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

                                  2813

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Health

AN  ACT to amend the public health law, in relation to providing for the
  provision of services to individuals with  disabilities  in  the  most
  integrated setting

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

  Section 1. The public health law is amended by adding  a  new  article
26-B to read as follows:
                              ARTICLE 26-B
                     MOST INTEGRATED SETTING PROGRAM
SECTION 2640. MOST INTEGRATED SETTING PROGRAM.
        2641. DEFINITIONS.
        2642. FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT.
        2643. FUNDING OF PROGRAM SERVICES.
        2644. MOST INTEGRATED SETTING COORDINATING COUNCIL.
  S  2640.   MOST INTEGRATED SETTING PROGRAM.  THE DEPARTMENT SHALL HAVE
THE CENTRAL RESPONSIBILITY FOR  ADMINISTERING  THE  PROVISIONS  OF  THIS
ARTICLE  AND OTHERWISE COORDINATING THE STATE'S POLICIES WITH RESPECT TO
PROVIDING SERVICES IN THE MOST INTEGRATED SETTING  TO  INDIVIDUALS  WITH
DISABILITIES,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF EDUCATION, THE
OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF THE  ADVOCATE  FOR
THE  DISABLED,  THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES, THE OFFICE OF MENTAL HEALTH, AND THE COMMISSION ON QUALITY  OF
CARE FOR THE MENTALLY DISABLED.
  S 2641. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "MOST INTEGRATED SETTING" MEANS THE PROVISION OF SERVICES TO PEOPLE
WITH  DISABILITIES  IN  A  NON-INSTITUTIONAL,  COMMUNITY-BASED  SETTING,
INCLUDING BUT NOT LIMITED TO AN INDEPENDENT APARTMENT, SUPPORTIVE  HOUS-
ING,  LIVING  IN  THE  HOUSEHOLD  OF ANOTHER, OR TRANSITIONAL CONGREGATE
HOUSING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06240-01-1
              

