S T A T E   O F   N E W   Y O R K
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                                  5209

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation  to  establishing  a
  program  of  tiered  eligibility for services offered by the office of
  mental retardation and developmental  disabilities  for  persons  with
  learning disabilities and other complex neurological impairments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
41.58 to read as follows:
S 41.58 TIERED SERVICES ELIGIBILITY.
  1. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS THAT
INDIVIDUALS  WITH  LEARNING  DISABILITIES AND OTHER COMPLEX NEUROLOGICAL
IMPAIRMENTS ARE OFTEN NOT PROVIDED ESSENTIAL  SUPPORT  AND  HABILITATIVE
SERVICES DUE TO THE LACK OF ESTABLISHED OFFICE OF MENTAL RETARDATION AND
DEVELOPMENTAL  DISABILITIES'  ELIGIBILITY PROTOCOLS. THIS INCLUDES INDI-
VIDUALS WITH LEARNING DISABILITIES,  HIGH  FUNCTIONING  AUTISM  SPECTRUM
DISORDERS,  SUCH  AS  ASPERGER'S SYNDROME, AND A NUMBER OF OTHER COMPLEX
NEUROLOGICALLY BASED COGNITIVE DISABILITIES. UNFORTUNATELY, THESE  INDI-
VIDUALS  ARE  THEN  LEFT  TO  NAVIGATE THEIR LIVES AND THE CHALLENGES OF
THEIR DISABILITIES WITH MINIMAL OR NO  ASSISTANCE.  AS  A  RESULT,  SUCH
INDIVIDUALS  OFTEN LEAD LIVES OF GREAT DIFFICULTY AND VULNERABILITY THAT
MAY INCLUDE, BUT ARE NOT LIMITED TO, EXTENDED PERIODS OF  INCARCERATION,
LIFELONG  DEPENDENCE ON PUBLIC ASSISTANCE, SUBSTANCE ABUSE, AND VICTIMI-
ZATION, COUPLED  WITH  MANY  OTHER  NEGATIVE  AND  COSTLY  OUTCOMES.  IN
RESPONSE  TO  THIS  GROWING  PROBLEM, THE LEGISLATURE HEREBY DIRECTS THE
COMMISSIONER OF MENTAL RETARDATION  AND  DEVELOPMENTAL  DISABILITIES  TO
DEVELOP  AND  IMPLEMENT  A  PROGRAM  OF TIERED ELIGIBILITY FOR OFFICE OF
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES' SERVICES FOR  PERSONS
WITH  LEARNING  DISABILITIES AND OTHER COMPLEX NEUROLOGICAL IMPAIRMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11209-01-9
              

