NY State Senate Bill 2015-S6767B

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 08, 2016	amended on third reading 6767b
Jun 02, 2016	amended on third reading (t) 6767a
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal.
May 04, 2016	1st report cal.673
Feb 18, 2016	referred to health

Votes

- May 4, 2016 - Health Committee Vote
  S6767B
  
  Aye
  
  16
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Health Committee Vote: May 4, 2016
      
      aye (16)
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Rivera
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (1)
      
      Seward

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S6767 - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §41.59, Ment Hyg L

2015-S6767 - Summary

Enacts the "fair access to individualized residences (FAIR) act" to provide for family caregiver assessments for developmentally disabled persons living at home, who are on the residential request list maintained by the office for people with developmental disabilities.

2015-S6767 - Sponsor Memo

                                 BILL NUMBER:  S6767

 TITLE OF BILL :

An act to amend the public health law, in relation to enacting the
"fair access to individualized residences (FAIR) act"

 PURPOSE :

To direct the state to develop and implement a clear, consistent and
uniform policy for ensuring that priority for residential placements
of individuals with developmental disabilities includes individuals
who can no longer be cared for safely by their families

 SUMMARY OF PROVISIONS :

Section 1 of the bill provides a legislative intent.

Section 2 establishes that the law shall be known as the FAIR ACT
(Fair Access to Individualized Residences).

Section 3 adds a new section 207-a to the public health law
establishing a priority placement process for certain developmental
disabled persons.

Sections 4 and 5 require the Commissioners of Health and Developmental

Disabilities to implement the provisions of the act within 120 of the
effective date which shall be immediately.

 JUSTIFICATION :

In the face of insufficient resources for residential development the
waitlist for people with developmental disabilities in need of out of
home residential placement has grown to crisis proportions. Further
budget resources are heavily focused on the placement of people
considered "special populations," rather than people who have lived at
home with family their entire life.

In fact, approximately 25% of the people with developmental
disabilities that reside with family caregivers are living with
caregivers over the age of 60. (SOURCE: Braddock, Hemp, Rizzolo,
Tanis, Haffer, & Wu. (2015). State of the States in Developmental
Disabilities: Emerging from the Great Recession. Boulder/Chicago:
Universities of Colorado & Illinois). This translates to approximately
50,000 New Yorkers. Due to the increasing age related disabilities of
their family caregivers, particularly elderly parents, many are living
under circumstances often significantly more difficult than persons
designated as special population. Their family caregivers have
provided extensive supports which have reduced the need for government
expenditures over many years. That contribution must be recognized as
part of a process that allocates placements based on individual need
rather than an individual's designation as the member of a particular
class of people.

In view of the urgency of the waiting list crisis and resource
limitations, it is imperative that the State develop a clear, open and
transparent policy for ensuring that placements go to those
individuals who are most in need. This must take into account the
circumstances of family caregivers including age, disability and the
means to continue to support their loved on at home.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :
None to state.

 EFFECTIVE DATE :
Immediately and the Commissioners shall implement the provisions of
the act within 120 of the effective date.

2015-S6767 - Bill Text download pdf

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

                                  6767

                            I N  S E N A T E

                            February 18, 2016
                               ___________

Introduced  by Sens. HANNON, ORTT -- 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 enacting the "fair
  access to individualized residences (FAIR) act"

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

  Section  1. Legislative intent. The legislature hereby finds that many
parents and family members of  developmentally  disabled  children  have
cared  for  their  loved  ones  for decades and now many of these family
caregivers are elderly with their own age related disabilities. Increas-
ingly, they can no longer manage the challenge of caring  for  an  adult
child  who  may  have significant and challenging emotional and physical
needs. In fact, estimates are that approximately 25% of  developmentally
disabled  New  Yorkers,  or  approximately 50,000 individuals, live with
family caregivers who are over the age of 60.  Many of these adult chil-
dren need or will soon need  out  of  home  residential  placements  for
living  situations  which are increasingly untenable. This situation has
reached crisis proportions. Complicating matters is the fact that  there
is  a  shortage  of residential placements and the process for providing
those placements to those most in need is not transparent, consistent or
uniform across the state. Residential  placements  are  not  necessarily
allocated  based on need. Nor does such allocation take into account the
viability of an individual's current residential situation or any recog-
nition of the long-standing contribution and sacrifice family caregivers
have made caring for their loved ones at home at considerable savings to
the state. Instead, placements are often allocated based on an  individ-
ual's  designation  as  a member of a particular class or "special popu-
lation" of people with developmental disabilities.
  Therefore, the state must develop and implement  a  clear,  consistent
and  uniform  policy for ensuring that placements go to individuals most
in need. This must include recognition of the viability of  an  individ-
ual's  living situation with a family caregiver as well as the sacrifice
that many of these caregivers have made for years or even decades. Fami-
lies must regain the confidence that the means will exist so that  their

