senate Bill S4777D

Signed By Governor
2013-2014 Legislative Session

Appropriates money to the office for people with developmental disabilities for the funding of various programs

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Sponsored By

Archive: Last Bill Status Via A6692 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.349
Sep 16, 2013 delivered to governor
Jun 18, 2013 returned to assembly
passed senate
3rd reading cal.1444
substituted for s4777d
Jun 18, 2013 substituted by a6692c
ordered to third reading cal.1444
committee discharged and committed to rules
Jun 14, 2013 print number 4777d
amend and recommit to finance
May 31, 2013 print number 4777c
amend and recommit to finance
May 29, 2013 print number 4777b
amend and recommit to finance
May 21, 2013 print number 4777a
amend and recommit to finance
Apr 23, 2013 referred to finance

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

view additional co-sponsors

S4777 - Bill Details

See Assembly Version of this Bill:
A6692C
Law Section:
Appropriations

S4777 - Bill Texts

view summary

Appropriates money to the office for people with developmental disabilities for the funding of various programs.

view sponsor memo
BILL NUMBER:S4777

TITLE OF BILL: An act making an appropriation to the office for
people with developmental disabilities for the purpose of providing
additional services and expenses for community programs for people
with developmental disabilities

Summary of provisions: This bill appropriates $90 million or such
amount thereof as may be necessary for the purpose of funding OPWDD
nonprofit services. The amount of the appropriation shall be based on
a recommendation developed by the workgroup appointed pursuant to
chapter 53 of the laws of 2013. The workgroup shall develop its
recommendation after evaluating the extent to which the savings plan
it developed pursuant to budget language restores the $90 million
reduction enacted in the final budget. To the extent that funding
falls short of fully restoring the $90 million reduction the director
of the budget shall deposit sufficient funds to make up for such
shortfall to the credit of the general fund for the purpose of funding
services through OPWDD.

Justification: The final FY 13-14 budget for not-for-profit services
to the Office of People with Developmental Disabilities was cut by a
state share amount of $90 million or 4.5% With added federal funds
this will amount to a $180 million reduction.

Advocates, people with developmental disabilities and their families
believe that given the years of consecutive cuts to the developmental
disabilities system, it is essential to eliminate the entire $90
million cut. This is especially true because of the enormous demands
on the system of developmental disabilities services from waves of new
regulations, the transition to managed care and a "transformational"
agenda aimed at moving people to least restrictive environments

To begin the process of minimizing the $90 million cut, language in
the final budget directed a workgroup to develop a savings plan. The
savings plan was finalized by the workgroup at the end of March.
While initial assessments of the savings plan are positive, it is
unclear exactly to what extent it reduces the 4.5% cut.

This bill requires that the impact of the savings plan be reevaluated
at future date by the workgroup so that an accurate assessment of the
savings plan's impact will be possible,, To the extent that the
savings plan does not provide sufficient savings to eliminate the
impact of the $90 million cut, this bill would appropriate the
shortfall to OPWDD and make good on the Legislature's promise for full
restoration but only after every effort was made to achieve full
restoration without resorting to new appropriations. While savings
plan reductions such as supplemental room and board costs and certain
administrative costs are consistent with the most efficient use of
funds, associated funding must remain to support system transition and
unmet needs.

This approach to full restoration is responsible, cost effective and
fair to the State, people with developmental disabilities and their
families and providers.

Prior history: None


Fiscal implications: To be determined

Effective date: This act shall take effect immediately

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

                                  4777

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT making an appropriation to the office for  people  with  develop-
  mental  disabilities  for the purpose of providing additional services
  and expenses for community  programs  for  people  with  developmental
  disabilities

