senate Bill S7400B

Vetoed By Governor
2013-2014 Legislative Session

Relates to oversight of developmental disability care organizations and coordinate services

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Sponsored By

Archive: Last Bill Status Via A9766 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 tabled
vetoed memo.506
Nov 10, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.1697
substituted for s7400b
Jun 20, 2014 substituted by a9766a
ordered to third reading cal.1697
committee discharged and committed to rules
Jun 10, 2014 print number 7400b
amend (t) and recommit to health
Jun 03, 2014 print number 7400a
amend and recommit to health
May 14, 2014 referred to health

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S7400 - Bill Details

See Assembly Version of this Bill:
A9766A
Law Section:
Public Health Law
Laws Affected:
Amd §§4403 & 4403-f, Pub Health L

S7400 - Bill Texts

view summary

Relates to oversight of developmental disability care organizations and coordinate services.

view sponsor memo
BILL NUMBER:S7400

TITLE OF BILL: An act to amend the public health law, in relation to
developmental disability care organizations and coordinate services

PURPOSE:

To ensure that individuals with developmental disabilities receive the
continue to the most appropriate level and quality of care as the
state transitions people with developmental disabilities into managed
care plans.

JUSTIFICATION:

New York State has a long history of providing supports and services
to individuals with developmental disabilities through a partnership
between state and voluntary providers of service.

With the transition to managed care, New York State it is important to
preserve the state's long standing tradition of providing services and
to ensure that public funds are utilized for supports and services for
people with developmental disabilities and not for shareholder
profits.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

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
________________________________________________________________________

                                  7400

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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

AN ACT to amend the public health  law,  in  relation  to  developmental
  disability care organizations and coordinate services

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

  Section 1. Paragraphs (a) and (a-1) of subdivision 8 of  section  4403
of the public health law, as added by section 74 of part A of chapter 56
of the laws of 2013, are amended to read as follows:
  (a)  Such  organization must have the ability to provide or coordinate
services for persons with developmental disabilities, as demonstrated by
criteria to be determined by the commissioner and  the  commissioner  of
the  office  for  people  with developmental disabilities. Such criteria
shall include, but not be limited to, adequate experience  providing  or
coordinating  services  for  persons  with developmental disabilities[.]
UNDER THE REGULATORY OVERSIGHT OF THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
MENTAL DISABILITIES;
  (a-1)  If  the  commissioner  and  the  commissioner of the office for
people with developmental disabilities determine that such  organization
lacks  the experience required in paragraph (a) of this subdivision, the
organization shall have an affiliation arrangement  with  an  entity  or
entities THAT ARE NON-PROFIT with experience serving persons with devel-
opmental  disabilities  UNDER THE REGULATORY OVERSIGHT OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES such that the  affiliated  entity
will  coordinate  and plan services operated, certified, funded, author-
ized or approved by the office for people with  developmental  disabili-
ties or will oversee and approve such coordination and planning;
  S  2.  Paragraphs (a) and (a-1) of subdivision 12 of section 4403-f of
the public health law, as added by section 76 of part A of chapter 56 of
the laws of 2013, are amended to read as follows:
  (a) Such plan must have the ability to provide or coordinate  services
for  persons with developmental disabilities as demonstrated by criteria
to be determined by the commissioner and the commissioner of the  office
for people with developmental disabilities. Such criteria shall include,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15107-02-4

S. 7400                             2

but  not  be  limited  to, adequate experience providing or coordinating
services for persons with developmental disabilities UNDER THE REGULATO-
RY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
  (a-1)  If  the  commissioner  and  the  commissioner of the office for
people with developmental disabilities determine that  such  plan  lacks
the  experience  required in paragraph (a) of this subdivision, the plan
shall have an affiliation arrangement with an entity  or  entities  THAT
ARE  NON-PROFIT with experience serving persons with developmental disa-
bilities UNDER THE REGULATORY OVERSIGHT OF THE OFFICE  FOR  PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES such that the affiliated entity will coordi-
nate and  plan  services  operated,  certified,  funded,  authorized  or
approved  by  the  office  for people with developmental disabilities or
will oversee and approve such coordination and planning;
  S 3. This act shall take effect immediately, provided,  however,  that
the amendments to subdivision 8 of section 4403 of the public health law
made  by  section  one  of  this act shall not affect the repeal of such
subdivision and shall be deemed repealed  therewith;  provided,  further
that  the  amendments  to subdivision 12 of section 4403-f of the public
health law made by section two of this act shall not affect  the  repeal
of such subdivision and such section and shall be deemed repealed there-
with.