S. 5209                             2

THIS TIERED SERVICE-DELIVERY MODEL WOULD ALLOW SERVICES TO  BE  TARGETED
AND  BASED ON AN INDIVIDUAL'S SPECIFIC NEEDS, WHICH FOR SOME MAY BE MORE
INTENSIVE AND FOR OTHERS RELATIVELY MINIMAL. THIS MODEL WILL ALSO FACIL-
ITATE  RAPID  RESPONSE TO ADDRESSING PROBLEMS ENCOUNTERED BY INDIVIDUALS
IN CRISIS.  PROVIDING SERVICES THAT ARE TRULY NEEDED WILL BE  MORE  COST
EFFECTIVE  AND A MORE SENSIBLE OPTION THAN THE CURRENT ELIGIBILITY PROC-
ESS UTILIZED BY THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES.
  2. WHEN USED IN THIS ARTICLE, UNLESS  OTHERWISE  EXPRESSLY  STATED  OR
UNLESS THE CONTEXT OTHERWISE REQUIRES:
  (A) "LEARNING DISABILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC
PSYCHOLOGICAL  PROCESSES INVOLVED IN UNDERSTANDING OR IN USING SPOKEN OR
WRITTEN LANGUAGE, WHICH MAY MANIFEST ITSELF IN AN IMPERFECT  ABILITY  TO
LISTEN,  THINK,  SPEAK,  READ, WRITE, SPELL OR TO DO MATHEMATICAL CALCU-
LATIONS. THIS INCLUDES SUCH CONDITIONS AS PERCEPTUAL DISABILITIES, MINI-
MAL BRAIN DYSFUNCTION, DYSLEXIA, DYSGRAPHIA, DYSCALCULIA, DYSPRAXIA, AND
DEVELOPMENTAL APHASIA;
  (B) "COMPLEX NEUROLOGICAL IMPAIRMENT" MEANS AUTISM SPECTRUM  DISORDER,
SUCH  AS ASPERGER'S SYNDROME, OR OTHER COGNITIVE DISABILITIES OF A SIMI-
LAR NATURE AND RESULTING IN SIMILAR NEEDS BY AFFECTED INDIVIDUALS;
  (C) "INTENSIVE SERVICE NAVIGATION" MEANS A SERVICE WHOSE PRIMARY FUNC-
TION IS TO CONNECT  PERSONS  WITH  LEARNING  DISABILITIES  AND/OR  OTHER
COMPLEX  NEUROLOGICAL  IMPAIRMENTS TO APPROPRIATE SERVICES AND SUPPORTS.
INTENSIVE SERVICE NAVIGATION COORDINATES ALL SERVICES FOR A PERSON  WITH
A  LEARNING  DISABILITY OR OTHER COMPLEX NEUROLOGICAL IMPAIRMENT INCLUD-
ING, BUT NOT LIMITED TO,  MENTAL  HEALTH  SERVICES,  PARENTING  CLASSES,
SUPPORT GROUPS, RECREATIONAL ACTIVITIES, VOCATIONAL SERVICES, AND EDUCA-
TIONAL  TRANSITIONAL PLANNING AND ALL BASIC NEEDS OF THE INDIVIDUAL. THE
SERVICES OF  THE  INTENSIVE  SERVICE  NAVIGATOR  ARE  TIME  LIMITED  AND
ORIENTED TO SHORT TERM CRISIS INTERVENTION.
  3.  NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS CHAPTER OR ANY
OTHER STATE LAW, THE COMMISSIONER OF THE OFFICE  OF  MENTAL  RETARDATION
AND  DEVELOPMENTAL  DISABILITIES  SHALL  ESTABLISH  A  PROGRAM OF TIERED
ELIGIBILITY FOR SERVICES OFFERED BY THE OFFICE OF MENTAL RETARDATION AND
DEVELOPMENT DISABILITIES FOR  PERSONS  WITH  LEARNING  DISABILITIES  AND
OTHER  COMPLEX  NEUROLOGICAL IMPAIRMENTS. SUCH PROGRAM SHALL CONTAIN THE
FOLLOWING ELEMENTS:
  (A) WHEN AN INDIVIDUAL PRESENTS TO A SERVICE PROVIDER SEEKING  SUPPORT
SERVICES,  THE  SERVICE  PROVIDER  SHALL  DETERMINE IF THE INDIVIDUAL IS
PRESENTING WITH A LEARNING  DISABILITY  OR  OTHER  COMPLEX  NEUROLOGICAL
IMPAIRMENT.  IF THE SERVICE PROVIDER DETERMINES THAT THE INDIVIDUAL IS A
PERSON WITH AN APPARENT LEARNING DISABILITY OR OTHER COMPLEX  NEUROLOGI-
CAL  IMPAIRMENT,  AND THAT SUCH INDIVIDUAL REQUIRES IMMEDIATE SERVICE IN
ORDER TO PROTECT AND PROMOTE THE INDIVIDUAL'S HEALTH AND SAFETY, OR THAT
THE INDIVIDUAL OTHERWISE FACES A CRISIS SITUATION THAT CAN BE HELPED  BY
SERVICE  AND  ASSISTANCE,  THE SERVICE PROVIDER MAY IMPLEMENT THE TIERED
SERVICES ELIGIBILITY PROGRAM;
  (B) TIER ONE OF THE TIERED SERVICES ELIGIBILITY PROGRAM  WILL  CONSIST
OF  THE  IMMEDIATE  PROVISION  OF  INTENSIVE  SERVICE  NAVIGATION.  THIS
PROVISION OF SERVICES WILL BE PROVIDED FOR UP TO SIX MONTHS IN DURATION.
THE SERVICE MAY END ANYTIME PRIOR TO THE END OF THE SIX-MONTH PERIOD  IF
THE  INDIVIDUAL  AND  SERVICE  PROVIDER AGREE THAT NO FURTHER SERVICE OR
INTERVENTION IS REQUIRED. IF THE INDIVIDUAL AND SERVICE  PROVIDER  AGREE
AT  THE  END OF THE SIX MONTH PERIOD THAT THE NEED FOR SERVICES PERSISTS
AND MORE INTERVENTION IS REQUIRED, THE INDIVIDUAL WILL  MOVE  INTO  TIER
TWO;