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

  Section 1. The sum of ninety million dollars ($90,000,000), or so much
thereof as may be necessary, is hereby appropriated to  the  office  for
people  with  developmental  disabilities out of any moneys in the state
treasury in the general fund, not otherwise appropriated, and made imme-
diately available, for the purposes of this act:
  The amount of such monies necessary shall be determined by the commis-
sioner of developmental disabilities and  director  of  the  budget  and
shall  be based on a recommendation developed by the workgroup appointed
pursuant to chapter 53 of the laws of 2013. The workgroup shall  develop
its  recommendation upon evaluating the extent to which the savings plan
it developed pursuant to budget language included in chapter 53  of  the
laws  of 2013 maintains rates of payment for Medicaid services at levels
no less than those in effect on March 31, 2013 and reimbursement  levels
for  any other OPWDD funded programs and services in effect on March 31,
2013. However to the extent that any additional federal funds  or  other
funds  are  made  available  for this purpose those funds may be used to
offset the requirement to use the full ninety million  dollars.  To  the
extent  that  funding falls short of the amount necessary to fulfill the
proposes of this act, no later than December 31, 2013  the  director  of
the  budget shall deposit sufficient funds to make up for such shortfall
to the credit of the general fund.  The  commissioner  of  developmental
disabilities  and  director  of  the  budget  may also take into account

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-04-3

S. 4777                             2

greater efficiencies which do not diminish or  impair  services  or  the
quality of care as reflected in the recommendations of the workgroup.
  Ninety  million  dollars  ($90,000,000)  or  such amount as determined
pursuant to this act shall be made available to the  office  for  people
with developmental disabilities immediately for the purpose of providing
additional  services and expenses for community programs for people with
developmental disabilities pursuant to article 41 of the mental  hygiene
law,  and/or chapter 620 of the laws of 1974, chapter 660 of the laws of
1977, chapter 412 of the laws of 1981, chapter 27 of the laws  of  1987,
chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and any
other provisions of the mental hygiene law.
  Notwithstanding  any  inconsistent provision of law, the appropriation
shall be net of refunds, rebates, reimbursements, and credits.
  Notwithstanding any inconsistent provision of law, the director of the
budget is authorized to make sub-allocations from this appropriation  up
to  $90,000,000  to  the department of health medical assistance program
for the state share of additional medical assistance  services  expenses
incurred  by  the  department  of  health  for  the provision of medical
assistance to people with developmental disabilities.
  Notwithstanding any other provision of law, advances and reimbursement
made pursuant to subdivision (d) of section 41.15 and section  41.18  of
the  mental  hygiene  law shall be allocated pursuant to a plan and in a
manner prescribed by the commissioner of developmental disabilities  and
approved  by  the  director of the budget.  No expenditure shall be made
from this appropriation until  a  certificate  of  allocation  has  been
approved by the director of the budget and copies thereof filed with the
state  comptroller,  and  the  chairs of the senate finance and assembly
ways and means committees. The moneys hereby appropriated are  available
to reimburse or advance localities and voluntary non-profit agencies for
expenditures  made  during  local  fiscal  periods commencing January 1,
2013, April 1, 2013 or July 1, 2013, and for advances for  the  3  month
period beginning January 1, 2014.
  Such  moneys  shall  be  payable on the audit and warrant of the comp-
troller on vouchers certified or approved by the commissioner of  devel-
opmental disabilities in the manner prescribed by law.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4777A - Bill Details

See Assembly Version of this Bill:
A6692C
Law Section:
Appropriations

S4777A - Bill Texts

view summary

Appropriates money to the office for people with developmental disabilities for the funding of various programs.

view sponsor memo
BILL NUMBER:S4777A

TITLE OF BILL: An act making an appropriation to the office for
people with developmental disabilities for the purpose of providing
additional services and expenses for community programs for people
with developmental disabilities

SUMMARY OF PROVISIONS:

Legislative intent relative to the need of providing adequate program
funding for people with developmental disabilities. This bill
appropriates $90 million or such amount thereof as may be necessary
for the purpose of funding OPWDD nonprofit services. The amount of the
appropriation shall be based on a recommendation developed by the
workgroup appointed pursuant to chapter 53 of the laws of 2013. The
workgroup shall develop its recommendation after evaluating the extent
to which the savings Plan it developed pursuant to budget language
restores the $90 million reduction enacted in the final budget. To the
extent that funding falls short of fully restoring the $90 million
reduction the director of the budget shall deposit sufficient funds to
make up for such shortfall to the credit of the general fund for the
purpose of funding services through OPWDD.

