senate Bill S7431A

2013-2014 Legislative Session

Relates to integrated housing

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 20, 2014 referred to mental health
delivered to assembly
passed senate
ordered to third reading cal.1676
committee discharged and committed to rules
Jun 05, 2014 print number 7431a
amend and recommit to mental health and developmental disabilities
May 14, 2014 referred to mental health and developmental disabilities

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7431 - Bill Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.42, Ment Hyg L

S7431 - Bill Texts

view summary

Relates to increasing housing opportunities for people with developmental disabilities.

view sponsor memo
BILL NUMBER:S7431

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
integrated housing

PURPOSE: This legislation has the commissioner of mental hygiene, in
consultation with the developmental disabilities advisory council, the
department of health, the division of housing and community renewal, and
the most integrated settings coordinating council and other agencies as
determined appropriate by the commissioner establish a plan to increase
housing opportunities for people with developmental disabilities

SUMMARY OF PROVISIONS:

Section 1 Amends the mental hygiene law by adding a new section 13.42

JUSTIFICATION: When the Federal government and New York State entered
into the Transformational Agreement, the state agreed to close its
remaining developmental centers, and OPWDD is required to provide inte-
grated housing opportunities for most of the over 1,000 individuals
transitioning into the community. New York State is also required to
transition the residents of all remaining campus and non-campus based
ICFs to community based settings. This agreement does not address the
amount of individuals with developmental disabilities who live with
family caregivers, 49,673 of which live with family caregivers over the
age of 60 who will be unable to care for their special needs adult child
in the near future. In the state there are over 12,000 individuals with
intellectual and developmental disabilities (IDD) on OPWDD's statewide
residential registry wait list for community services and supports. Of
the 12,000 IDD across the state, 4,000 are in critical need. Governor
Cuomo's Olmstead Plan for New York State will transform OPWDD's delivery
of services by providing individuals more options, choosing the communi-
ty supports and services they need to live fuller lives integrated into
the community. However this transformation is expected to take another 3
to 8 years, causing the list of those who desperately need those
services to grow. Without a plan for integrated housing and the funding
to support it, the unmet need for community based services and supports
will continue to grow and reach crisis proportions while threatening to
overwhelm an already overburdened system.

FISCAL IMPLICATIONS: TBD

LEGISLATIVE HISTORY: New Bill.

EFFECTIVE DATE: Immediately.

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

                                  7431

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by Sen. GRISANTI -- 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 integrated  hous-
  ing

  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
13.42 to read as follows:
S 13.42 INTEGRATED HOUSING PLAN.
  (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND  COMMUNITY  RENEWAL,  AND  THE MOST INTEGRATED SETTINGS COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL ESTABLISH A PLAN TO INCREASE HOUSING OPPORTUNITIES FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES. THE PLAN SHALL INCLUDE, BUT NOT  BE  LIMITED
TO:
  (1)  IDENTIFICATION  OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING
OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
OWN HOME, LEASED APARTMENT, OR FAMILY'S HOME, WHEN SUCH A  PLACEMENT  IS
THEIR  INFORMED  CHOICE  AND  THE MOST INTEGRATED SETTING APPROPRIATE TO
THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHOULD:
  (I) FACILITATE OPPORTUNITIES FOR INDIVIDUALS WITH DEVELOPMENTAL  DISA-
BILITIES,  INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS TO
LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND  AWAY  FROM  THEIR
PARENTAL HOME;
  (II)  EXPAND  THE  INVENTORY OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS
FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
  (III) INCREASE ACCESS TO RENTAL SUBSIDIES FOR INDIVIDUALS WITH  DEVEL-
OPMENTAL DISABILITIES;
  (IV)  BUILD  UNDERSTANDING AND AWARENESS OF INFORMED CHOICES FOR INDE-
PENDENT LIVING AMONG INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,  FAMI-
LIES  PUBLIC  AND  PRIVATE ORGANIZATION, DEVELOPERS AND MEDICAID SERVICE
COORDINATORS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15154-01-4