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

                                                           LBD14046-03-6

S. 6767                             2

children will receive care even when they can no longer provide it.  The
legislature  finds  that  the  adoption of this act is an important step
toward making this commitment a reality.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"fair access to individualized residences (FAIR) act".
  S 3. The public health law is amended by adding a new section 207-a to
read as follows:
  S 207-A. PRIORITY PLACEMENT PROCESS FOR CERTAIN DEVELOPMENTALLY  DISA-
BLED  PERSONS.  THE  COMMISSIONER  AND THE COMMISSIONER OF DEVELOPMENTAL
DISABILITIES SHALL, IN COOPERATION WITH  INTERESTED  PARTIES  INCLUDING,
BUT  NOT LIMITED TO, FAMILY MEMBERS, SELF-ADVOCATES, PROVIDERS AND STATE
OFFICIALS, DEVELOP A STATEWIDE,  UNIFORM  AND  TRANSPARENT  PROCESS  FOR
ASSIGNING OUT OF HOME RESIDENTIAL PLACEMENTS OF DEVELOPMENTALLY DISABLED
PERSONS  ON  A  PRIORITY  BASIS. THE PROCESS SHALL INCLUDE THE FOLLOWING
CRITERIA:
  1. THE EXTENT OF AN INDIVIDUAL'S DISABILITY AS MEASURED BY  A  UNIFORM
AND RECOGNIZED ASSESSMENT METHODOLOGY;
  2.  THE  NATURE  OF THE INDIVIDUAL'S LIVING SITUATION WHICH SHALL TAKE
INTO ACCOUNT THE AGE AND HEALTH OF FAMILY  CAREGIVERS,  THE  ABILITY  OF
FAMILY CAREGIVERS TO CONTINUE TO PROVIDE CARE, THE LENGTH OF TIME FAMILY
CAREGIVERS HAVE CARED FOR THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES
AT  HOME,  THE INABILITY OF FAMILY CAREGIVERS TO MANAGE THE INDIVIDUAL'S
NEEDS, INCLUDING BEHAVIORAL NEEDS, THE LIKELIHOOD THE FAMILY  CAREGIVERS
WILL  OR MUST ALTER THEIR LIVING SITUATION SO THAT CONTINUING CARE IS NO
LONGER PRACTICAL, AND OTHER FACTORS RELATING TO THE  ABILITY  OF  FAMILY
CAREGIVERS TO CONTINUE TO PROVIDE CARE; AND
  3.  WHETHER  AN  INDIVIDUAL IS CATEGORIZED FOR PLACEMENT PURPOSES AS A
PRIORITY ONE INDIVIDUAL AS DEFINED IN THE  STATE'S  HOME  AND  COMMUNITY
BASED  SERVICES WAIVER APPLICATION.  INDIVIDUALS SHALL NOT AUTOMATICALLY
BE DESIGNATED PRIORITY ONE BASED SOLELY ON  THEIR  STATUS  AS  A  PERSON
BELONGING TO A "SPECIAL POPULATION." HOWEVER, IN THE EVENT THAT A DEVEL-
OPMENTAL  DISABILITIES  REGIONAL  OFFICE  HAS  DETERMINED  THAT A PERSON
DESIGNATED AS A MEMBER OF A "SPECIAL POPULATION," AND THAT  SUCH  PERSON
MEETS  THE  CRITERIA  FOR PRIORITY ONE, AND THAT AN EMERGENCY EXISTS, AS
DEFINED BY SUCH WAIVER; THE DEVELOPMENTAL DISABILITIES  REGIONAL  OFFICE
MAY  MAKE  A REFERRAL TO A PROVIDER FOR AN EVALUATION AND PLACEMENT. THE
DEPARTMENT, IN CONSULTATION WITH THE OFFICE  FOR  PEOPLE  WITH  DEVELOP-
MENTAL  DISABILITIES, SHALL SEEK ANY NECESSARY AMENDMENTS TO THE STATE'S
HOME AND COMMUNITY BASED SERVICES WAIVER APPLICATION TO  EFFECTUATE  THE
PURPOSES OF THIS SECTION.
  S  4. The commissioner of health and the commissioner of developmental
disabilities shall implement the provisions of this act within 120  days
of the effective date thereof.
  S 5. This act shall take effect immediately.

co-Sponsors

2015-S6767A - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §41.59, Ment Hyg L

2015-S6767A - Summary

2015-S6767A - Sponsor Memo

                                 BILL NUMBER:  S6767A

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to enacting the "fair access to individualized residences (FAIR) act"

 PURPOSE :

To direct the state to develop and implement a caregiver assessment
for ensuring that priority for residential placements of individuals
with developmental disabilities includes individuals who can no longer
be cared for safely by their families

 SUMMARY OF PROVISIONS :

Section 1 of the bill provides a legislative intent.