JUSTIFICATION:

The final FY 13-14 budget for not-for-Profit services to the Office of
People with Developmental Disabilities was cut by a state share amount
of $90 million or 4.5% With added federal funds this will amount to a
$180 million reduction.

Advocates, people with developmental disabilities and their families
believe that given the years of consecutive cuts to the developmental
disabilities system, it is essential to eliminate the entire $90
million cut. This is especially true because of the enormous demands
on the system of developmental disabilities services from waves of new
regulations, the transition to managed care and a "transformational"
agenda aimed at moving people to least restrictive environments.

To begin the process of minimizing the $90 million cut, language in
the final budget directed a workgroup to develop a savings plan. The
savings plan was finalized by the workgroup at the end of March.
While initial assessments of the savings plan are positive, it is
unclear exactly to what extent it reduces the 4.5% cut.

This bill requires that the impact of the savings plan be reevaluated
at future date by the workgroup so that an accurate assessment of the
savings plan's impact will be possible To the extent that the savings
plan does not provide sufficient savings to eliminate the impact of
the $90 million cut, this bill would appropriate the shortfall to
OPWDD and make good on the Legislature's promise for full restoration
but only after every effort was made to achieve full restoration
without resorting to new appropriations. While savings plan reductions
such as supplemental room and board costs and certain administrative
costs are consistent with the most efficient use of funds, associated
funding must remain to support system transition and unmet needs.


This approach to full restoration is responsible, cost effective and
fair to the State, people with developmental disabilities and their
families and Providers.

PRIOR HISTORY:

None

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately

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

                                 4777--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced  by  Sens. GOLDEN, ADDABBO, BRESLIN, GRIFFO, HANNON, KENNEDY,
  MAZIARZ, NOZZOLIO, O'MARA, TKACZYK -- read twice and ordered  printed,
  and  when  printed  to  be  committed  to  the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  making  an appropriation to the office for people with develop-
  mental disabilities for the purpose of providing  additional  services
  and  expenses  for  community  programs  for people with developmental
  disabilities

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

  Section  1.  Statement  of  legislative intent. The legislature hereby
finds that providing people with developmental disabilities high quality
care is a critical state responsibility as  affirmed  in  public  policy
including federal and state court cases and legislation. Furthermore the
legislature  recognizes  that  critical reductions in state funding were
enacted during the fiscal year  2013-2014  budget  which  will,  if  not
restored,  erode  the  quality  of care for these vulnerable individuals
over time and sabotage state and federal mandates to achieve transforma-
tional objectives and transition to managed care. The  legislature  also
recognizes  that,  in accordance with budget language enacted as part of
chapter 53 of the laws of 2013, substantial and  laudable  progress  has
been  made  by  the  executive  working  in cooperation with people with
developmental disabilities, their families and providers toward  finding
savings  to  minimize  the  impact  of  fiscal  year  2013-2014  funding
reductions. However, it is not sufficiently clear  to  what  extent  the
impact  of these cuts have been minimized. Therefore it is the intent of
the legislature to ensure that the fiscal year  2013-2014  reduction  be
fully  restored  and savings generated which are attributable to program
reductions, administrative  reductions,  more  efficient  operations  or
appropriate  lower  cost  care  stay  within  the office for people with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-06-3

