Senate Bill S186

                                 BILL NUMBER:  S186A

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to the definition
of "developmental disability"


 PURPOSE :
To clarify that in addition to meeting all the other conditions in the
existing definition to classify or define someone as developmentally
disabled, the individual may be found unable to engage in any
substantial gainful activity by reason of the disability (the
definition used to qualify someone for Social Security Disability by
the federal government) or found to have a substantial handicap to
such person's ability to function normally in society (the existing
NYS criteria in the statute).

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 1.03 of the mental hygiene law to
include within the definition of developmental disability the
provision that, in addition to meeting all the other conditions in the
existing definition, the individual may be found unable to engage in
any substantial gainful activity by reason of the disability.

Section 2 would provide for a 30 days after enactment effective date.

              

 JUSTIFICATION :

With the rate of autism sky rocketing to the most recently reported
national figures of 1 in 150 and the large number of those individuals
who are higher functioning, New York State must revamp its definition
of developmental disability to ensure nobody is falling through the
cracks. Every effort must be made to provide coherent and cohesive
services early on to these and similarly situated developmental
disabled individuals who are currently being denied OMRDD services.
With the appropriate services, many can and do become independent
and/or productive members of society.

The current definition of developmental disability requires that an
individual's disability must constitute a substantial handicap to such
person's ability to function normally in society. OMRDD established
Advisory Guidelines in August 2001 which address issues in determining
eligibility for OMRDD services. Among other things, the Guideline
indicates that eligibility for services is to based on adaptive
behavior measures, which are measures that are used primarily to
determine the level of disability for people with subnormal
intelligence. These guidelines have had the effect of barring many
individuals who are unable to work or live on their own and meet all
the other requirements except the adaptive behavior measures from
being eligible for OMRDD services. Many of these individuals, all of
whom must among other things have a disability that began before their
21st birthday, are high functioning autistic people who may be able to
score high on intelligence exams but have significant social,
emotional and behavioral impediments which make it extraordinarily
difficulty to join the workforce or live on their own without
assistance. However, given the appropriate level of supportive
services, these individuals can and do become productive members of
our society.

This bill does not seek to create a class of disabled individuals who
will become a financial burden receiving benefits for a lifetime.
Instead this legislation will provide disabled individuals with the
supportive services they need early on to transition into adulthood
and independence. Eligibility for OMRDD services can currently end
when you are fully employed and no longer need services to maintain
that employment. However, without these vital services many people
become frustrated, their conditions deteriorate and they end up
needing and using mental health services for anxiety and depression
throughout their lifetime and remaining dependent upon their families
and society for the basic everyday needs of housing and food.

Today, many disabled young adults and their families are being caught
in a catch 22. They are being denied OMRDD services because they are
considered too high functioning, yet because of their significant
social, emotional and behavioral impairments they find themselves
unprepared and unable to function independently in society. As a
result, they are being left to flounder in search of an array of
services provided by many different agencies (Mental Health, VESID)
and providers, none of which are equipped to address the problems they
face. Some families are divesting themselves of everything, even their
family home, to send their child to a program that can help them make
the transition to independence. Others unable to get the appropriate
services are faced with finding someone to care for their child after
they die. The result is a group of young disabled individuals who are
unnecessarily falling through the cracks.

Not only is it morally imperative that we qualify these individuals
for OMRDD services, it is financially prudent to put the upfront
services in place to help these disabled citizens integrate into
society rather than have society pay for care over a life time in
various other socially funded programs.

 LEGISLATIVE HISTORY :

2010 - Same as S.8043 of 2008

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
30 days after enactment.