Section 2 establishes that the law shall be known as the FAIR ACT
(Fair Access to Individualized Residences).

Section 3 adds a new section 41.59 to the mental hygiene law
establishing a caregiver assessment for ensuring priority placement
process for certain developmental disabled persons.

Sections 4 the effective date.

 JUSTIFICATION :

In the face of insufficient resources for residential development the
waitlist for people with developmental disabilities in need of out of
home residential placement has grown to crisis proportions. Further
budget resources are heavily focused on the placement of people
considered "special populations," rather than people who have lived at
home with family their entire life.

In fact, approximately 25% of the people with developmental
disabilities that reside with family caregivers are living with
caregivers over the age of 60. (SOURCE: Braddock, Hemp, Rizzolo,
Tanis, Haffer, & Wu. (2015). State of the States in Developmental
Disabilities: Emerging from the Great Recession. Boulder/Chicago:
Universities of Colorado & Illinois). This translates to approximately
50,000 New Yorkers. Due to the increasing age related disabilities of
their family caregivers, particularly elderly parents, many are living
under circumstances often significantly more difficult than persons
designated as special population. Their family caregivers have
provided extensive supports which have reduced the need for government
expenditures over many years. That contribution must be recognized as
part of a process that allocates placements based on individual need
rather than an individual's designation as the member of a particular
class of people.

In view of the urgency of the waiting list crisis and resource
limitations, it is imperative that the State develop a caregiver
assessment process for ensuring that placements go to those
individuals who are most in need. This must take into account the
circumstances of family caregivers including age, disability and the
means to continue to support their loved on at home.

This bill directs the commissioner to develop an assessment process in
consultation with the developmental disabilities advisory council and
other interested parties and provides time from for the assessments to
be performed upon request of a caregiver or individual, including time
frames for decisions and appeals of those decisions.

 LEGISLATIVE HISTORY :

New Bill
 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
Immediately and the Commissioners shall adopt any rules or regulations
necessary to implement the provisions of this act to take effect by
March 1, 2017.

2015-S6767A - Bill Text download pdf

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

                                 6767--A
    Cal. No. 673

                            I N  S E N A T E

                            February 18, 2016
                               ___________

Introduced  by  Sens.  HANNON,  ORTT,  MURPHY  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the mental hygiene law,  in  relation  to  enacting  the
  "fair access to individualized residences (FAIR) act"

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

  Section 1. Legislative intent. The legislature hereby finds that  many
parents  and  family  members  of developmentally disabled children have
cared for their loved ones for decades and  now  many  of  these  family
caregivers are elderly with their own age related disabilities. Increas-
ingly,  they  can  no longer manage the challenge of caring for an adult
child who may have significant and challenging  emotional  and  physical
needs.  In fact, estimates are that approximately 25% of developmentally
disabled New Yorkers, or approximately  50,000  individuals,  live  with
family caregivers who are over the age of 60.  Many of these adult chil-
dren  need  or  will  soon  need  out of home residential placements for
living situations which are increasingly untenable. This  situation  has
reached  crisis proportions. Complicating matters is the fact that there
is a shortage of residential placements and the  process  for  providing
those placements to those most in need is not transparent, consistent or
uniform  across  the  state.  Residential placements are not necessarily
allocated based on need. Nor does such allocation take into account  the
viability of an individual's current residential situation or any recog-
nition of the long-standing contribution and sacrifice family caregivers
have made caring for their loved ones at home at considerable savings to
the  state. Instead, placements are often allocated based on an individ-
ual's designation as a member of a particular class  or  "special  popu-
lation" of people with developmental disabilities.
  Therefore, the state must develop and implement a caregiver assessment
for  ensuring  that placements go to individuals most in need. This must
include recognition of the viability of an individual's living situation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14046-04-6