S. 4777--A                          2

developmental disabilities' voluntary system  for  reinvestment  towards
unmet  needs.  Finally,  this bill provides a cost effective vehicle for
achieving its goals since it  utilizes  elements  of  the  savings  plan
developed pursuant to chapter 53 of the laws of 2013 to reduce the actu-
al appropriation required.
  S 2. The sum of ninety million dollars ($90,000,000), or so much ther-
eof as may be necessary, is hereby appropriated to the office for people
with  developmental disabilities out of any moneys in the state treasury
in the general fund, not otherwise appropriated,  and  made  immediately
available,  for  the  purposes of this act. Such funding shall therefore
supplement the monies appropriated by chapter 53 of the laws of 2013  to
the  office  for  people  with  developmental  disabilities and shall be
subject to the same conditions and requirements as  stipulated  in  such
chapter,  including  sub-allocations to the department of health for the
state's medical assistance program.
  The amount of such monies appropriated  shall  be  determined  by  the
commissioner  of  the  office for people with developmental disabilities
and the director of the budget and shall be based  on  a  recommendation
developed  by the workgroup appointed pursuant to chapter 53 of the laws
of 2013. The workgroup shall develop its recommendation upon  evaluating
the  extent  to  which  the savings plan it developed pursuant to budget
language included in chapter 53 of the laws of 2013 results in any addi-
tional federal funds or other funds being made  available  that  may  be
used  to  offset  the  requirement  to appropriately use the full ninety
million dollars ($90,000,000).  To  the  extent  that  these  additional
sources  of funding fall short of $90,000,000 no later than December 31,
2013 the director of the budget shall cause to be  deposited  sufficient
funds to make up for such shortfall to the credit of the general fund.
  S 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4777B - Bill Details

See Assembly Version of this Bill:
A6692C
Law Section:
Appropriations

S4777B - Bill Texts

view summary

Appropriates money to the office for people with developmental disabilities for the funding of various programs.

view sponsor memo
BILL NUMBER:S4777B

TITLE OF BILL: An act making an appropriation to the office for
people with developmental disabilities for the purpose of providing
additional services and expenses for community programs for people
with developmental disabilities

SUMMARY OF PROVISIONS: Legislative intent relative to the need of
providing adequate program funding for people with developmental
disabilities. This bill appropriates $90 million or such amount
thereof as may be necessary for the purpose of funding OPWDD nonprofit
services. The amount of the appropriation shall be based on a
recommendation developed by the workgroup appointed pursuant to
chapter 53 of the laws of 2013. The workgroup shall develop its
recommendation after evaluating the extent to which the savings Plan
it developed pursuant to budget language restores the $90 million
reduction enacted in the final budget. To the extent that funding
falls short of fully restoring the $90 million reduction the director
of the budget shall deposit sufficient funds to make up for such
shortfall to the credit of the general fund for the purpose of funding
services through OPWDD.

JUSTIFICATION: The final FY 13-14 budget for not-for-Profit services
to the Office of People with Developmental Disabilities was cut by a
state share amount of $90 million or 4.5% With added federal funds
this will amount to a $180 million reduction.

Advocates, people with developmental disabilities and their families
believe that given the years of consecutive cuts to the developmental
disabilities system, it is essential to eliminate the entire $90
million cut. This is especially true because of the enormous demands
on the system of developmental disabilities services from waves of new
regulations, the transition to managed care and a "transformational"
agenda aimed at moving people to least restrictive environments.

To begin the process of minimizing the $90 million cut, language in
the final budget directed a workgroup to develop a savings plan. The
savings plan was finalized by the workgroup at the end of March.
While initial assessments of the savings plan are positive, it is
unclear exactly to what extent it reduces the 4.5% cut.

This bill requires that the impact of the savings plan be reevaluated
at future date by the workgroup so that an accurate assessment of the
savings plan's impact will be possible. To the extent that the savings
plan does not provide sufficient savings to eliminate the impact of
the $90 million cut, this bill would appropriate the shortfall to
OPWDD and make good on the Legislature's promise for full restoration
but only after every effort was made to achieve full restoration
without resorting to new appropriations. While savings plan reductions
such as supplemental room and board costs and certain administrative
costs are consistent with the most efficient use of funds, associated
funding must remain to support system transition and unmet needs.

This approach to full restoration is responsible, cost effective and
fair to the State, people with developmental disabilities and their
families and Providers.