S. 7431                             2

  (V) REVIEW POTENTIAL FEDERAL AND STATE POLICY CHANGES THAT WILL FACIL-
ITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES  AND  SUPPORTS  THAT
PERMIT INDIVIDUALS TO CHOOSE MORE INDEPENDENT LIVING OPTIONS; AND
  (VI) ASSESS AND ADVANCE COORDINATED PLAN IMPLEMENTATION.
  (2) DATA CONCERNING BASELINE INFORMATION REGARDING THE NUMBER OF INDI-
VIDUALS  WITH  DEVELOPMENTAL  DISABILITIES  WHO WOULD CHOOSE INDEPENDENT
LIVING OPTIONS, IF AVAILABLE AND THE  IDENTIFICATION  OF  STRATEGIES  TO
INCREASE  ACCESS  TO  THESE  OPTIONS;  AS  WELL AS INFORMATION AS TO THE
EXISTING PLACEMENTS IN  MORE  RESTRICTIVE  SETTINGS,  INCLUDING  NURSING
HOMES, ICF SETTINGS, COMMUNITY RESIDENCES, IRAS AND FAMILY CARE SETTINGS
WHO  HAVE  CHOSEN TO LIVE IN THESE SETTINGS HAVING BEEN PROVIDED OPTIONS
FOR COMMUNITY PLACEMENT, SERVICES AND  SUPPORTS  WHERE  SUCH  INDIVIDUAL
HAS:
  (I)  BEEN  OFFERED  A CHOICE OF PROVIDERS CONSISTENT WITH THE INDIVID-
UAL'S IDENTIFIED NEEDS AND PREFERENCES; AND
  (II) BEEN PROVIDED APPROPRIATE COMMUNITY-BASED SERVICES FROM  AMONG  A
RANGE  OF OPTIONS, WITH OPPORTUNITIES FOR THE INDIVIDUAL, THEIR FAMILIES
OR CIRCLE OF SUPPORT TO SPEAK  WITH  THOSE  PROVIDERS,  VISIT  COMMUNITY
PLACEMENTS  AND  BE  PERMITTED  TO  HAVE CONVERSATIONS AND MEETINGS WITH
INDIVIDUALS CURRENTLY LIVING IN THE COMMUNITY AND THEIR FAMILIES, BEFORE
BEING ASKED TO MAKE A CHOICE REGARDING OPTIONS.
  (3) IDENTIFICATION OF MODELS OF INTEGRATED HOUSING PROMOTING,  TO  THE
GREATEST  EXTENT  POSSIBLE,  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
LIVING IN THE COMMUNITY AMONG INDIVIDUALS WITHOUT DISABILITIES,  INCLUD-
ING  CONSIDERATIONS  OF  ABILITY  LEVELS,  CRITICAL LIFE TRANSITIONS AND
APPROPRIATE OPTIONS;
  (4)  STRATEGIES  FOR  ASSISTING  INDIVIDUALS  IN  TRANSITIONING   FROM
PARENTAL HOMES TO COMMUNITY HOUSING;
  (5)  DESCRIBE  INFORMATION  ABOUT  AND  DESCRIBE  A PROCEDURE BY WHICH
APPROPRIATE REFERRALS CAN BE MADE FOR INDIVIDUALS TO APPLY FOR RENTAL OR
HOUSING ASSISTANCE AND BRIDGE  FUNDING  THROUGH  ALL  EXISTING  SOURCES,
INCLUDING  LOCAL, STATE, OR FEDERAL AFFORDABLE HOUSING OR RENTAL ASSIST-
ANCE PROGRAMS (TENANT-BASED  OR  PROJECT-BASED)  AND  ANY  DEVELOPMENTAL
DISABILITY SPECIFIC RENTAL ASSISTANCE;
  (6)  IDENTIFICATION  OF  MEANS  TO ASSIST INDIVIDUALS WITH SIGNIFICANT
BEHAVIORAL OR MEDICAL NEEDS IN PREPARING FOR AND  MOVING  TOWARDS  INTE-
GRATED HOUSING;
  (7)  TECHNICAL ASSISTANCE, COMPLIANCE AND TRANSITION ASSISTANCE PROCE-
DURES FOR EXISTING PROVIDERS WHO SEEK TO TRANSITION TO  MORE  INTEGRATED
HOUSING MODELS; AND
  (8)  ASSESSMENTS OF FUNDING AND NECESSARY SUPPORTS FOR INDIVIDUALS AND
PROVIDERS.
  (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AND THE  MOST  INTEGRATED  SETTINGS  COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL  DEVELOP THE PLAN WITH INPUT FROM STAKEHOLDERS, INCLUDING INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES, PARENTS AND GUARDIANS OF  INDIVID-
UALS   WITH  DEVELOPMENTAL  DISABILITIES,  ADVOCATES  AND  PROVIDERS  OF
SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
  (C) THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED  AND
SUBMITTED  TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY AND POSTED ON THE WEBSITE OF THE OFFICE FOR PEOPLE WITH  DEVEL-
OPMENTAL  DISABILITIES WITHIN ONE HUNDRED EIGHTY DAYS OF THE CENTERS FOR
MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE STATE'S 1915(B)/(C) HCBS
WAIVER APPLICATION.

S. 7431                             3

  S 2. This act shall take effect immediately.

