S T A T E O F N E W Y O R K
________________________________________________________________________
7728
2019-2020 Regular Sessions
I N A S S E M B L Y
May 17, 2019
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Introduced by M. of A. BUTTENSCHON, GUNTHER -- read once and referred to
the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the establishment
of the independent intellectual and developmental disability ombudsman
program
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
33.29 to read as follows:
§ 33.29 INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILITY OMBUDSMAN
PROGRAM.
(A) THERE IS HEREBY ESTABLISHED THE OFFICE OF THE INDEPENDENT INTEL-
LECTUAL AND DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM THAT WILL BE
OPERATED OR SELECTED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES FOR THE PURPOSE OF ASSISTING INDIVIDUALS WITH AN INTELLECTUAL
OR DEVELOPMENTAL DISABILITY TO ENSURE THAT THEY RECEIVE COVERAGE FROM
MANAGED CARE ORGANIZATIONS THAT IS APPROPRIATE IN MEETING THEIR INDIVID-
UAL SERVICE NEEDS.
(B) SUCH OMBUDSMAN WILL IDENTIFY, INVESTIGATE, REFER AND RESOLVE
COMPLAINTS THAT ARE MADE BY, OR ON BEHALF OF, CONSUMERS RELATIVE TO
COVERAGE UNDER A MANAGED CARE ORGANIZATION AND ACCESS TO INITIAL AND
CONTINUING INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES AND
SUPPORTS; AND ACCEPT, INVESTIGATE, REFER AND HELP TO RESOLVE COMPLAINTS
THAT ARE MADE BY OR ON BEHALF OF CONSUMERS OR BY PROVIDERS RELATIVE TO
NETWORK ADEQUACY FOR ACCESS TO INTELLECTUAL AND DEVELOPMENTAL DISABILITY
SERVICES AND SUPPORTS.
(C) NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW AND SECTION ONE HUNDRED FORTY-TWO
OF THE ECONOMIC DEVELOPMENT LAW, OR ANY OTHER INCONSISTENT PROVISION OF
LAW, FUNDS AVAILABLE FOR EXPENDITURE PURSUANT TO THIS SECTION FOR THE
ESTABLISHMENT OF AN OMBUDSMAN PROGRAM FOR INTELLECTUAL AND DEVELOPMENTAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11224-01-9
A. 7728 2
DISABILITY, MAY BE ALLOCATED AND DISTRIBUTED BY THE COMMISSIONER OF THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, WITHOUT A COMPETITIVE BID OR
REQUEST FOR PROPOSAL PROCESS FOR THE ESTABLISHMENT OF AN OMBUDSMAN
PROGRAM FOR INTELLECTUAL AND DEVELOPMENTAL DISABILITY. PROVIDED, HOWEV-
ER, THAT SUCH ALLOCATION OR DISTRIBUTION MUST BE BASED ON OBJECTIVE
CRITERIA AND AN ALLOCATION METHODOLOGY THAT IS APPROVED BY THE DIRECTOR
OF THE BUDGET.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.