S7400A - Bill Details

See Assembly Version of this Bill:
A9766A
Law Section:
Public Health Law
Laws Affected:
Amd §§4403 & 4403-f, Pub Health L

S7400A - Bill Texts

view summary

Relates to oversight of developmental disability care organizations and coordinate services.

view sponsor memo
BILL NUMBER:S7400A

TITLE OF BILL: An act to amend the public health law, in relation to
developmental disability care organizations and coordinate services

PURPOSE:

To ensure that individuals with developmental disabilities receive the
continue to the most appropriate level and quality of care as the
state transitions people with developmental disabilities into managed
care plans.

JUSTIFICATION:

New York State has a long history of providing supports and services
to individuals with developmental disabilities through a partnership
between state and voluntary providers of service.

With the transition to managed care, New York State it is important to
preserve the state's long standing tradition of providing services and
to ensure that public funds are utilized for supports and services for
people with developmental disabilities and not for shareholder
profits.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

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
________________________________________________________________________

                                 7400--A

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  public health law, in relation to developmental
  disability care organizations and coordinate services

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

  Section  1.  Paragraphs (a) and (a-1) of subdivision 8 of section 4403
of the public health law, as added by section 74 of part A of chapter 56
of the laws of 2013, are amended to read as follows:
  (a) Such organization must have the ability to provide  or  coordinate
services for persons with developmental disabilities, as demonstrated by
criteria  to  be  determined by the commissioner and the commissioner of
the office for people with  developmental  disabilities.  Such  criteria
shall  include,  but not be limited to, adequate experience providing or
coordinating services for  persons  with  developmental  disabilities[.]
UNDER  THE  REGULATORY  OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES;
  (a-1) If the commissioner and  the  commissioner  of  the  office  for
people  with developmental disabilities determine that such organization
lacks the experience required in paragraph (a) of this subdivision,  the
organization  shall  have  an  affiliation arrangement with an entity or
entities THAT ARE NON-PROFIT with experience serving persons with devel-
opmental disabilities UNDER THE REGULATORY OVERSIGHT OF THE  OFFICE  FOR
PEOPLE  WITH  DEVELOPMENTAL DISABILITIES such that the affiliated entity
will coordinate and plan services operated, certified,  funded,  author-
ized  or  approved by the office for people with developmental disabili-
ties or will oversee and approve such coordination and planning;
  S 2. Paragraphs (a) and (a-1) of subdivision 12 of section  4403-f  of
the public health law, as added by section 76 of part A of chapter 56 of
the laws of 2013, are amended to read as follows:
  (a)  Such plan must have the ability to provide or coordinate services
for persons with developmental disabilities as demonstrated by  criteria

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15107-03-4

S. 7400--A                          2

to  be determined by the commissioner and the commissioner of the office
for people with developmental disabilities. Such criteria shall include,
but not be limited to, adequate  experience  providing  or  coordinating
services, INCLUDING BUT NOT LIMITED TO, RESIDENTIAL, DAY, AND EMPLOYMENT
SERVICES for persons with developmental disabilities UNDER THE REGULATO-
RY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
  (a-1)  If  the  commissioner  and  the  commissioner of the office for
people with developmental disabilities determine that  such  plan  lacks
the  experience  required in paragraph (a) of this subdivision, the plan
shall have an affiliation arrangement with an entity  or  entities  THAT
ARE  NON-PROFIT with experience serving persons with developmental disa-
bilities UNDER THE REGULATORY OVERSIGHT OF THE OFFICE  FOR  PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL,
DAY AND EMPLOYMENT SERVICES, such that the affiliated entity will  coor-
dinate  and  plan  services  operated,  certified, funded, authorized or
approved by the office for people  with  developmental  disabilities  or
will oversee and approve such coordination and planning;
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to subdivision 8 of section 4403 of the public health law
made by section one of this act shall not  affect  the  repeal  of  such
subdivision  and  shall  be deemed repealed therewith; provided, further
that the amendments to subdivision 12 of section 4403-f  of  the  public
health  law  made by section two of this act shall not affect the repeal
of such subdivision and such section and shall be deemed repealed there-
with.