A. 2813                             2

  2. "ELIGIBLE PERSON WITH A DISABILITY" MEANS AN INDIVIDUAL OF ANY  AGE
WHO  REQUIRES  ASSISTANCE  IN PERFORMING ONE OR MORE ACTIVITIES OF DAILY
LIVING, WHO IS IN AN INSTITUTIONAL SETTING OR IS  DETERMINED  TO  BE  AT
RISK  OF  INSTITUTIONALIZATION IF APPROPRIATE SERVICES ARE NOT PROVIDED,
AND WHO IS NOT SERVED BY A WAIVER PROGRAM ADMINISTERED BY THE STATE.
  S  2642.  FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT. THE DEPART-
MENT SHALL:
  1. DEVELOP A COMPREHENSIVE STATEWIDE PROGRAM THAT INCLUDES, BUT IS NOT
LIMITED TO: MEDICAL, HOUSING, SOCIAL, VOCATIONAL, EDUCATIONAL, TRANSPOR-
TATION, PERSONAL  ASSISTANCE,  COMMUNITY  RE-ENTRY  SERVICES,  ASSISTIVE
TECHNOLOGY, AND OTHER ESSENTIAL SERVICES;
  2.  DEVELOP OUTREACH SERVICES TO IDENTIFY INDIVIDUALS IN NURSING HOMES
WHO COULD LIVE IN A MOST INTEGRATED SETTING;
  3. TRACK THE AMOUNT AND COST OF SERVICES PROVIDED TO ELIGIBLE  PERSONS
WITH DISABILITIES PLACED IN INSTITUTIONAL SETTINGS; AND
  4.  DEVELOP  COMMUNITY-BASED,  NON-INSTITUTIONAL SERVICES FOR ELIGIBLE
PERSONS WITH DISABILITIES, WITH PROGRAM AGGREGATE COSTS EQUAL TO OR LESS
THAN THOSE OF INSTITUTIONAL CARE.
  S 2643. FUNDING OF PROGRAM SERVICES. 1.  THE DEPARTMENT SHALL  DEVELOP
A  BIENNIAL  PLAN  AND  PRIORITIES  FOR  THE FUNDING OF THE SERVICES AND
PROGRAMS REQUIRED BY THIS ARTICLE, WITH AN EMPHASIS ON  THE  DEVELOPMENT
AND EXPANSION OF COMMUNITY-BASED SERVICES AND PROGRAMS.
  2.  THE  DEPARTMENT  SHALL DEVELOP A MEDICAID WAIVER PROGRAM THAT WILL
FUND A COMPREHENSIVE SERVICE PROGRAM.  THE LOCAL COST-SHARE FOR SUCH   A
WAIVER  SHALL BE EQUAL TO, OR LESS THAN THE LOCAL COST-SHARE FOR NURSING
HOME CARE.
  3. THE DEPARTMENT SHALL, TO  THE  EXTENT  FEASIBLE,  UTILIZE  EXISTING
ORGANIZATIONS  WITH  DEMONSTRATED  INTEREST  AND  EXPERTISE  IN  SERVING
PERSONS WITH DISABILITIES AND SHALL, WITHIN FUNDS AVAILABLE, ENTER  INTO
CONTRACTS WITH SUCH ORGANIZATIONS.
  S  2644.  MOST  INTEGRATED  SETTING  COORDINATING COUNCIL. 1. THE MOST
INTEGRATED SETTING COORDINATING COUNCIL IS HEREBY ESTABLISHED AND  SHALL
CONSIST  OF: THE COMMISSIONER, REPRESENTATIVES OF EACH OFFICE OR DEPART-
MENT LISTED IN SECTION TWENTY-SIX HUNDRED FORTY OF  THIS  ARTICLE.    IN
ADDITION  THE  COUNCIL  SHALL  CONSIST  OF  THE  FOLLOWING PERSONS: FOUR
PERSONS APPOINTED BY THE GOVERNOR, TWO OF WHOM  SHALL  BE  PERSONS  WITH
DISABILITIES  AND  TWO OF WHOM SHALL BE REPRESENTATIVE OF THE PUBLIC AND
HAVE A DEMONSTRATED EXPERTISE AND INTEREST IN THE PROVISION OF  SERVICES
IN  THE  MOST INTEGRATED SETTING; TWO PERSONS APPOINTED BY THE TEMPORARY
PRESIDENT OF THE SENATE, ONE OF WHOM SHALL BE A PERSON WITH A DISABILITY
AND ONE OF WHOM SHALL BE REPRESENTATIVE OF THE PUBLIC AND HAVE A  DEMON-
STRATED  EXPERTISE AND INTEREST IN THE PROVISION OF SERVICES IN THE MOST
INTEGRATED SETTING; TWO PERSONS APPOINTED BY THE SPEAKER OF  THE  ASSEM-
BLY,  ONE  OF  WHOM  SHALL BE A PERSON WITH A DISABILITY AND ONE OF WHOM
SHALL BE REPRESENTATIVE OF THE PUBLIC AND HAVE A DEMONSTRATED  EXPERTISE
AND  INTEREST  IN  THE  PROVISION  OF  SERVICES  IN  THE MOST INTEGRATED
SETTING; ONE PERSON APPOINTED BY THE MINORITY LEADER OF THE SENATE;  AND
ONE PERSON APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
  2.  THE  TERMS  OF  THE APPOINTEES SHALL BE DETERMINED AS FOLLOWS: THE
GOVERNOR'S APPOINTEES; TWO ONE YEAR TERMS, ONE TWO  YEAR  TERM  AND  ONE
THREE YEAR TERM; TEMPORARY PRESIDENT'S APPOINTEES, ONE TWO YEAR TERM AND
ONE  THREE  YEAR  TERM;  SPEAKER'S  APPOINTEE, ONE TWO YEAR TERM AND ONE
THREE YEAR TERM; MINORITY LEADERS' APPOINTMENTS, ONE YEAR TERMS.  SUBSE-
QUENT  APPOINTMENTS  SHALL BE FOR THREE YEARS AND SHALL BE FILLED IN THE
SAME MANNER.

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  3. THE COUNCIL SHALL RECOMMEND TO THE  DEPARTMENT  LONG  RANGE  OBJEC-
TIVES,  GOALS  AND PRIORITIES. IT SHALL ALSO PROVIDE ADVICE ON THE PLAN-
NING, COORDINATION, AND DEVELOPMENT OF NEEDED SERVICES.
  4.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED  IN THE PERFORMANCE OF THEIR DUTIES, SUBJECT TO THE APPROVAL OF
THE COMMISSIONER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of health  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.