S. 6767--A                          2

with a family caregiver as well as the  sacrifice  that  many  of  these
caregivers have made for years or even decades. Families must regain the
confidence that the means will exist so that their children will receive
care  even  when  they  can no longer provide it.  The legislature finds
that the adoption of this act is an important step  toward  making  this
commitment a reality.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"fair access to individualized residences (FAIR) act".
  S 3.  The mental hygiene law is amended by adding a new section  41.59
to read as follows:
S 41.59 FAMILY CAREGIVER ASSESSMENTS.
  1.  FOR  INDIVIDUALS  WITH DEVELOPMENTAL DISABILITIES WHO LIVE AT HOME
AND WHO ARE ON A WAITING LIST FOR OUT OF HOME RESIDENTIAL SERVICES MAIN-
TAINED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  THERE
SHALL  BE  PERFORMED A FAMILY CAREGIVER ASSESSMENT IF A REQUEST FOR SUCH
ASSESSMENT HAS BEEN MADE BY THE CAREGIVER OF SUCH AN INDIVIDUAL.    SUCH
REQUEST  MAY  ALSO BE MADE, WITH THE APPROVAL OF THE CAREGIVER OR PERSON
WITH DEVELOPMENTAL DISABILITIES, BY A PROVIDER  OF  SERVICES  TO  PEOPLE
WITH  DEVELOPMENTAL  DISABILITIES  OR  AN  INDIVIDUAL  FAMILIAR WITH THE
PERSON WITH DEVELOPMENTAL DISABILITIES WHO IS  ALSO  FAMILIAR  WITH  THE
INDIVIDUAL'S LIVING SITUATION.
  (A)  THE  COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL PERFORM THE
CAREGIVER ASSESSMENT WITHIN THIRTY DAYS FOLLOWING THE DATE ON WHICH  THE
REQUEST  FOR THE ASSESSMENT WAS RECEIVED BY SUCH COMMISSIONER IN ACCORD-
ANCE WITH PROCEDURES PRESCRIBED BY THE COMMISSIONER.
  (B) THE PERFORMANCE OF SUCH ASSESSMENT SHALL NOT PRECLUDE FURTHER SUCH
ASSESSMENTS WHICH MAY OCCUR AT SUCH INTERVALS AND UNDER SUCH  CONDITIONS
AS PRESCRIBED BY THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES.
  (C)  THE  COMMISSIONER  OF  DEVELOPMENTAL DISABILITIES SHALL PRESCRIBE
THROUGH REGULATIONS A PROCEDURE FOR AUTHORIZING AN ASSESSMENT IF  IT  IS
NOT  POSSIBLE  FOR  A CAREGIVER TO REQUEST AN ASSESSMENT OR TO AUTHORIZE
ANOTHER PARTY TO REQUEST AN ASSESSMENT ON BEHALF OF THE CAREGIVER.
  2. WITH RESPECT TO A PERSON WITH DEVELOPMENTAL DISABILITIES LIVING  AT
HOME  WITH  A FAMILY CAREGIVER, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES SHALL CONDUCT A CAREGIVER ASSESSMENT WHICH SHALL  EVALUATE:
(A)  THE  OVERALL  NATURE  OF  THE INDIVIDUAL'S LIVING SITUATION AND THE
POTENTIAL FOR ABUSE OR INJURY TO THE CAREGIVER OR TO THE INDIVIDUAL WITH
DEVELOPMENTAL DISABILITIES; (B)  THE  AGE  AND  PHYSICAL  AND  EMOTIONAL
HEALTH  AND/OR  ABILITY  OF  THE FAMILY CAREGIVER TO CONTINUE TO PROVIDE
SAFE AND CONSISTENT CARE; (C) THE  HISTORICAL  CONTRIBUTION  THE  FAMILY
CAREGIVER HAS MADE TO CARING FOR THE INDIVIDUAL WITH DEVELOPMENTAL DISA-
BILITIES,  INCLUDING,  BUT NOT LIMITED TO, THE LENGTH OF TIME THE FAMILY
CAREGIVER HAS CARED FOR SUCH INDIVIDUAL; (D) THE ABILITY OF  THE  FAMILY
CAREGIVER  TO  SAFELY MANAGE THE INDIVIDUAL'S NEEDS INCLUDING BEHAVIORAL
NEEDS; (E) THE LIKELIHOOD THE FAMILY CAREGIVER MUST OR WILL ALTER HIS OR
HER LIVING SITUATION SUCH THAT CONTINUED CARE WILL NO LONGER BE  PRACTI-
CAL; (F) THE HEALTH OF THE FAMILY CAREGIVER AND ABILITY TO PERFORM DAILY
LIVING  SKILLS  AND  TO CONTINUE TO PROVIDE CONSISTENT CARE; AND (G) ANY
OTHER FACTORS CRITICAL TO THE CONTINUED SAFETY AND SECURITY OF BOTH  THE
CAREGIVER AND THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES.
  3.  A FAMILY CAREGIVER ASSESSMENT SHALL, ACCORDING TO STANDARDS DEVEL-
OPED BY THE COMMISSIONER OF  DEVELOPMENTAL  DISABILITIES,  RESULT  IN  A
DETERMINATION  BY  SUCH  COMMISSIONER  AS TO WHETHER THE INDIVIDUAL WITH
DEVELOPMENTAL DISABILITIES REPRESENTS A CURRENT NEED,  SUBSTANTIAL  NEED
OR EMERGENCY NEED AS DEFINED BY THE COMMISSIONER. THE COMMISSIONER SHALL
PROVIDE AN EXPLANATION OF SUCH DETERMINATION TO THE FAMILY CAREGIVER AND

