S T A T E O F N E W Y O R K
________________________________________________________________________
5112
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. DESTITO, BOYLAND, BROOK-KRASNY, CARROZZA,
GUNTHER, KAVANAGH, KOON, PHEFFER, J. RIVERA, SCHROEDER, STIRPE, TITUS,
ERRIGO, FINCH, MOLINARO, TOWNSEND, WALKER, EDDINGTON -- Multi-Spon-
sored by -- M. of A. ABBATE, AMEDORE, BACALLES, CALHOUN, CHRISTENSEN,
CLARK, CROUCH, GALEF, GLICK, JACOBS, JOHN, V. LOPEZ, LUPARDO, MAGEE,
MAISEL, McENENY, MILLMAN, PERRY, RABBITT, REILLY, ROBINSON, ROSENTHAL,
SALADINO, SAYWARD, SCOZZAFAVA, SWEENEY, TOWNS, WEISENBERG -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enabling individuals
with disabilities to have the right to choose and receive services in
the most integrated setting appropriate for the needs of the individ-
ual and to ensure that state agencies promote such integration through
a plan and annual report
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The purposes of this act are:
(a) to empower individuals with disabilities, including the elderly,
to maximize employment, economic and social self sufficiency, independ-
ence, and inclusion and integration into society, through
(1) statewide systems, policies and regulations implemented in accord-
ance with Title II of the Americans with Disabilities Act that include,
as integral components, comprehensive and coordinated demonstration
projects;
(2) the guarantee of equal opportunity; and
(b) to ensure that the New York state government plays a leadership
role in promoting the integration of individuals with disabilities,
especially individuals with significant disabilities, into every aspect
of their communities and in assisting agencies and providers of services
in fulfilling the aspirations of such individuals with disabilities for
meaningful independent living.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08901-01-9
A. 5112 2
S 2. The executive law is amended by adding a new section 296-b to
read as follows:
S 296-B. MOST INTEGRATED SERVICES. 1. DEFINITIONS. WHEN USED IN THIS
SECTION:
(A) THE TERM "INDIVIDUAL" INCLUDES A PERSON OF ANY AGE WHO PARTIC-
IPATES IN A STATE-FUNDED OR STATE-ADMINISTERED PROGRAM.
(B) THE TERM "COMMUNITY-BASED SETTING" INCLUDES A SETTING WHICH
PROVIDES THE OPPORTUNITY TO LIVE, SOCIALIZE, RECREATE, LEARN, AND WORK
IN AN ENVIRONMENT THAT DOES NOT SEGREGATE BASED ON DISABILITY. A COMMU-
NITY-BASED SETTING IS NOT A CONGREGATE INSTITUTION.
(C) THE TERM "INSTITUTIONALIZATION" INCLUDES SEGREGATION IN A CONGRE-
GATE LIVING FACILITY BASED ON DISABILITY OR SEGREGATED SERVICES BASED ON
DISABILITY.
(D) THE TERM "MOST INTEGRATED" SETTING INCLUDES A SETTING THAT ENABLES
PEOPLE WITH DISABILITIES TO RECEIVE SERVICES IN AN ENVIRONMENT THAT DOES
NOT SEGREGATE PEOPLE BASED ON DISABILITY. SEPARATE FACILITIES OR
SERVICES FOR PEOPLE WITH DISABILITIES SHALL OCCUR ONLY WHEN THE NATURE
OR SEVERITY OF THE DISABILITY IS SUCH THAT A PERSON CAN NOT BENEFIT FROM
COMMUNITY-BASED SERVICES EVEN WITH THE USE OF SUPPLEMENTARY AIDS AND
SERVICES.
(E) THE TERM "SERVICES" INCLUDES ANY STATE-SPONSORED PROGRAM OR
SUPPORT PROVIDED TO AN ELIGIBLE INDIVIDUAL.
2. MOST INTEGRATED SERVICES. AN INDIVIDUAL SHALL HAVE THE RIGHT TO
CHOOSE AND RECEIVE SERVICES INCLUDING BUT NOT LIMITED TO HOUSING, EDUCA-
TION, TRANSPORTATION, EMPLOYMENT, AND MEDICAL ASSISTANCE FROM A GOVERN-
MENTAL AGENCY OR A PROVIDER THAT CONTRACTS WITH A GOVERNMENT AGENCY IN
THE MOST INTEGRATED SETTING APPROPRIATE TO THE NEEDS OF THE INDIVIDUAL.
3. COMMUNITY-BASED SETTING. AN INDIVIDUAL SHALL HAVE A PRESUMPTIVE
RIGHT TO INTEGRATED, INDIVIDUALIZED SERVICES IN A COMMUNITY-BASED
SETTING AND THAT EVERYONE CAN BE PRESUMED TO BE CAPABLE OF BENEFITING
FROM THESE SERVICES.
