S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9920
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on People with Disabilities
 
 AN  ACT  to  amend the mental hygiene law, in relation to requiring that
   applications submitted by individuals with developmental  disabilities
   for eligibility determinations and service authorizations be processed
   in a timely manner

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.07 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (c-1) to read as follows:
   (C-1)  1.  IN CARRYING OUT THE RESPONSIBILITIES IDENTIFIED IN SUBDIVI-
 SION (C) OF THIS SECTION, THE OFFICE SHALL ENSURE THAT APPLICATIONS  FOR
 ELIGIBILITY DETERMINATIONS AND SERVICE AUTHORIZATIONS ARE PROCESSED IN A
 TIMELY  MANNER.  SPECIFICALLY, EXCEPT IN A CASE WHERE THE APPLICATION IS
 NOT REASONABLY CLEAR, OMITS REQUIRED INFORMATION, OR  WHEN  THERE  IS  A
 REASONABLE  BASIS SUPPORTED BY SPECIFIC INFORMATION AVAILABLE FOR REVIEW
 BY THE OFFICE THAT SUCH  APPLICATION  WAS  SUBMITTED  FRAUDULENTLY,  THE
 OFFICE  SHALL  COMPLETE PROCESSING OF THE APPLICATION WITHIN ONE HUNDRED
 TWENTY DAYS OF RECEIPT OF SUCH APPLICATION TRANSMITTED VIA THE  INTERNET
 OR ELECTRONIC MAIL.
   2.  IN THE CASE WHERE THE APPLICATION IS NOT REASONABLY CLEAR OR LACKS
 REQUIRED INFORMATION, THE OFFICE SHALL NOTIFY THE APPLICANT  IN  WRITING
 WITHIN  THIRTY  CALENDAR  DAYS  OF  THE  RECEIPT  OF SUCH APPLICATION TO
 REQUEST ALL ADDITIONAL INFORMATION NEEDED TO PROCESS SUCH APPLICATION.
   3. UPON RECEIPT OF THE INFORMATION REQUESTED IN PARAGRAPH TWO OF  THIS
 SUBDIVISION,  THE  OFFICE  SHALL  COMPLETE PROCESSING OF THE APPLICATION
 WITHIN SIXTY DAYS.
   4. THE OFFICE SHALL REPORT ON A QUARTERLY BASIS TO  THE  DEVELOPMENTAL
 DISABILITIES  ADVISORY  COUNCIL,  THE  GOVERNOR, THE CHAIR OF THE SENATE
 DISABILITIES COMMITTEE  AND  THE  CHAIR  OF  THE  ASSEMBLY  DISABILITIES
 COMMITTEE  FOR  BOTH  ELIGIBILITY AND SERVICE AUTHORIZATION APPLICATIONS
 (I) THE NUMBER AND TYPE OF APPLICATIONS RECEIVED, INCLUDING BY GEOGRAPH-
 IC REGION AND/OR COUNTY AND THE AGE OR AGE-RANGE OF APPLICANTS, (II) THE
 NUMBER OF EACH TYPE OF APPLICATION APPROVED, (III) THE AVERAGE TIMEFRAME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14196-01-2
 A. 9920                             2

 FOR APPROVAL FROM RECEIPT TO FINAL APPROVAL FOR EACH  TYPE  OF  APPLICA-
 TION,  (IV)  THE NUMBER OF EACH TYPE OF APPLICATION PENDING, AND (V) THE
 NUMBER OF EACH TYPE OF  APPLICATION  DISAPPROVED  OR  REJECTED  AND  THE
 GROUNDS  FOR  SUCH DISAPPROVAL OR REJECTION. SUCH REPORT SHALL BE POSTED
 AND MADE AVAILABLE BY THE OFFICE ON ITS WEBSITE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.