PRIOR HISTORY: None

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

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

                                 4777--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced by Sens. GOLDEN, ADDABBO, BRESLIN, FUSCHILLO, GRIFFO, HANNON,
  KENNEDY,  LARKIN,  MAZIARZ,  NOZZOLIO, O'MARA, RANZENHOFER, TKACZYK --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT making an appropriation to the office for  people  with  develop-
  mental  disabilities  for the purpose of providing additional services
  and expenses for community  programs  for  people  with  developmental
  disabilities

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

  Section 1. This act shall be known and may be  cited  as  the  "People
with  Developmental  Disabilities  Restoration  and  Reinvestment Act of
2013".
  S 2. The sum of ninety million dollars ($90,000,000), or so much ther-
eof as may be necessary, is hereby appropriated to the office for people
with developmental disabilities out of any moneys in the state  treasury
in  the  general  fund, not otherwise appropriated, and made immediately
available, for the purposes of this act:
  The amount of such monies necessary shall be determined by the commis-
sioner of developmental disabilities and  director  of  the  budget  and
shall  be based on a recommendation developed by the workgroup appointed
pursuant to chapter 53 of the laws of 2013. The workgroup shall  develop
its  recommendation upon evaluating the extent to which the savings plan
it developed pursuant to budget language included in chapter 53  of  the
laws  of 2013 maintains rates of payment for Medicaid services at levels
no less than those in effect on March 31, 2013 and reimbursement  levels
for  any other OPWDD funded programs and services in effect on March 31,
2013. However to the extent that any additional federal funds  or  other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-08-3

S. 4777--B                          2

funds  are  made  available  for this purpose those funds may be used to
offset the requirement to use the full ninety million  dollars.  To  the
extent  that  funding falls short of the amount necessary to fulfill the
proposes  of  this  act, no later than December 31, 2013 the director of
the budget shall deposit sufficient funds to make up for such  shortfall
to  the  credit  of  the general fund. The commissioner of developmental
disabilities and director of the  budget  may  also  take  into  account
greater  efficiencies  which  do  not diminish or impair services or the
quality of care as reflected in the recommendations of the workgroup.
  Ninety million dollars ($90,000,000)  or  such  amount  as  determined
pursuant  to  this  act shall be made available to the office for people
with developmental disabilities immediately for the purpose of providing
additional services and expenses for community programs for people  with
developmental  disabilities pursuant to article 41 of the mental hygiene
law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws  of
1977,  chapter  412 of the laws of 1981, chapter 27 of the laws of 1987,
chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and any
other provisions of the mental hygiene law.
  Notwithstanding any inconsistent provision of law,  the  appropriation
shall be net of refunds, rebates, reimbursements, and credits.
  Notwithstanding any inconsistent provision of law, the director of the
budget  is authorized to make sub-allocations from this appropriation up
to $90,000,000 to the department of health  medical  assistance  program
for  the  state share of additional medical assistance services expenses
incurred by the department  of  health  for  the  provision  of  medical
assistance to people with developmental disabilities.
  Notwithstanding any other provision of law, advances and reimbursement
made  pursuant  to subdivision (d) of section 41.15 and section 41.18 of
the mental hygiene law shall be allocated pursuant to a plan  and  in  a
manner  prescribed by the commissioner of developmental disabilities and
approved by the director of the budget.   No expenditure shall  be  made
from  this  appropriation  until  a  certificate  of allocation has been
approved by the director of the budget and copies thereof filed with the
state comptroller, and the chairs of the  senate  finance  and  assembly
ways  and means committees. The moneys hereby appropriated are available
to reimburse or advance localities and voluntary non-profit agencies for
expenditures made during local  fiscal  periods  commencing  January  1,
2013,  April  1,  2013 or July 1, 2013, and for advances for the 3 month
period beginning January 1, 2014.
  Such moneys shall be payable on the audit and  warrant  of  the  comp-
troller  on vouchers certified or approved by the commissioner of devel-
opmental disabilities in the manner prescribed by law.
  S 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4777C - Bill Details

See Assembly Version of this Bill:
A6692C
Law Section:
Appropriations

S4777C - Bill Texts

view summary

Appropriates money to the office for people with developmental disabilities for the funding of various programs.

