NY State Senate Bill 2017-S8378

Senate Bill S8378

2017-2018 Legislative Session

Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2018	referred to mental health and developmental disabilities

2017-S8378 (ACTIVE) - Details

See Assembly Version of this Bill:: A4364
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.28, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5210
2011-2012: S3167, A6553
2013-2014: S482, A5894
2015-2016: S661, A8476
2019-2020: S2444, A3620
2021-2022: S5809
2023-2024: S2897

2017-S8378 (ACTIVE) - Summary

Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.

2017-S8378 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8378

SPONSOR: COMRIE
 
TITLE OF BILL:  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 assem-
bly

 
PURPOSE:

This bill requires OPWDD to submit a report by January la', 2019 to the
legislature, and update it every six months thereafter, providing
detailed information on the waiting list for out-of-home residential
care and a summary of placement activity relating to persons on the
waiting list for each six months period prior to the submission of the
report.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new section 13.28 of the mental hygiene
law to require that OPWDD submit a report by January 1, 2019, and update

it every six months thereafter, providing detailed information on the
waiting list for out-of-home residential care and a summary of placement
activity relating to persons on the waiting list for each six month
period prior to the submission of the report.  The bill requires that
the report specify placement settings used and note the number and
reasons for those placements that did either failed or for which the
individuals, his/her parent or guardian requested an alternative place-
ment. The bill requires that the report specify the type of placements
expected to be required to meet the needs of individuals on the waiting
list. It also requires OPWDD to list funding sources used for placement
activity including pertinent cost information. Finally, the bill
requires OPWDD to submit an updated plan every six months for meeting
the needs of persons on the waiting list.

 
JUSTIFICATION:

The waiting list for persons with intellectual and other developmental
disabilities who require out-of-home residential care continues to be of
great concern. Many persons remaining at home are being cared for by
parents or other caregivers who themselves are acquiring age-related
disabilities. This can be extremely problematic, especially when indi-
viduals with disabilities themselves are aging.

In fact, in February OPWDD's "Task Force on Aging" noted that a total of
27,211 persons with developmental disabilities over age 30 continue to
live at home. Of these 27,211 people statewide, persons living at home
ages 60 to 65 numbered 1,871; ages 70-75 numbered 581; and, age
80---numbered 320. Currently, it is not clear how many of these individ-
uals require out of home placement. More importantly, critical informa-
tion on the exact size and needs of the statewide waiting list is not
readily available making it impossible for policy makers to plan and
budget accordingly.  Furthermore, placement activity appears highly
sporadic and hard to track. Placement plans seem as if they are contin-
ually changing.  Increasingly, parents who had previously been led to
believe that they would have a placement for their child find that this
is no longer true.


This has left thousands of parents and families in a state of enormous
uncertainty and anxiety regarding the status of their child or, loved
one's current or future placement. This bill will give them critical
information. It will also give the Legislature and others with an inter-
est in development policy information critical to enable them to do
their jobs.

 
LEGISLATIVE HISTORY:

2011/12:A6553 Referred to Mental Health
2013/14:A5894 Referred to Mental Health
2013/16:A8476 Referred to Mental Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S8378 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8378
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  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:
 §  13.28  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; RESIDENTIAL
           WAITLIST AND PLACEMENT REPORT.
   THE OFFICE SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND  NINETEEN,  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
   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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08962-01-7

 S. 8378                             2
 
   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.
   § 2. This act shall take effect immediately.

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