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

                                 6553--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced by M. of A. ORTIZ, P. RIVERA, WEPRIN, CAMARA, ROBERTS, HOOPER
  --  Multi-Sponsored  by  --  M.  of  A.  COOK, CUSICK -- read once and
  referred to the Committee on  Mental  Health  --  recommitted  to  the
  Committee  on Mental Health in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the mental hygiene law, in relation to requiring the
  office for people with developmental disabilities to submit an updated
  waitlist and placement report to the senate and assembly

  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
13.28 to read as follows:
S 13.28 OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES;  RESIDENTIAL
          WAITLIST AND PLACEMENT REPORT.
  THE  OFFICE  SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND THIRTEEN, AND
EVERY SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT REPORT TO
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
INCLUDING THE FOLLOWING INFORMATION:
  (A)  WAITLIST INFORMATION. SUCH WAITLIST INFORMATION SHALL INCLUDE THE
STATEWIDE NUMBER OF INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO  THE
TOTAL  NUMBER  OF  INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY
SERVICES OFFICE'S GEOGRAPHIC AREA WHO AWAIT  RESIDENTIAL  PLACEMENT  AND
ARE EXPECTED TO REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFOR-
MATION  SHALL BE GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT
AND THE AGE OF THEIR CAREGIVER, IF  ANY.  SUCH  INFORMATION  SHALL  ALSO
INCLUDE:
  1.  THE  TYPE  OF  PLACEMENT  SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE
DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL  REQUIRING  INTENSIVE
MEDICAL CARE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08714-03-1
              

A. 6553--A                          2

  2.  NON-CERTIFIED  RESIDENTIAL  PLACEMENT  OUTSIDE  OF THE PARENT'S OR
PARENTS' OR OTHER CAREGIVER'S HOME; AND
  3.  THE  NUMBER  OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
  (B) PLACEMENT INFORMATION. SUCH PLACEMENT INFORMATION SHALL INCLUDE:
  1. THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE  SETTINGS
LISTED  IN  PARAGRAPHS  ONE,  TWO  AND  THREE OF SUBDIVISION (A) OF THIS
SECTION DURING THE SIX MONTHS PRECEDING  THE  DATE  OF  RELEASE  OF  THE
REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
  2.  THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE WAIT-
LIST, PLACED WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS  ONE,  TWO
AND  THREE  OF  SUBDIVISION  (A)  OF  THIS SECTION DURING THE SIX MONTHS
PRECEDING THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO  SUBDI-
VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
  (C)  THE  COMMISSIONER  SHALL REPORT THE NUMBER OF INDIVIDUALS WHO ARE
CURRENTLY PLACED IN A RESIDENTIAL PROGRAM, WHOSE  CURRENT  LIVING  SITU-
ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
  1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
  2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
(A) OF THIS SECTION; AND
  3.  THE  NUMBER  OF CHILDREN IN RESIDENTIAL PLACEMENTS EXPECTED TO AGE
OUT OF SUCH PLACEMENTS WITHIN A YEAR  AND  PLANS  FOR  CONTINUING  THEIR
PLACEMENTS AS ADULTS;
  (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
FOR  AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR PARENT
OR GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD  PRECEDING
THE  DATE  OF  RELEASE OF A REPORT, WITH CATEGORICAL DESCRIPTIONS OF THE
REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
SITUATION;
  (E) THE COST OF PLACEMENTS MADE  DURING  THE  PERIOD  OF  SUCH  REPORT
DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
  (F)  THE  APPROPRIATION  AUTHORITY USED TO FUND PLACEMENTS MADE DURING
THE PERIOD OF THE REPORT, INCLUDING THE YEAR OF THE  ORIGINAL  APPROPRI-
ATION  AND  BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION BY CATEGORY
SUCH AT OPTS, NYS-CARES OR OTHER CATEGORIES;
  (G) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS  REMAINING  ON  THE
WAITING LIST;
  (H)  AN  UPDATED  FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
  (I) A PLAN FOR MEETING THE  OUT-OF-HOME  RESIDENTIAL  PLACEMENT  NEEDS
SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
SION (A) OF THIS SECTION; AND
  (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
  S 2. This act shall take effect immediately.