S. 6767--A                          3

THE  PERSON  WITH  DEVELOPMENTAL  DISABILITIES WITHIN THIRTY DAYS OF THE
COMPLETION OF THE ASSESSMENT ACCORDING TO PROCEDURES PRESCRIBED  BY  THE
COMMISSIONER OF DEVELOPMENTAL DISABILITIES.
  4.  IN  THE EVENT THAT THE FAMILY CAREGIVER ASSESSMENT DETERMINES THAT
THERE IS AN EMERGENCY NEED, THE INDIVIDUAL WITH DEVELOPMENTAL  DISABILI-
TIES  SHALL  BE  ELIGIBLE  FOR  IMMEDIATE  OUT OF HOME PLACEMENT INTO AN
APPROPRIATE RESIDENTIAL SETTING OR, AT THE REQUEST OF THE  FAMILY  CARE-
GIVER, APPROPRIATE AND ADEQUATE IN-HOME SERVICES AND SUPPORTS.
  5.  IF  THE CAREGIVER OR PERSON WITH A DEVELOPMENTAL DISABILITY IS NOT
SATISFIED WITH THE COMMISSIONER'S DECISION PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, SUCH PERSON MAY APPEAL SUCH DECISION WITHIN TEN DAYS TO
THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, WHO WILL ISSUE  A  FINAL
WRITTEN DECISION WITHIN FOURTEEN DAYS OF THE APPEAL. THE COMMISSIONER AT
HIS  OR HER DISCRETION MAY SEND THE MATTER BACK TO A HEARING OFFICER FOR
FURTHER REVIEW UNDER SUCH TERMS AS SUCH COMMISSIONER SHALL PRESCRIBE.
  DURING THE PERIOD  THAT  AN  OBJECTION  IS  UNDERGOING  ADMINISTRATIVE
REVIEW: (A) A PERSON SHALL PARTICIPATE IN PROGRAMMING MUTUALLY AGREEABLE
TO  THE  OBJECTING PARTY, THE AGENCY, THE PERSON, AND HIS OR HER PARENT,
GUARDIAN, CORRESPONDENT OR ADVOCATE; (B) EVERY EFFORT FEASIBLE SHALL  BE
MADE  TO  MAINTAIN  THE  PERSON  IN AT LEAST HIS OR HER CURRENT LEVEL OF
PROGRAMMING; AND (C) IN ORDER TO PROTECT A PERSON'S  HEALTH,  SAFETY  OR
WELFARE,  OR  THE  HEALTH,  SAFETY OR WELFARE OF OTHERS, NOTHING IN THIS
SECTION SHALL PRECLUDE A CHANGE IN PROGRAMMING FOR, OR THE RELOCATION OR
DISCHARGE OF A PERSON. HOWEVER,  WHILE  AN  OBJECTION  TO  PLACEMENT  OR
DISCHARGE  IS  UNDERGOING ADMINISTRATIVE REVIEW, RELOCATION OR DISCHARGE
SHALL ONLY TAKE PLACE WITH THE COMMISSIONER'S APPROVAL.
  6. THE ABSENCE OF A CAREGIVER ASSESSMENT SHALL NOT PRECLUDE  AN  INDI-
VIDUAL  LIVING  AT HOME FROM RECEIVING AN OUT OF HOME RESIDENTIAL PLACE-
MENT OR ANY OTHER SERVICES.
  7. THE ASSESSMENT PURSUANT TO THIS SECTION AND OTHER MATTERS NECESSARY
TO IMPLEMENT THIS SECTION SHALL BE  DEVELOPED  BY  THE  COMMISSIONER  OF
DEVELOPMENTAL DISABILITIES, IN CONSULTATION WITH THE DEVELOPMENTAL DISA-
BILITIES, ADVISORY COUNCIL ESTABLISHED PURSUANT TO SECTION 13.05 OF THIS
CHAPTER,  AND  SUCH  OTHER  INTERESTED PARTIES AS THE COMMISSIONER DEEMS
APPROPRIATE.
  S 4. This act shall take effect immediately, and any rules  and  regu-
lations  necessary  to  implement  the  provisions  of this act shall be
adopted before and take effect on March 1, 2017.

co-Sponsors

2015-S6767B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §41.59, Ment Hyg L

2015-S6767B (ACTIVE) - Summary

2015-S6767B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6767B

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to enacting the "fair access to individualized residences (FAIR) act"

 PURPOSE :

To direct the state to develop and implement a clear, consistent and
uniform policy for ensuring that priority for residential placements
of individuals with developmental disabilities includes individuals
who can no longer be cared for safely by their families

 SUMMARY OF PROVISIONS :

Section 1 of the bill provides a legislative intent.

