Senate Bill S3649

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

                                  3649

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT relating to the administration of services to people with  devel-
  opmental disabilities

  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, 2016 and
implement guidelines putting the plan into effect no later than April 1,
2016.  The plan shall consist of proposals to address the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07849-02-5

              

S. 3649                             2

  (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
guidelines shall:
  (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
manner.
  (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.