S. 5209                             3

  (C)  TIER  TWO  OF  THE  TIERED  SERVICES  ELIGIBILITY PROGRAM WILL BE
PROVIDED FOR UP TO AN ADDITIONAL SIX-MONTH PERIOD AND PROVIDE:
  (1)   CONTINUATION   AND  INTENSIFICATION  OF  THE  INTENSIVE  SERVICE
NAVIGATOR'S EFFORTS TO STABILIZE THE INDIVIDUAL'S CRISIS SITUATION;
  (2) A PROCESS POTENTIALLY LEADING TO FULL ELIGIBILITY  FOR  OFFICE  OF
MENTAL  RETARDATION AND DEVELOPMENTAL DISABILITIES' SERVICES. AS PART OF
THIS PROCESS, THE INTENSIVE SERVICE NAVIGATOR WILL CONDUCT AN ASSESSMENT
OF THE INDIVIDUAL'S ADAPTIVE BEHAVIOR LEVELS, CONDUCT AN  ASSESSMENT  OF
AN  INDIVIDUAL'S  ABILITY TO EFFECTIVELY LEARN AND PUT INTO PRACTICE NEW
ADAPTIVE SKILLS, AND GENERALLY PREPARE THE INDIVIDUAL FOR THE  ELIGIBIL-
ITY PROCESS;
  (D)  IF  DURING  TIER  TWO,  THE  INDIVIDUAL LEARNS NEW SKILLS AND THE
CRISIS SUBSIDES, THE INDIVIDUAL AND  SERVICE  PROVIDER  CAN  AGREE  THAT
SERVICES BE TERMINATED PRIOR TO THE CONCLUSION OF THIS TIER; AND
  (E)  IF  THE INTENSIVE SERVICE NAVIGATOR AND INDIVIDUAL AGREE THAT THE
INDIVIDUAL WOULD BENEFIT FROM ON-GOING SERVICE AND SUPPORT,  THE  INTEN-
SIVE  SERVICE  NAVIGATOR  WILL  ASSIST THE INDIVIDUAL IN APPLYING TO THE
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES FOR  A  FULL
ELIGIBILITY DETERMINATION.
  4.  THE COMMISSIONER OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI-
TIES SHALL, IN CONSULTATION WITH EXPERIENCED SERVICE PROVIDERS,  DEVELOP
A   REIMBURSEMENT   METHODOLOGY  FOR  INTENSIVE  SERVICE  NAVIGATION  AS
DESCRIBED HEREIN. SUCH REIMBURSEMENT SHALL COVER THE SERVICE  PROVIDER'S
REASONABLE  COSTS  FOR PROVIDING THIS SERVICE AND BE PAID TO THE SERVICE
PROVIDERS AS PART OF THE USUAL AND CUSTOMARY COST REIMBURSEMENT PROCESS.
  5. IN DEVELOPING THIS PROGRAM, THE COMMISSIONER OF MENTAL  RETARDATION
AND  DEVELOPMENTAL  DISABILITIES  SHALL CONSULT WITH A STATEWIDE ASSOCI-
ATION SPECIFICALLY REPRESENTING INDIVIDUALS WITH  LEARNING  DISABILITIES
AND RELATED SERVICES PROVIDERS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided however, that the commissioner of
mental retardation  and  developmental  disabilities  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.