Section 2 establishes that the law shall be known as the FAIR ACT
(Fair Access to Individualized Residences).

Section 3 adds a new section 41.59 to the mental hygiene law
establishing a caregiver assessment for ensuring priority placement
process for certain developmental disabled persons.

Sections 4 and 5 require the Commissioners of Health and Developmental
Disabilities to implement the provisions of the act within 120 of the
effective date which shall be immediately.

 JUSTIFICATION :

In the face of insufficient resources for residential development the
waitlist for people with developmental disabilities in need of out of
home residential placement has grown to crisis proportions. Further
budget resources are heavily focused on the placement of people
considered "special populations," rather than people who have lived at
home with family their entire life.

In fact, approximately 25% of the people with developmental
disabilities that reside with family caregivers are living with
caregivers over the age of 60. (SOURCE: Braddock, Hemp, Rizzolo,
Tanis, Haffer, & Wu. (2015). State of the States in Developmental
Disabilities: Emerging from the Great Recession. Boulder/Chicago:
Universities of Colorado & Illinois). This translates to approximately
50,000 New Yorkers. Due to the increasing age related disabilities of
their family caregivers, particularly elderly parents, many are living
under circumstances often significantly more difficult than persons
designated as special population. Their family caregivers have
provided extensive supports which have reduced the need for government
expenditures over many years. That contribution must be recognized as
part of a process that allocates placements based on individual need
rather than an individual's designation as the member of a particular
class of people.

In view of the urgency of the waiting list crisis and resource
limitations, it is imperative that the State develop a clear, open and
transparent policy for ensuring that placements go to those
individuals who are most in need. This must take into account the
circumstances of family caregivers including age, disability and the
means to continue to support their loved on at home.

This bill directs the commissioner to develop an assessment process in
consultation with the developmental disabilities advisory council and
other interested parties and provides time from for the assessments to
be performed upon request of a caregiver or individual, including time
frames for decisions and appeals of those decisions.

 LEGISLATIVE HISTORY :
New Bill

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
Immediately and the Commissioners shall implement the provisions of
the act within 120 of the effective date.

2015-S6767B (ACTIVE) - Bill Text download pdf

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

                                 6767--B
    Cal. No. 673

                            I N  S E N A T E

                            February 18, 2016
                               ___________

Introduced  by  Sens.  HANNON,  ORTT,  MURPHY  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the mental hygiene law,  in  relation  to  enacting  the
  "fair access to individualized residences (FAIR) act"

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

  Section 1. Legislative intent. The legislature hereby finds that  many
parents  and  family  members  of developmentally disabled children have
cared for their loved ones for decades and  now  many  of  these  family
caregivers are elderly with their own age related disabilities. Increas-
ingly,  they  can  no longer manage the challenge of caring for an adult
child who may have significant and challenging  emotional  and  physical
needs.  In fact, estimates are that approximately 25% of developmentally
disabled New Yorkers, or approximately  50,000  individuals,  live  with
family caregivers who are over the age of 60.  Many of these adult chil-
dren  need  or  will  soon  need  out of home residential placements for
living situations which are increasingly untenable. This  situation  has
reached  crisis proportions. Complicating matters is the fact that there
is a shortage of residential placements and the  process  for  providing
those placements to those most in need is not transparent, consistent or
uniform  across  the  state.  Residential placements are not necessarily
allocated based on need. Nor does such allocation take into account  the
viability of an individual's current residential situation or any recog-
nition of the long-standing contribution and sacrifice family caregivers
have made caring for their loved ones at home at considerable savings to
the  state. Instead, placements are often allocated based on an individ-
ual's designation as a member of a particular class  or  "special  popu-
lation" of people with developmental disabilities.
  Therefore, the state must develop and implement a caregiver assessment
for  ensuring  that placements go to individuals most in need. This must