Co-Sponsors

S7431A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.42, Ment Hyg L

S7431A (ACTIVE) - Bill Texts

view summary

Relates to increasing housing opportunities for people with developmental disabilities.

view sponsor memo
BILL NUMBER:S7431A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
integrated housing

PURPOSE: This legislation has the commissioner of mental hygiene, in
consultation with the developmental disabilities advisory council, the
department of health, the division of housing and community renewal,
and the most integrated settings coordinating council and other
agencies as determined appropriate by the commissioner establish a
plan to increase housing opportunities for people with developmental
disabilities

SUMMARY OF PROVISIONS: Section 1 Amends the mental hygiene law by
adding a new section 13.42

JUSTIFICATION: When the Federal government and New York State entered
into the Transformational Agreement, the state agreed to close its
remaining developmental centers, and OPWDD is required to provide
integrated housing opportunities for most of the over 1,000
individuals transitioning into the community. New York State is also
required to transition the residents of all remaining campus and
non-campus based ICFs to community based settings. This agreement does
not address the amount of individuals with developmental disabilities
who live with family caregivers, 49,673 of which live with family
caregivers over the age of 60 who will be unable to care for their
special needs adult child in the near future. In the state there are
over 12,000 individuals with intellectual and developmental
disabilities (IDD) on OPWDD's statewide residential registry wait list
for community services and supports. Of the 12,000 IDD across the
state, 4,000 are in critical need. Governor Cuomo's Olmstead Plan for
New York State will transform OPWDD's delivery of services by
providing individuals more options, choosing the community supports
and services they need to live fuller lives integrated into the
community. However this transformation is expected to take another 3
to 8 years, causing the list of those who desperately need those
services to grow. Without a plan for integrated housing and the
funding to support it, the unmet need for community based services and
supports will continue to grow and reach crisis proportions while
threatening to overwhelm an already overburdened system.

FISCAL IMPLICATIONS: TBD

LEGISLATIVE HISTORY: New Bill.

EFFECTIVE DATE: Immediately.

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

                                 7431--A

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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

AN  ACT to amend the mental hygiene law, in relation to integrated hous-
  ing

  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
13.42 to read as follows:
S 13.42 INTEGRATED HOUSING PLAN.
  (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AND THE  MOST  INTEGRATED  SETTINGS  COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL ESTABLISH A PLAN TO INCREASE HOUSING OPPORTUNITIES FOR PEOPLE WITH
DEVELOPMENTAL  DISABILITIES.  THE PLAN SHALL INCLUDE, BUT NOT BE LIMITED
TO:
  (1) THE CREATION AND MAINTENANCE OF AN  INVENTORY  OF  AFFORDABLE  AND
ACCESSIBLE RENTAL UNITS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
AND
  (2)  IDENTIFICATION  OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING
OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
OWN HOME, LEASED APARTMENT, OR FAMILY'S HOME, WHEN SUCH A  PLACEMENT  IS
THEIR  INFORMED  CHOICE  AND  THE MOST INTEGRATED SETTING APPROPRIATE TO
THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHALL ADDRESS:
  (I) FACILITATING  OPPORTUNITIES  FOR  INDIVIDUALS  WITH  DEVELOPMENTAL
DISABILITIES, INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS
TO LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND AWAY FROM THEIR
PARENTAL HOME;
  (II)  INCREASING  THE  STOCK OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS
FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
  (III) INCREASING AND EXPANDING ACCESS TO RENTAL SUBSIDIES FOR INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15154-02-4

S. 7431--A                          2

  (IV) BUILDING UNDERSTANDING AND  AWARENESS  OF  INFORMED  CHOICES  FOR
INDEPENDENT  LIVING  AMONG  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,
FAMILIES  PUBLIC  AND  PRIVATE  ORGANIZATION,  DEVELOPERS  AND  MEDICAID
SERVICE COORDINATORS;
  (V) REVIEWING AND EVALUATING POTENTIAL FEDERAL AND STATE POLICY CHANG-
ES  THAT  WILL  FACILITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES
AND SUPPORTS THAT PERMIT INDIVIDUALS TO CHOOSE MORE  INDEPENDENT  LIVING
OPTIONS; AND
  (VI) ASSESSING AND ADVANCING COORDINATED PLAN IMPLEMENTATION.
  (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND  COMMUNITY  RENEWAL,  AND  THE MOST INTEGRATED SETTINGS COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL DEVELOP THE PLAN WITH INPUT FROM STAKEHOLDERS, INCLUDING  INDIVID-
UALS  WITH DEVELOPMENTAL DISABILITIES, PARENTS AND GUARDIANS OF INDIVID-
UALS  WITH  DEVELOPMENTAL  DISABILITIES,  ADVOCATES  AND  PROVIDERS   OF
SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
  (C)  THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED AND
SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
ASSEMBLY  AND  THE  CHAIRS  OF  APPROPRIATE SENATE AND ASSEMBLY STANDING
COMMITTEES, AND POSTED ON THE WEBSITE OF  THE  OFFICE  FOR  PEOPLE  WITH
DEVELOPMENTAL DISABILITIES WITHIN ONE HUNDRED EIGHTY DAYS OF THE CENTERS
FOR  MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE STATE'S 1915(B)/(C)
HCBS WAIVER APPLICATION.
  S 2. This act shall take effect immediately.

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