S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7716
 
                             I N  S E N A T E
 
                             February 11, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 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
 DISABILITY, MAY BE ALLOCATED AND DISTRIBUTED BY THE COMMISSIONER OF  THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  SUBJECT  TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11224-01-9

 S. 7716                             2
 
 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.