4. STATE AGENCIES. EACH STATE AGENCY RESPONSIBLE FOR DELIVERING
SERVICES AND/OR WHO CONTRACTS WITH PROVIDERS TO DELIVER SERVICES MUST
DEVELOP AN ASSESSMENT THAT PRESUMES EACH INDIVIDUAL IS ABLE TO RECEIVE
SERVICES IN A COMMUNITY-BASED SETTING WITH APPROPRIATE, INDIVIDUALIZED
ACCOMMODATIONS. EACH STATE AGENCY MUST DETERMINE WHAT SERVICES ARE
NECESSARY TO ENABLE THE INDIVIDUAL TO LIVE IN THE COMMUNITY.
5. TRANSITIONS TO MOST INTEGRATED SETTING. (A) FOR PEOPLE WANTING TO
MOVE TO A MOST INTEGRATED SETTING:
(1) STATE AGENCIES SHOULD DEVELOP A PLAN TO TRANSITION THE INDIVIDUAL
FROM A COMMUNITY-BASED SETTING IN CONSULTATION WITH THE INDIVIDUAL
AND/OR THE INDIVIDUAL'S REPRESENTATIVE.
(2) THE PLAN SHALL SPECIFY
A. THE NECESSARY SERVICES AND SUPPORTS TO ENABLE THE PERSON TO RECEIVE
INTEGRATED, COMMUNITY-BASED SERVICES; AND
B. THE METHODS TO ACCESS THESE SERVICES; AND
C. WHICH AGENCIES AND/OR REPRESENTATIVES WILL BE RESPONSIBLE FOR
PROVIDING THESE COMMUNITY SERVICES AND SUPPORTS; AND
D. A TIMELINE TO COMPLETE THIS PLAN; AND
E. THE MEANS BY WHICH THE INDIVIDUAL MAY EXPRESS, AND SEEK A REMEDY
FOR, ANY DISSATISFACTION WITH THE PLAN OR THE IMPLEMENTATION OF THE
PLAN, INCLUDING THE PROCEDURES TO SEEK REVIEW BY THE STATE AGENCY.
(3) THE STATE AGENCY SHALL PROVIDE THE INDIVIDUAL, OR, AS APPROPRIATE,
THE INDIVIDUAL'S REPRESENTATIVE, WITH A COPY OF THIS PLAN, SUPPLEMENTED
AS NECESSARY BY OTHER APPROPRIATE MODES OF COMMUNICATION CONSISTENT WITH
THE INFORMED CHOICE OF THE INDIVIDUAL.
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(B) FOR PEOPLE WANTING TO PREVENT PLACEMENT IN A MORE RESTRICTIVE
SETTING:
IN ORDER TO PLACE AN INDIVIDUAL IN A MORE RESTRICTIVE SETTING THAN THE
ONE IN WHICH THE INDIVIDUAL CURRENTLY RESIDES OR RECEIVES SERVICES, THE
STATE AGENCY MUST
(1) STATE THE SPECIFIC CIRCUMSTANCES WHY A MORE RESTRICTIVE PLACEMENT
IS NECESSARY;
(2) STATE THE STRATEGIES AND SUPPORTS THAT HAVE BEEN UTILIZED AND DID
NOT BENEFIT THE INDIVIDUAL;
(3) STATE THE DESIRED PLACEMENT AND PLAN TO ACHIEVE IT WITH AN EXPLA-
NATION OF WHY IT IS BELIEVED THE INDIVIDUAL WILL BENEFIT FROM THIS
RESTRICTIVE PLACEMENT;
(4) PROVIDE THE INDIVIDUAL WITH THE MEANS BY WHICH THE INDIVIDUAL MAY
EXPRESS, AND SEEK A REMEDY FOR, ANY DISSATISFACTION WITH THE RESTRICTIVE
PLACEMENT, INCLUDING THE PROCEDURES TO SEEK REVIEW BY THE STATE AGENCY.
6. ANNUAL REPORTS. ALL STATE AGENCIES AND DEPARTMENTS SHALL SUBMIT
ANNUAL REPORTS TO THE LEGISLATURE AND GOVERNOR WHICH DETAIL THEIR
EFFORTS TO PROVIDE SERVICES AND SUPPORTS IN A COMMUNITY-BASED SETTING
AND STATE HOW THE AGENCY HAS SOUGHT TO EXPAND OPPORTUNITIES FOR INTE-
GRATED COMMUNITY-BASED PARTICIPATION FOR INTEGRATED OPPORTUNITIES IN
SERVICE AND PROGRAM ADMINISTRATION.
7. SUBSTANTIAL AND ACTUAL PARTICIPATION. ALL STATE AGENCIES MUST
PROVIDE OPPORTUNITIES FOR SUBSTANTIAL AND ACTIVE PARTICIPATION BY PEOPLE
WITH DISABILITIES, ELDERLY PEOPLE AND PARENT ADVOCATES IN THE DEVELOP-
MENT OF REGULATIONS, POLICIES AND GUIDELINES CONCERNING THIS LAW. EACH
STATE AGENCY WILL PROMULGATE REGULATIONS DEFINING "SUBSTANTIAL AND
ACTIVE PARTICIPATION" THAT ARE CONSISTENT WITH THIS LAW. ALL STATE AGEN-
CIES AND DEPARTMENTS SHALL PROMULGATE RULES, REGULATIONS AND POLICIES
CONSISTENT WITH THIS STATUTE WITHIN ONE YEAR OF ENACTMENT.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.