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14046-06-6

S. 6767--B                          2

include recognition of the viability of an individual's living situation
with a family caregiver as well as the  sacrifice  that  many  of  these
caregivers have made for years or even decades. Families must regain the
confidence that the means will exist so that their children will receive
care  even  when  they  can no longer provide it.  The legislature finds
that the adoption of this act is an important step  toward  making  this
commitment a reality.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"fair access to individualized residences (FAIR) act".
  S 3.  The mental hygiene law is amended by adding a new section  41.59
to read as follows:
S 41.59 FAMILY CAREGIVER ASSESSMENTS.
  1.  FOR  INDIVIDUALS  WITH DEVELOPMENTAL DISABILITIES WHO LIVE AT HOME
AND WHO ARE ON THE RESIDENTIAL REQUEST LIST MAINTAINED BY THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, THERE SHALL BE PERFORMED A FAMI-
LY CAREGIVER ASSESSMENT IF A REQUEST FOR SUCH ASSESSMENT HAS  BEEN  MADE
BY  THE CAREGIVER OF SUCH AN INDIVIDUAL.  SUCH REQUEST MAY ALSO BE MADE,
WITH THE APPROVAL OF THE CAREGIVER OR PERSON WITH DEVELOPMENTAL DISABIL-
ITIES, BY A PROVIDER OF SERVICES TO PEOPLE WITH DEVELOPMENTAL  DISABILI-
TIES  OR AN INDIVIDUAL FAMILIAR WITH THE PERSON WITH DEVELOPMENTAL DISA-
BILITIES WHO IS ALSO FAMILIAR WITH THE INDIVIDUAL'S LIVING SITUATION.
  (A) THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL  PERFORM  THE
CAREGIVER  ASSESSMENT WITHIN THIRTY DAYS FOLLOWING THE DATE ON WHICH THE
REQUEST FOR THE ASSESSMENT WAS RECEIVED BY SUCH COMMISSIONER IN  ACCORD-
ANCE WITH PROCEDURES PRESCRIBED BY THE COMMISSIONER.
  (B) THE PERFORMANCE OF SUCH ASSESSMENT SHALL NOT PRECLUDE FURTHER SUCH
ASSESSMENTS  WHICH MAY OCCUR AT SUCH INTERVALS AND UNDER SUCH CONDITIONS
AS PRESCRIBED BY THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES.
  (C) THE COMMISSIONER OF  DEVELOPMENTAL  DISABILITIES  SHALL  PRESCRIBE
THROUGH  REGULATIONS  A PROCEDURE FOR AUTHORIZING AN ASSESSMENT IF IT IS
NOT POSSIBLE FOR A CAREGIVER TO REQUEST AN ASSESSMENT  OR  TO  AUTHORIZE
ANOTHER PARTY TO REQUEST AN ASSESSMENT ON BEHALF OF THE CAREGIVER.
  2.  WITH RESPECT TO A PERSON WITH DEVELOPMENTAL DISABILITIES LIVING AT
HOME WITH A FAMILY CAREGIVER, THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL
DISABILITIES  SHALL CONDUCT A CAREGIVER ASSESSMENT WHICH SHALL EVALUATE:
(A) THE OVERALL NATURE OF THE  INDIVIDUAL'S  LIVING  SITUATION  AND  THE
POTENTIAL FOR ABUSE OR INJURY TO THE CAREGIVER OR TO THE INDIVIDUAL WITH
DEVELOPMENTAL  DISABILITIES;  (B)  THE  AGE  AND  PHYSICAL AND EMOTIONAL
HEALTH AND/OR ABILITY OF THE FAMILY CAREGIVER  TO  CONTINUE  TO  PROVIDE
SAFE  AND  CONSISTENT  CARE;  (C) THE HISTORICAL CONTRIBUTION THE FAMILY
CAREGIVER HAS MADE TO CARING FOR THE INDIVIDUAL WITH DEVELOPMENTAL DISA-
BILITIES, INCLUDING, BUT NOT LIMITED TO, THE LENGTH OF TIME  THE  FAMILY
CAREGIVER  HAS  CARED FOR SUCH INDIVIDUAL; (D) THE ABILITY OF THE FAMILY
CAREGIVER TO SAFELY MANAGE THE INDIVIDUAL'S NEEDS  INCLUDING  BEHAVIORAL
NEEDS; (E) THE LIKELIHOOD THE FAMILY CAREGIVER MUST OR WILL ALTER HIS OR
HER  LIVING SITUATION SUCH THAT CONTINUED CARE WILL NO LONGER BE PRACTI-
CAL; (F) THE HEALTH OF THE FAMILY CAREGIVER AND ABILITY TO PERFORM DAILY
LIVING SKILLS AND TO CONTINUE TO PROVIDE CONSISTENT CARE;  AND  (G)  ANY
OTHER  FACTORS CRITICAL TO THE CONTINUED SAFETY AND SECURITY OF BOTH THE
CAREGIVER AND THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES.
  3. A FAMILY CAREGIVER ASSESSMENT SHALL, ACCORDING TO STANDARDS  DEVEL-
OPED  BY  THE  COMMISSIONER  OF  DEVELOPMENTAL DISABILITIES, RESULT IN A
DETERMINATION BY SUCH COMMISSIONER AS TO  WHETHER  THE  INDIVIDUAL  WITH
DEVELOPMENTAL  DISABILITIES  REPRESENTS A CURRENT NEED, SUBSTANTIAL NEED
OR EMERGENCY NEED AS DEFINED BY THE COMMISSIONER. THE COMMISSIONER SHALL
PROVIDE AN EXPLANATION OF SUCH DETERMINATION TO THE FAMILY CAREGIVER AND

