S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    889
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03754-01-7

 A. 889                              2
 
 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
 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.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "fair access to individualized residences (FAIR) act".
   § 3. The public health law is amended by adding a new section 207-a to
 read as follows:
   § 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.
   § 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.
   § 5. This act shall take effect immediately.