with developmental
disabilities

SUMMARY OF PROVISIONS: Section 1 Amends the mental hygiene law by
adding a new section 13.42

JUSTIFICATION: When the Federal government and New York State entered
into the Transformational Agreement, the state agreed to close its
remaining developmental centers, and OPWDD is required to provide
integrated housing opportunities for most of the over 1,000
individuals transitioning into the community. New York State is also
required to transition the residents of all remaining campus and
non-campus based ICFs to community based settings. This agreement does
not address the amount of individuals with developmental disabilities
who live with family caregivers, 49,673 of which live with family
caregivers over the age of 60 who will be unable to care for their
special needs adult child in the near future. In the state there are
over 12,000 individuals with intellectual and developmental
disabilities (IDD) on OPWDD's statewide residential registry wait list
for community services and supports. Of the 12,000 IDD across the
state, 4,000 are in critical need. Governor Cuomo's Olmstead Plan for
New York State will transform OPWDD's delivery of services by
providing individuals more options, choosing the community supports
and services they need to live fuller lives integrated into the
community. However this transformation is expected to take another 3
to 8 years, causing the list of those who desperately need those
services to grow. Without a plan for integrated housing and the
funding to support it, the unmet need for community based services and
supports will continue to grow and reach crisis proportions while
threatening to overwhelm an already overburdened system.

FISCAL IMPLICATIONS: TBD

LEGISLATIVE HISTORY: New Bill.

EFFECTIVE DATE: Immediately.

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

                                 7431--A

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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

AN  ACT to amend the mental hygiene law, in relation to integrated hous-
  ing

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

  Section  1.  The mental hygiene law is amended by adding a new section
13.42 to read as follows:
S 13.42 INTEGRATED HOUSING PLAN.
  (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AND THE  MOST  INTEGRATED  SETTINGS  COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL ESTABLISH A PLAN TO INCREASE HOUSING OPPORTUNITIES FOR PEOPLE WITH
DEVELOPMENTAL  DISABILITIES.  THE PLAN SHALL INCLUDE, BUT NOT BE LIMITED
TO:
  (1) THE CREATION AND MAINTENANCE OF AN  INVENTORY  OF  AFFORDABLE  AND
ACCESSIBLE RENTAL UNITS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
AND
  (2)  IDENTIFICATION  OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING
OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
OWN HOME, LEASED APARTMENT, OR FAMILY'S HOME, WHEN SUCH A  PLACEMENT  IS
THEIR  INFORMED  CHOICE  AND  THE MOST INTEGRATED SETTING APPROPRIATE TO
THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHALL ADDRESS:
  (I) FACILITATING  OPPORTUNITIES  FOR  INDIVIDUALS  WITH  DEVELOPMENTAL
DISABILITIES, INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS
TO LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND AWAY FROM THEIR
PARENTAL HOME;
  (II)  INCREASING  THE  STOCK OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS
FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
  (III) INCREASING AND EXPANDING ACCESS TO RENTAL SUBSIDIES FOR INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15154-02-4

S. 7431--A                          2

  (IV) BUILDING UNDERSTANDING AND  AWARENESS  OF  INFORMED  CHOICES  FOR
INDEPENDENT  LIVING  AMONG  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
FAMILIES  PUBLIC  AND  PRIVATE  ORGANIZATION,  DEVELOPERS  AND  MEDICAID
SERVICE COORDINATORS;
  (V) REVIEWING AND EVALUATING POTENTIAL FEDERAL AND STATE POLICY CHANG-
ES  THAT  WILL  FACILITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES
AND SUPPORTS THAT PERMIT INDIVIDUALS TO CHOOSE MORE  INDEPENDENT  LIVING
OPTIONS; AND
  (VI) ASSESSING AND ADVANCING COORDINATED PLAN IMPLEMENTATION.
  (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND  COMMUNITY  RENEWAL,  AND  THE MOST INTEGRATED SETTINGS COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL DEVELOP THE PLAN WITH INPUT FROM STAKEHOLDERS, INCLUDING  INDIVID-
UALS  WITH DEVELOPMENTAL DISABILITIES, PARENTS AND GUARDIANS OF INDIVID-
UALS  WITH  DEVELOPMENTAL  DISABILITIES,  ADVOCATES  AND  PROVIDERS   OF
SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
  (C)  THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED AND
SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
ASSEMBLY  AND  THE  CHAIRS  OF  APPROPRIATE SENATE AND ASSEMBLY STANDING
COMMITTEES, AND POSTED ON THE WEBSITE OF  THE  OFFICE  FOR  PEOPLE  WITH
DEVELOPMENTAL DISABILITIES WITHIN ONE HUNDRED EIGHTY DAYS OF THE CENTERS
FOR  MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE STATE'S 1915(B)/(C)
HCBS WAIVER APPLICATION.
  S 2. This act shall take effect immediately.

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