S T A T E   O F   N E W   Y O R K
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                                  8476

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. ORTIZ, WEPRIN, HOOPER, WALTER -- Multi-Sponsored
  by -- M. of A.  COOK, CUSICK -- read once and referred to the  Commit-
  tee on Mental Health

AN  ACT  to  amend  the mental hygiene law, in relation to requiring the
  office for people with developmental disabilities to submit an updated
  waitlist and placement report to the senate and assembly

  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
13.28 to read as follows:
S 13.28 OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES;  RESIDENTIAL
          WAITLIST AND PLACEMENT REPORT.
  THE  OFFICE SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND
EVERY SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT REPORT TO
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
INCLUDING THE FOLLOWING INFORMATION:
  (A)  WAITLIST INFORMATION. SUCH WAITLIST INFORMATION SHALL INCLUDE THE
STATEWIDE NUMBER OF INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO  THE
TOTAL  NUMBER  OF  INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY
SERVICES OFFICE'S GEOGRAPHIC AREA WHO AWAIT  RESIDENTIAL  PLACEMENT  AND
ARE EXPECTED TO REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFOR-
MATION  SHALL BE GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT
AND THE AGE OF THEIR CAREGIVER, IF  ANY.  SUCH  INFORMATION  SHALL  ALSO
INCLUDE:
  1.  THE  TYPE  OF  PLACEMENT  SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE
DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL  REQUIRING  INTENSIVE
MEDICAL CARE;
  2.  NON-CERTIFIED  RESIDENTIAL  PLACEMENT  OUTSIDE  OF THE PARENT'S OR
PARENTS' OR OTHER CAREGIVER'S HOME; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03221-01-5

              

A. 8476                             2

  3. THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE  HOME  AND  COMMUNITY
BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
  (B) PLACEMENT INFORMATION. SUCH PLACEMENT INFORMATION SHALL INCLUDE:
  1.  THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE SETTINGS
LISTED IN PARAGRAPHS ONE, TWO AND  THREE  OF  SUBDIVISION  (A)  OF  THIS
SECTION  DURING  THE  SIX  MONTHS  PRECEDING  THE DATE OF RELEASE OF THE
REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
  2. THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE  WAIT-
LIST,  PLACED  WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO
AND THREE OF SUBDIVISION (A) OF  THIS  SECTION  DURING  THE  SIX  MONTHS
PRECEDING  THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO SUBDI-
VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
  (C) THE COMMISSIONER SHALL REPORT THE NUMBER OF  INDIVIDUALS  WHO  ARE
CURRENTLY  PLACED  IN  A RESIDENTIAL PROGRAM, WHOSE CURRENT LIVING SITU-
ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
  1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
  2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
(A) OF THIS SECTION; AND
  3. THE NUMBER OF CHILDREN IN RESIDENTIAL PLACEMENTS  EXPECTED  TO  AGE
OUT  OF  SUCH  PLACEMENTS  WITHIN  A YEAR AND PLANS FOR CONTINUING THEIR
PLACEMENTS AS ADULTS;
  (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
FOR AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR  PARENT
OR  GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD PRECEDING
THE DATE OF RELEASE OF A REPORT, WITH CATEGORICAL  DESCRIPTIONS  OF  THE
REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
SITUATION;
  (E)  THE  COST  OF  PLACEMENTS  MADE  DURING THE PERIOD OF SUCH REPORT
DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
  (F) THE APPROPRIATION AUTHORITY USED TO FUND  PLACEMENTS  MADE  DURING
THE  PERIOD  OF THE REPORT, INCLUDING THE YEAR OF THE ORIGINAL APPROPRI-
ATION AND BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION  BY  CATEGORY
SUCH AS OPTS, NYS-CARES OR OTHER CATEGORIES;
  (G)  PROJECTED  FUNDING  REQUIREMENTS FOR INDIVIDUALS REMAINING ON THE
WAITING LIST;
  (H) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS  WHO  WILL  REQUIRE
OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
  (I)  A  PLAN  FOR  MEETING THE OUT-OF-HOME RESIDENTIAL PLACEMENT NEEDS
SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
SION (A) OF THIS SECTION; AND
  (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
  S 2. This act shall take effect immediately.