S T A T E O F N E W Y O R K
I N S E N A T E
February 21, 2014
Introduced by Sens. CARLUCCI, AVELLA, MAZIARZ, RANZENHOFER, TKACZYK,
VALESKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Mental Health and Developmental Disabil-
ities -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee and 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 relating to the administration of services to people with devel-
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds that the policy known as the
"front door" is being implemented to allocate services to people with
developmental disabilities based on person-centered planning. Widespread
reports suggest that the number of persons in critical need is growing
larger and more severe for a broad range of people with developmental
disabilities, including those transitioning out of school, those living
with aging caregivers, and those who live at home but are in need of
more intensive services. Compounding this situation, it has been found
that while individuals linger in inappropriate settings there are vacan-
cies that remain at provider agencies. To reduce delays and create a
more efficient and seamless coordination of services, it is paramount
that transparent and more timely guidance is provided to individuals in
need of services and their families. In addition, clear guidance must be
given to providers of services to ensure that services are utilized in a
meaningful and thoughtful manner.
S 2. The commissioner of the office for people with developmental
disabilities, in collaboration with the developmental disabilities advi-
sory council established pursuant to section 13.05 of the mental hygiene
law, shall develop a plan for implementing the front door process. Such
commissioner shall submit the plan to the temporary president of the
senate and the speaker of the assembly no later than January 1, 2015 and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6641--C 2
implement guidelines putting the plan into effect no later than April 1,
2015. The plan shall consist of proposals to address the following:
(a) The critical needs of people with developmental disabilities
living at home with persons whose ability to act as caregiver has been
diminished by age, disability or any other relevant factors and develop
clear and transparent guidelines for when in-home placement is appropri-
ate and when out-of-home placement is appropriate. Such guidelines shall
address what services are necessary to enable the family to continue to
provide care for the person at their home and in accordance with proce-
dures established by the office, when continued care by the family may
adversely affect the health, safety or welfare of the person with devel-
opmental disabilities and/or his or her family and require an independ-
ent community setting.
(b) Develop, and update quarterly, waiting lists for services provided
to people with developmental disabilities.
(c) Provide clear and specific guidelines outlining criteria for when
self-direction is and is not appropriate for individuals.
(d) Provide guidelines for a clear, expeditious and transparent proc-
ess for allocating residential placements and other critical services to
persons based on their individual needs. Such process shall be consist-
ent across the state and where exceptions are made such exceptions shall
be made in explicit recognition of clear and rational factors. Such
(1) Ensure that critical needs are met in a timely fashion;
(2) Provide an expedited appeals process to review and finally deter-
mine authorized requests for critical services when the state has not
granted such a request promptly considering the circumstances, provided,
however, that such appeal must be authorized if the request has not been
granted within ten business days.
(3) Provide linguistically and culturally appropriate information on
services and access to services in a universally clear and transparent
(4) Provide designated staff which may include a Medicaid service
coordinator to assist prospective service recipients and their families
with navigating the front door process.
(5) Provide a process to ensure that people in crisis are not subject
to the front door process and receive immediate services.
(6) Report on the extent to which the front door policy, as it has
been implemented, is consistent with applicable requirements for the
home and community based waiver regarding timeliness of decisions,
comprehensiveness of necessary services, choice, persons centered plan-
ning and other matters affecting the appropriateness and adequacy of
services for people with developmental disabilities.
(7) Provide guidelines to facilitate and support the evaluation of
post-secondary options for individuals with developmental disabilities
consistent with subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law.
S 3. This act shall take effect immediately.