S T A T E O F N E W Y O R K
________________________________________________________________________
1680
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to providing for the
provision of services to individuals with disabilities in the most
integrated setting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
26-B to read as follows:
ARTICLE 26-B
MOST INTEGRATED SETTING PROGRAM
SECTION 2640. MOST INTEGRATED SETTING PROGRAM.
2641. DEFINITIONS.
2642. FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT.
2643. FUNDING OF PROGRAM SERVICES.
2644. MOST INTEGRATED SETTING COORDINATING COUNCIL.
S 2640. MOST INTEGRATED SETTING PROGRAM. THE DEPARTMENT SHALL HAVE
THE CENTRAL RESPONSIBILITY FOR ADMINISTERING THE PROVISIONS OF THIS
ARTICLE AND OTHERWISE COORDINATING THE STATE'S POLICIES WITH RESPECT TO
PROVIDING SERVICES IN THE MOST INTEGRATED SETTING TO INDIVIDUALS WITH
DISABILITIES, IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION, THE
OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF THE ADVOCATE FOR
THE DISABLED, THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES, THE OFFICE OF MENTAL HEALTH, AND THE COMMISSION ON QUALITY OF
CARE FOR THE MENTALLY DISABLED.
S 2641. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "MOST INTEGRATED SETTING" MEANS THE PROVISION OF SERVICES TO PEOPLE
WITH DISABILITIES IN A NON-INSTITUTIONAL, COMMUNITY-BASED SETTING,
INCLUDING BUT NOT LIMITED TO AN INDEPENDENT APARTMENT, SUPPORTIVE HOUS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00276-01-9
A. 1680 2
ING, LIVING IN THE HOUSEHOLD OF ANOTHER, OR TRANSITIONAL CONGREGATE
HOUSING.
2. "ELIGIBLE PERSON WITH A DISABILITY" MEANS AN INDIVIDUAL OF ANY AGE
WHO REQUIRES ASSISTANCE IN PERFORMING ONE OR MORE ACTIVITIES OF DAILY
LIVING, WHO IS IN AN INSTITUTIONAL SETTING OR IS DETERMINED TO BE AT
RISK OF INSTITUTIONALIZATION IF APPROPRIATE SERVICES ARE NOT PROVIDED,
AND WHO IS NOT SERVED BY A WAIVER PROGRAM ADMINISTERED BY THE STATE.
S 2642. FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT. THE DEPART-
MENT SHALL:
1. DEVELOP A COMPREHENSIVE STATEWIDE PROGRAM THAT INCLUDES, BUT IS NOT
LIMITED TO: MEDICAL, HOUSING, SOCIAL, VOCATIONAL, EDUCATIONAL, TRANSPOR-
TATION, PERSONAL ASSISTANCE, COMMUNITY RE-ENTRY SERVICES, ASSISTIVE
TECHNOLOGY, AND OTHER ESSENTIAL SERVICES;
2. DEVELOP OUTREACH SERVICES TO IDENTIFY INDIVIDUALS IN NURSING HOMES
WHO COULD LIVE IN A MOST INTEGRATED SETTING;
3. TRACK THE AMOUNT AND COST OF SERVICES PROVIDED TO ELIGIBLE PERSONS
WITH DISABILITIES PLACED IN INSTITUTIONAL SETTINGS; AND
4. DEVELOP COMMUNITY-BASED, NON-INSTITUTIONAL SERVICES FOR ELIGIBLE
PERSONS WITH DISABILITIES, WITH PROGRAM AGGREGATE COSTS EQUAL TO OR LESS
THAN THOSE OF INSTITUTIONAL CARE.
S 2643. FUNDING OF PROGRAM SERVICES. 1. THE DEPARTMENT SHALL DEVELOP
A BIENNIAL PLAN AND PRIORITIES FOR THE FUNDING OF THE SERVICES AND
PROGRAMS REQUIRED BY THIS ARTICLE, WITH AN EMPHASIS ON THE DEVELOPMENT
AND EXPANSION OF COMMUNITY-BASED SERVICES AND PROGRAMS.
