senate Bill S3167A

2011-2012 Legislative Session

Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2012 reported and committed to finance
Jan 05, 2012 print number 3167a
amend and recommit to mental health and developmental disabilities
Jan 04, 2012 referred to mental health and developmental disabilities
Apr 11, 2011 reported and committed to finance
notice of committee consideration - withdrawn
Apr 04, 2011 notice of committee consideration - requested
Feb 10, 2011 referred to mental health and developmental disabilities

Votes

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Jan 23, 2012 - Mental Health and Developmental Disabilities committee Vote

S3167A
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Jan 23, 2012

aye wr (1)

Apr 11, 2011 - Mental Health and Developmental Disabilities committee Vote

S3167
6
0
committee
6
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 11, 2011

aye wr (4)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3167 - Bill Details

See Assembly Version of this Bill:
A6553A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.28, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S5210

S3167 - Bill Texts

view summary

Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.

view sponsor memo
BILL NUMBER:S3167

TITLE OF BILL:
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

PURPOSE:
To require OPWDD to submit a report by January 1, 2012 to the
legislature, and update it every 6 months thereafter, providing
detailed information on the waiting list for out-of-home residential
care and a summary of placement activity relating to persons on the
waiting list for each 6 month period prior to the submission of the
report.

SUMMARY OF PROVISIONS:
Section 1 of the bill creates a new section 13.28 of the mental
hygiene law to require that OPWDD submit a report by January 1, 2012,
and update it every 6 months thereafter, providing detailed
information on the waiting list for out-of-home residential care and
a summary of placement activity relating to persons on the waiting
list for each 6 month period prior to the submission of the report.
The bill requires that the report specify placement settings used and
note the number and reasons for those placements that did either
failed or for which the individuals, his/her parent or guardian
requested an alternative placement. The bill requires that the report
specify the type of placements expected to be required to meet the
needs of individuals on the waiting list. It also requires OPWDD to
list funding sources used for placement activity including pertinent
cost information. Finally, the bill requires OPWDD to submit an
updated plan every 6 months for meeting the needs of persons on the
waiting list.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW:
OPWDD provides residential opportunities to individuals under its care
Through state facilities as well as by contracting with licensed
not-for-profits to provide such Care. Funds have been appropriated
each year through the budget for the establishment of new
opportunities to meet the needs of individuals who are in need of
residential care.

JUSTIFICATION:
The waiting list for persons with intellectual and other developmental
disabilities who require out-of-home residential care continues to be
of great concern. Many persons remaining at home are being cared for by
parents or other caregivers who themselves are acquiring age-related
disabilities. This can be extremely problematic, especially when
individuals with disabilities themselves are aging.

In fact, in February OPWDD's "Task Force on Aging" noted that
statewide persons living at home ages 60 to 69 numbered 1,871; ages
70-79 numbered 681; and, age 80+ numbered 320. A total of 27,211


persons with developmental disabilities over age 30 continue to live
at home. It is not clear how many of these individuals require out
of home placement. More importantly, critical information on the
exact size and needs of the statewide waiting list is not readily
available making it impossible for policy makers to plan and budget
accordingly. Furthermore, placement activity appears highly sporadic
and hard to track. Placement plans seem as if they are continually
changing. Increasingly, parents who had previously been led to
believe that they would have a placement for their child find that
this is no longer true.

This has left thousands of parents and families in a state of enormous
uncertainty and anxiety regarding the status of their child or loved
one's current or future placement. This bill will give them critical
information. It will also give the Legislature and others with an
interest in development policy information critical to enable them to
do their jobs.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3167

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 10, 2011
                               ___________

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  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  TWELVE,  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;
  2. NON-CERTIFIED RESIDENTIAL PLACEMENT  OUTSIDE  OF  THE  PARENT'S  OR
PARENTS' OR OTHER CAREGIVER'S HOME; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08714-01-1

S. 3167                             2

  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.

Co-Sponsors

S3167A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6553A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.28, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S5210

S3167A (ACTIVE) - Bill Texts

view summary

Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.

view sponsor memo
BILL NUMBER:S3167A

TITLE OF BILL:
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

PURPOSE:
To require OPWDD to submit a report by January 1, 2013 to the
legislature, and update it every 6 months thereafter, providing detailed
information on the waiting list for out-of-home residential care and a
summary of placement activity relating to persons on the waiting list
for each 6 month period prior to the submission of the report.

SUMMARY OF PROVISIONS:
Section 1 of the bill creates a new section 13.28 of the mental hygiene
law to require that OPWDD submit a report by January 1, 2013, and update
it every 6 months thereafter, providing detailed information on the
waiting list for out-of-home residential care and a summary of placement
activity relating to persons on the waiting list for each 6 month period
prior to the submission of the report. The bill requires that the report
specify placement settings used and note the number and reasons for
those placements that did either failed or for which the individuals,
his/her parent or guardian requested an alternative placement. The bill
requires that the report specify the type of placements expected to be
required to meet the needs of individuals on the waiting list. It also
requires OPWDD to list funding sources used for placement activity
including pertinent cost information. Finally, the bill requires OPWDD
to submit an updated plan every 6 months for meeting the needs of
persons on the waiting list.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW:
OPWDD provides residential opportunities to individuals under its care
Through state facilities as well as by contracting with licensed
not-for-profits to provide such Care. Funds have been appropriated each
year through the budget for the establishment of new opportunities to
meet the needs of individuals who are in need of residential care.

JUSTIFICATION:
The waiting list for persons with intellectual and other developmental
disabilities who require out-of-home residential care continues to be of
great concern. Many persons remaining at home are being cared for by
parents or other caregivers who themselves are acquiring age-related
disabilities. This can be extremely problematic, especially when
individuals with disabilities themselves are aging.

In fact, in February OPWDD's "Task Force on Aging" noted that statewide
persons living at home ages 60 to 69 numbered 1,871; ages 70-79 numbered
681; and, age 80+ numbered 320. A total of 27,211 persons with
developmental disabilities over age 30 continue to live at home. It is
not clear how many of these individuals require out of home placement.
More importantly, critical information on the exact size and needs of
the statewide waiting list is not readily available making it impossible


for policy makers to plan and budget accordingly. Furthermore, placement
activity appears highly sporadic and hard to track. Placement plans seem
as if they are continually changing. Increasingly, parents who had
previously been led to believe that they would have a placement for
their child find that this is no longer true.

This has left thousands of parents and families in a state of enormous
uncertainty and anxiety regarding the status of their child or loved
one's current or future placement. This bill will give them critical
information. It will also give the Legislature and others with an
interest in development policy information critical to enable them to do
their jobs.

LEGISLATIVE HISTORY:; New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3167--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 10, 2011
                               ___________

Introduced  by  Sens. HUNTLEY, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities -- recommitted to the Committee  on  Mental
  Health  and  Developmental Disabilities in accordance with Senate Rule
  6, sec. 8 -- 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.
                                                           LBD08714-02-1

S. 3167--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.

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