view sponsor memo
BILL NUMBER:S4777C

TITLE OF BILL: An act making an appropriation to the office for
people with developmental disabilities for the purpose of providing
additional services and expenses for community programs for people
with developmental disabilities

SUMMARY OF PROVISIONS: Legislative intent relative to the need of
providing adequate program funding for people with developmental
disabilities. This bill appropriates $90 million or such amount
thereof as may be necessary for the purpose of funding OPWDD nonprofit
services. The amount of the appropriation shall be based on a
recommendation developed by the workgroup appointed pursuant to
chapter 53 of the laws of 2013. The workgroup shall develop its
recommendation after evaluating the extent to which the savings Plan
it developed pursuant to budget language restores the $90 million
reduction enacted in the final budget. To the extent that funding
falls short of fully restoring the $90 million reduction the director
of the budget shall deposit sufficient funds to make up for such
shortfall to the credit of the general fund for the purpose of funding
services through OPWDD.

JUSTIFICATION: The final FY 13-14 budget for not-for-Profit services
to the Office of People with Developmental Disabilities was cut by a
state share amount of $90 million or 4.5% With added federal funds
this will amount to a $180 million reduction.

Advocates, people with developmental disabilities and their families
believe that given the years of consecutive cuts to the developmental
disabilities system, it is essential to eliminate the entire $90
million cut. This is especially true because of the enormous demands
on the system of developmental disabilities services from waves of new
regulations, the transition to managed care and a "transformational"
agenda aimed at moving people to least restrictive environments.

To begin the process of minimizing the $90 million cut, language in
the final budget directed a workgroup to develop a savings plan. The
savings plan was finalized by the workgroup at the end of March.
While initial assessments of the savings plan are positive, it is
unclear exactly to what extent it reduces the 4.5% cut.

This bill requires that the impact of the savings plan be reevaluated
at future date by the workgroup so that an accurate assessment of the
savings plan's impact will be possible. To the extent that the savings
plan does not provide sufficient savings to eliminate the impact of
the $90 million cut, this bill would appropriate the shortfall to
OPWDD and make good on the Legislature's promise for full restoration
but only after every effort was made to achieve full restoration
without resorting to new appropriations. While savings plan reductions
such as supplemental room and board costs and certain administrative
costs are consistent with the most efficient use of funds, associated
funding must remain to support system transition and unmet needs.

This approach to full restoration is responsible, cost effective and
fair to the State, people with developmental disabilities and their
families and Providers.


PRIOR HISTORY: None

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

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

                                 4777--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  ADDABBO,  BRESLIN,  CARLUCCI, FUSCHILLO,
  GIPSON, GRIFFO, HANNON, KENNEDY, LARKIN,  MAZIARZ,  NOZZOLIO,  O'MARA,
  RANZENHOFER,  TKACZYK  --  read  twice  and  ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  making  an appropriation to the office for people with develop-
  mental disabilities for the purpose of providing  additional  services
  and  expenses  for  community  programs  for people with developmental
  disabilities

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

  Section  1.  This  act  shall be known and may be cited as the "People
with Developmental Disabilities  Restoration  and  Reinvestment  Act  of
2013".
  S  2.  Statement  of  legislative intent. The legislature hereby finds
that providing people with developmental disabilities high quality  care
is  a critical state responsibility as affirmed in public policy includ-
ing federal and state  court  cases  and  legislation.  Furthermore  the
legislature  recognizes  that  critical reductions in state funding were
enacted during the fiscal year  2013-2014  budget  which  will,  if  not
restored,  erode  the  quality  of care for these vulnerable individuals
over time and sabotage state and federal mandates to achieve transforma-
tional objectives and transition to managed care. The  legislature  also
recognizes  that,  in accordance with budget language enacted as part of
chapter 53 of the laws of 2013, substantial and  laudable  progress  has
been  made  by  the  executive  working  in cooperation with people with
developmental disabilities, their families and providers toward  finding