S. 6767--B                          3

THE PERSON WITH DEVELOPMENTAL DISABILITIES WITHIN  THIRTY  DAYS  OF  THE
COMPLETION  OF  THE ASSESSMENT ACCORDING TO PROCEDURES PRESCRIBED BY THE
COMMISSIONER OF DEVELOPMENTAL DISABILITIES.
  4.  IN  THE EVENT THAT THE FAMILY CAREGIVER ASSESSMENT DETERMINES THAT
THERE IS AN EMERGENCY NEED, THE INDIVIDUAL WITH DEVELOPMENTAL  DISABILI-
TIES  SHALL  BE  ELIGIBLE  FOR  IMMEDIATE  OUT OF HOME PLACEMENT INTO AN
APPROPRIATE RESIDENTIAL SETTING OR, AT THE REQUEST OF THE  FAMILY  CARE-
GIVER, APPROPRIATE AND ADEQUATE IN-HOME SERVICES AND SUPPORTS.
  5.  IF  THE CAREGIVER OR PERSON WITH A DEVELOPMENTAL DISABILITY IS NOT
SATISFIED WITH THE COMMISSIONER'S DECISION PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, SUCH PERSON MAY APPEAL SUCH DECISION WITHIN TEN DAYS TO
THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, WHO WILL ISSUE  A  FINAL
WRITTEN DECISION WITHIN FOURTEEN DAYS OF THE APPEAL. THE COMMISSIONER AT
HIS  OR HER DISCRETION MAY SEND THE MATTER BACK TO A HEARING OFFICER FOR
FURTHER REVIEW UNDER SUCH TERMS AS SUCH COMMISSIONER SHALL PRESCRIBE.
  DURING THE PERIOD  THAT  AN  OBJECTION  IS  UNDERGOING  ADMINISTRATIVE
REVIEW: (A) A PERSON SHALL PARTICIPATE IN PROGRAMMING MUTUALLY AGREEABLE
TO  THE  OBJECTING PARTY, THE AGENCY, THE PERSON, AND HIS OR HER PARENT,
GUARDIAN, CORRESPONDENT OR ADVOCATE; (B) EVERY EFFORT FEASIBLE SHALL  BE
MADE  TO  MAINTAIN  THE  PERSON  IN AT LEAST HIS OR HER CURRENT LEVEL OF
PROGRAMMING; AND (C) IN ORDER TO PROTECT A PERSON'S  HEALTH,  SAFETY  OR
WELFARE,  OR  THE  HEALTH,  SAFETY OR WELFARE OF OTHERS, NOTHING IN THIS
SECTION SHALL PRECLUDE A CHANGE IN PROGRAMMING FOR, OR THE RELOCATION OR
DISCHARGE OF A PERSON. HOWEVER,  WHILE  AN  OBJECTION  TO  PLACEMENT  OR
DISCHARGE  IS  UNDERGOING ADMINISTRATIVE REVIEW, RELOCATION OR DISCHARGE
SHALL ONLY TAKE PLACE WITH THE COMMISSIONER'S APPROVAL.
  6. THE ABSENCE OF A CAREGIVER ASSESSMENT SHALL NOT PRECLUDE  AN  INDI-
VIDUAL  LIVING  AT HOME FROM RECEIVING AN OUT OF HOME RESIDENTIAL PLACE-
MENT OR ANY OTHER SERVICES.
  7. THE ASSESSMENT PURSUANT TO THIS SECTION AND OTHER MATTERS NECESSARY
TO IMPLEMENT THIS SECTION SHALL BE  DEVELOPED  BY  THE  COMMISSIONER  OF
DEVELOPMENTAL DISABILITIES, IN CONSULTATION WITH THE DEVELOPMENTAL DISA-
BILITIES, ADVISORY COUNCIL ESTABLISHED PURSUANT TO SECTION 13.05 OF THIS
CHAPTER,  AND  SUCH  OTHER  INTERESTED PARTIES AS THE COMMISSIONER DEEMS
APPROPRIATE.
  S 4. This act shall take effect immediately, and any rules  and  regu-
lations  necessary  to  implement  the  provisions  of this act shall be
adopted before and take effect on March 1, 2017.

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Senate Bill S6767B

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Kemp Hannon

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