2. THE DEPARTMENT SHALL DEVELOP A MEDICAID WAIVER PROGRAM THAT WILL
FUND A COMPREHENSIVE SERVICE PROGRAM. THE LOCAL COST-SHARE FOR SUCH A
WAIVER SHALL BE EQUAL TO, OR LESS THAN THE LOCAL COST-SHARE FOR NURSING
HOME CARE.
3. THE DEPARTMENT SHALL, TO THE EXTENT FEASIBLE, UTILIZE EXISTING
ORGANIZATIONS WITH DEMONSTRATED INTEREST AND EXPERTISE IN SERVING
PERSONS WITH DISABILITIES AND SHALL, WITHIN FUNDS AVAILABLE, ENTER INTO
CONTRACTS WITH SUCH ORGANIZATIONS.
S 2644. MOST INTEGRATED SETTING COORDINATING COUNCIL. 1. THE MOST
INTEGRATED SETTING COORDINATING COUNCIL IS HEREBY ESTABLISHED AND SHALL
CONSIST OF: THE COMMISSIONER, REPRESENTATIVES OF EACH OFFICE OR DEPART-
MENT LISTED IN SECTION TWENTY-SIX HUNDRED FORTY OF THIS ARTICLE. IN
ADDITION THE COUNCIL SHALL CONSIST OF THE FOLLOWING PERSONS: FOUR
PERSONS APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE PERSONS WITH
DISABILITIES AND TWO OF WHOM SHALL BE REPRESENTATIVE OF THE PUBLIC AND
HAVE A DEMONSTRATED EXPERTISE AND INTEREST IN THE PROVISION OF SERVICES
IN THE MOST INTEGRATED SETTING; TWO PERSONS APPOINTED BY THE TEMPORARY
PRESIDENT OF THE SENATE, ONE OF WHOM SHALL BE A PERSON WITH A DISABILITY
AND ONE OF WHOM SHALL BE REPRESENTATIVE OF THE PUBLIC AND HAVE A DEMON-
STRATED EXPERTISE AND INTEREST IN THE PROVISION OF SERVICES IN THE MOST
INTEGRATED SETTING; TWO PERSONS APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY, ONE OF WHOM SHALL BE A PERSON WITH A DISABILITY AND ONE OF WHOM
SHALL BE REPRESENTATIVE OF THE PUBLIC AND HAVE A DEMONSTRATED EXPERTISE
AND INTEREST IN THE PROVISION OF SERVICES IN THE MOST INTEGRATED
SETTING; ONE PERSON APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
ONE PERSON APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
2. THE TERMS OF THE APPOINTEES SHALL BE DETERMINED AS FOLLOWS: THE
GOVERNOR'S APPOINTEES; TWO ONE YEAR TERMS, ONE TWO YEAR TERM AND ONE
THREE YEAR TERM; TEMPORARY PRESIDENT'S APPOINTEES, ONE TWO YEAR TERM AND
ONE THREE YEAR TERM; SPEAKER'S APPOINTEE, ONE TWO YEAR TERM AND ONE
THREE YEAR TERM; MINORITY LEADERS' APPOINTMENTS, ONE YEAR TERMS. SUBSE-
A. 1680 3
QUENT APPOINTMENTS SHALL BE FOR THREE YEARS AND SHALL BE FILLED IN THE
SAME MANNER.
3. THE COUNCIL SHALL RECOMMEND TO THE DEPARTMENT LONG RANGE OBJEC-
TIVES, GOALS AND PRIORITIES. IT SHALL ALSO PROVIDE ADVICE ON THE PLAN-
NING, COORDINATION, AND DEVELOPMENT OF NEEDED SERVICES.
4. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES, SUBJECT TO THE APPROVAL OF
THE COMMISSIONER.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of health is
authorized to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on its effective date on
or before such effective date.