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-10-3

S. 4777--C                          2

savings  to  minimize  the  impact  of  fiscal  year  2013-2014  funding
reductions. However, it is not sufficiently clear  to  what  extent  the
impact  of these cuts have been minimized. Therefore it is the intent of
the  legislature  to  ensure that the fiscal year 2013-2014 reduction be
fully restored and savings generated which are attributable  to  program
reductions,  administrative  reductions,  more  efficient  operations or
appropriate lower cost care stay  within  the  office  for  people  with
developmental  disabilities'  voluntary  system for reinvestment towards
unmet needs. Finally, this bill provides a cost  effective  vehicle  for
achieving  its  goals  since  it  utilizes  elements of the savings plan
developed pursuant to chapter 53 of the laws of 2013 to reduce the actu-
al appropriation required.
  S 3. The sum of ninety million dollars ($90,000,000), or so much ther-
eof as may be necessary, is hereby appropriated to the office for people
with developmental disabilities out of any moneys in the state  treasury
in  the  general  fund, not otherwise appropriated, and made immediately
available, for the purposes of this act. Such  funding  shall  therefore
supplement  the monies appropriated by chapter 53 of the laws of 2013 to
the office for people  with  developmental  disabilities  and  shall  be
subject  to  the  same conditions and requirements as stipulated in such
chapter, including sub-allocations to the department of health  for  the
state's medical assistance program.
  The  amount  of  such  monies  appropriated shall be determined by the
commissioner of the office for people  with  developmental  disabilities
and  the  director  of the budget and shall be based on a recommendation
developed by the workgroup appointed pursuant to chapter 53 of the  laws
of  2013. The workgroup shall develop its recommendation upon evaluating
the extent to which the savings plan it  developed  pursuant  to  budget
language included in chapter 53 of the laws of 2013 results in any addi-
tional  federal  funds  or  other funds being made available that may be
used to offset the requirement to  appropriately  use  the  full  ninety
million  dollars  ($90,000,000).  To  the  extent  that these additional
sources of funding fall short of $90,000,000 no later than December  31,
2013  the  director of the budget shall cause to be deposited sufficient
funds to make up for such shortfall to the credit of the general fund.
  S 4. This act shall take effect immediately.

Co-Sponsors

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S4777D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6692C
Law Section:
Appropriations

S4777D (ACTIVE) - Bill Texts

view summary

Appropriates money to the office for people with developmental disabilities for the funding of various programs.

view sponsor memo
BILL NUMBER:S4777D

TITLE OF BILL: An act making an appropriation to the office for
people with developmental disabilities for the purpose of providing
additional services and expenses for community programs for people
with developmental disabilities

SUMMARY OF PROVISIONS: This bill appropriates $90 million or such
amount thereof as may be necessary for the purpose of funding OPWDD
nonprofit services.

The amount of the appropriation shall be based on a recommendation
developed by the workgroup appointed pursuant to chapter 53 of the
laws of 2013. The workgroup shall develop its recommendation after
evaluating the extent to which the savings Plan it developed pursuant
to budget language restores the $90 million reduction enacted in the
final budget. To the extent that funding falls short of fully
restoring the $90 million reduction the director of the budget shall
deposit sufficient funds to make up for such shortfall to the credit
of the general fund for the purpose of funding services through OPWDD.

JUSTIFICATION: The final FY 13-14 budget for not-for-Profit services
to the Office of People with Developmental Disabilities was cut by a
state share amount of $90 million.

To begin the process of minimizing the $90 million cut, language in
the final budget directed a workgroup to develop a savings plan. The
savings plan was finalized by the workgroup at the end of March.

To the extent that the savings plan does not provide sufficient
savings to eliminate the impact of the $90 million cut, this bill
would appropriate the shortfall to OPWDD and but only after every
effort was made to achieve full restoration without resorting to new
appropriations. While savings plan reductions such as supplemental
room and board costs and certain administrative costs are consistent
with the most efficient use of funds, associated funding must remain
to support system transition and unmet needs. Any expenditures shall
be made with a certificate of allocation executed by the Director of
the Division of the Budget.

This approach to full restoration is responsible, cost effective and
fair to the State, people with developmental disabilities and their
families and Providers.

