Senate Bill S3265

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

                                  3265

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08901-01-9
              

S. 3265                             2

  (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.
  (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

S. 3265                             3

  (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.