Co-Sponsors

S7400B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9766A
Law Section:
Public Health Law
Laws Affected:
Amd §§4403 & 4403-f, Pub Health L

S7400B (ACTIVE) - Bill Texts

view summary

Relates to oversight of developmental disability care organizations and coordinate services.

view sponsor memo
BILL NUMBER:S7400B

TITLE OF BILL: An act to amend the public health law, in relation to
services for individuals with developmental disabilities

PURPOSE: To ensure that New York State's public policy of providing
supports and services for individuals with developmental disabilities,
such as residential, day and employment services, will continue to be
by either public or nonprofit entities with experience providing those
services under the Office for People With Developmental Disabilities
(OPWDD)

JUSTIFICATION: New York State has a long history of providing
supports and services (such as residential, day and employment
services) to individuals with developmental disabilities through
partnerships between state and voluntary providers of service. With
the transition to managed care, it is important that New York State
continues to ensure that the State's public policy of providing
residential, day, employment and other supports and services for
individuals with developmental disabilities continue to be by either
public or nonprofit entities with experience providing those services
under OPWDD. This proposal will ensure "state-wideness" as required by
CMS and will ensure that no matter what type of managed care entity an
individual with developmental disabilities is enrolled in, the
provider of their OPWDD services will continue to be either public or
nonprofit.

As originally envisioned, individuals with developmental disabilities
would only transition into managed care and be served by a managed
care entity called a DISCO (Developmental Disability Individual
Support and Care Coordination organization) which requires that
providers of long term care supports and services for individuals with
developmental disabilities continue to be nonprofit. However, the
original construct has since changed. As currently envisioned,
individuals with developmental disabilities will receive services
through a mainstream Managed Care Organizations (MCO), a Managed Long
Term Care plan (MLTC) or a DISCO, with no requirement that the
provider of the OPWDD services (residential, day, employment etc.) be
provided by a nonprofit entity with experience, regardless of the type
of managed care entity.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: The act shall take effect immediately

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

                                 7400--B

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  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 to amend the public health law, in relation to services for indi-
  viduals with developmental disabilities

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

  Section  1.  Paragraphs (a) and (a-1) of subdivision 8 of section 4403
of the public health law, as added by section 74 of part A of chapter 56
of the laws of 2013, are amended to read as follows:
  (a) Such organization must have the ability to provide  or  coordinate
services for persons with developmental disabilities, as demonstrated by
criteria  to  be  determined by the commissioner and the commissioner of
the office for people with  developmental  disabilities.  Such  criteria
shall  include,  but not be limited to, adequate experience providing or
coordinating services for  persons  with  developmental  disabilities[.]
UNDER  THE  REGULATORY  OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES;
  (a-1) If the commissioner and  the  commissioner  of  the  office  for
people  with developmental disabilities determine that such organization
lacks the experience required in paragraph (a) of this subdivision,  the
organization  shall  have  an  affiliation arrangement with an entity or
entities THAT ARE NON-PROFIT with experience serving persons with devel-
opmental disabilities UNDER THE REGULATORY OVERSIGHT OF THE  OFFICE  FOR
PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO,
RESIDENTIAL, DAY, AND EMPLOYMENT SERVICES such that the affiliated enti-
ty will  coordinate  and  plan  services  operated,  certified,  funded,
authorized or approved by the office for people with developmental disa-
bilities or will oversee and approve such coordination and planning;
  S  2.  Paragraphs (a) and (a-1) of subdivision 12 of section 4403-f of
the public health law, as added by section 76 of part A of chapter 56 of
the laws of 2013, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15107-09-4

S. 7400--B                          2

  (a) Such plan must have the ability to provide or coordinate  services
for  persons with developmental disabilities as demonstrated by criteria
to be determined by the commissioner and the commissioner of the  office
for people with developmental disabilities. Such criteria shall include,
but  not  be  limited  to, adequate experience providing or coordinating
services for persons with developmental disabilities UNDER THE REGULATO-
RY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
  (a-1) If the commissioner and  the  commissioner  of  the  office  for
people  with  developmental  disabilities determine that such plan lacks
the experience required in paragraph (a) of this subdivision,  the  plan
shall  have  an  affiliation arrangement with an entity or entities THAT
ARE NON-PROFIT with experience serving persons with developmental  disa-
bilities  UNDER  THE  REGULATORY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO,  RESIDENTIAL,
DAY  AND EMPLOYMENT SERVICES, such that the affiliated entity will coor-
dinate and plan services  operated,  certified,  funded,  authorized  or
approved  by  the  office  for people with developmental disabilities or
will oversee and approve such coordination and planning;
  S 3. This act shall take effect immediately, provided,  however,  that
the amendments to subdivision 8 of section 4403 of the public health law
made  by  section  one  of  this act shall not affect the repeal of such
subdivision and shall be deemed repealed  therewith;  provided,  further
that  the  amendments  to subdivision 12 of section 4403-f of the public
health law made by section two of this act shall not affect  the  repeal
of such subdivision and such section and shall be deemed repealed there-
with.

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