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 4777--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  ADDABBO,  BRESLIN,  CARLUCCI, FUSCHILLO,
  GIPSON, GRIFFO, HANNON,  KENNEDY,  LANZA,  LARKIN,  LAVALLE,  MARTINS,
  MAZIARZ,  NOZZOLIO,  O'MARA,  RANZENHOFER,  RITCHIE, TKACZYK, YOUNG --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  making  an appropriation to the office for people with develop-
  mental disabilities for the purpose of providing  additional  services
  and  expenses  for  community  programs  for people with developmental
  disabilities

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

  Section 1. The sum of ninety million dollars ($90,000,000), or so much
thereof  as  may  be necessary, is hereby appropriated to the office for
people with developmental disabilities out of any moneys  in  the  state
treasury in the general fund, not otherwise appropriated, and made imme-
diately available, for the purposes of this act:
  The amount of such monies necessary shall be determined by the commis-
sioner  of  developmental  disabilities  and  director of the budget and
shall consider recommendations  developed  by  the  workgroup  appointed
pursuant  to chapter 53 of the laws of 2013. The workgroup shall develop
its recommendation upon evaluating the extent to which the savings  plan
it  developed  pursuant to budget language included in chapter 53 of the
laws of 2013 maintains rates of payment for Medicaid services at  levels
no  less than those in effect on March 31, 2013 and reimbursement levels
for any other OPWDD funded programs and services in effect on March  31,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-12-3

S. 4777--D                          2

2013.  However  to the extent that any additional federal funds or other
funds are made available for this purpose those funds  may  be  used  to
offset  the  requirement  to use the full ninety million dollars. To the
extent  that  the  savings  falls  short  of  the  amount expected to be
achieved from recommendations of  the  workgroup  process  completed  in
April  2013,  no  later  than  March 31, 2014 the director of the budget
shall deposit sufficient funds to make up  for  such  shortfall  to  the
credit  of the general fund. The commissioner of developmental disabili-
ties and director of the budget may also take into account greater effi-
ciencies which do not diminish or impair services or the quality of care
as reflected in the recommendations of the workgroup.
  Ninety million dollars ($90,000,000)  or  such  amount  as  determined
pursuant  to  this  act shall be made available to the office for people
with developmental disabilities immediately for the purpose of providing
additional services and expenses for community programs for people  with
developmental  disabilities pursuant to article 41 of the mental hygiene
law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws  of
1977,  chapter  412 of the laws of 1981, chapter 27 of the laws of 1987,
chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and any
other provisions of the mental hygiene law.
  Notwithstanding any inconsistent provision of law,  the  appropriation
shall be net of refunds, rebates, reimbursements, and credits.
  Notwithstanding any inconsistent provision of law, the director of the
budget  is authorized to make sub-allocations from this appropriation up
to $90,000,000 to the department of health  medical  assistance  program
for  the  state share of additional medical assistance services expenses
incurred by the department  of  health  for  the  provision  of  medical
assistance to people with developmental disabilities.
  Notwithstanding any other provision of law, advances and reimbursement
made  pursuant  to subdivision (d) of section 41.15 and section 41.18 of
the mental hygiene law shall be allocated pursuant to a plan  and  in  a
manner  prescribed by the commissioner of developmental disabilities and
approved by the director of the budget.   No expenditure shall  be  made
from  this  appropriation  until  a  certificate  of allocation has been
approved by the director of the budget and copies thereof filed with the
state comptroller, and the chairs of the  senate  finance  and  assembly
ways  and means committees. The moneys hereby appropriated are available
to reimburse or advance localities and voluntary non-profit agencies for
expenditures made during local  fiscal  periods  commencing  January  1,
2013,  April  1,  2013 or July 1, 2013, and for advances for the 3 month
period beginning January 1, 2014.
  Such moneys shall be payable on the audit and  warrant  of  the  comp-
troller  on vouchers certified or approved by the commissioner of devel-
opmental disabilities in the manner prescribed by law.
  S 2. This act shall take effect immediately.

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