S T A T E O F N E W Y O R K
________________________________________________________________________
9567
I N A S S E M B L Y
March 16, 2022
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to establishing 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
33.28 to read as follows:
§ 33.28 INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILITY OMBUDSMAN
PROGRAM.
(A) THERE IS HEREBY ESTABLISHED BY THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES THE INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISA-
BILITY OMBUDSMAN PROGRAM FOR THE PURPOSE OF ASSISTING INDIVIDUALS WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES TO ENSURE THEIR ACCESS TO
SERVICES AND PRESERVATION OF THEIR RIGHTS.
(B) SUCH OMBUDSMAN PROGRAM SHALL HAVE THE FOLLOWING DUTIES, INCLUDING,
BUT NOT LIMITED TO:
1. ESTABLISHING A SERVICE DELIVERY STRUCTURE BASED IN NEW YORK STATE
THAT INCLUDES A TOLL-FREE TELEPHONE HOTLINE, AN INTERACTIVE WEBSITE, AND
AVAILABILITY OF IN-PERSON, TELEPHONE AND EMAIL ACCESS TO OMBUDSMAN
PROGRAM STAFF OR VOLUNTEERS;
2. IDENTIFYING, INVESTIGATING, REFERRING AND RESOLVING COMPLAINTS MADE
BY, OR ON BEHALF OF, INDIVIDUALS RELATIVE TO THEIR ACCESS TO SERVICES
PROVIDED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR THE
CARE COORDINATION PROVIDED BY HEALTH HOMES SERVING INDIVIDUALS WITH
INTELLECTUAL AND/OR DEVELOPMENTAL DISABILITIES OR SERVICES PROVIDED BY
OTHER PROVIDERS;
3. PROVIDING ASSISTANCE FOR NAVIGATING AND COMPLETING PROCESSES, SUCH
AS PAPERWORK AND DOCUMENTATION, TO ACCESS SERVICES PROVIDED BY THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR THE CARE COORDI-
NATION PROVIDED BY HEALTH HOMES SERVING INDIVIDUALS WITH INTELLECTUAL
AND/OR DEVELOPMENTAL DISABILITIES TO INDIVIDUALS OR SERVICES PROVIDED BY
OTHER PROVIDERS, AND/OR ANYONE SEEKING ASSISTANCE ON THEIR BEHALF;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14557-01-2
A. 9567 2
4. ASSISTING INDIVIDUALS IN FILING AND PREPARING APPEALS, AND REPRES-
ENTING INDIVIDUALS IN APPEALS AND HEARINGS CONCERNING ADVERSE BENEFIT
DETERMINATIONS REGARDING SERVICES PROVIDED BY THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES OR HEALTH HOMES SERVING INDIVIDUALS WITH
INTELLECTUAL AND/OR DEVELOPMENTAL DISABILITIES TO INDIVIDUALS OR
SERVICES PROVIDED BY OTHER PROVIDERS;
5. COLLECTING, TRACKING, AND QUANTIFYING PROBLEMS AND INQUIRIES
ENCOUNTERED BY INDIVIDUALS; AND
6. EDUCATING INDIVIDUALS ON THEIR RIGHTS AND RESPONSIBILITIES WITH
RESPECT TO ACCESS TO SERVICES PROVIDED BY THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES AND CARE COORDINATION PROVIDED BY HEALTH
HOMES SERVING INDIVIDUALS WITH INTELLECTUAL AND/OR DEVELOPMENTAL DISA-
BILITIES OR SERVICES PROVIDED BY OTHER PROVIDERS.
(C) NOTICES AND MATERIALS PROVIDED TO INDIVIDUALS BY THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, PROVIDERS OF SERVICES, AND THE
HEALTH HOMES SERVING INDIVIDUALS WITH INTELLECTUAL AND/OR DEVELOPMENTAL
DISABILITIES SHALL INCLUDE THE NAME, PHONE NUMBER AND WEBSITE ADDRESS OF
THE INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILITY OMBUDSMAN
PROGRAM ESTABLISHED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
ITIES PURSUANT TO THIS SECTION.
(D) 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 INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILI-
TY OMBUDSMAN PROGRAM MAY BE ALLOCATED AND DISTRIBUTED BY THE COMMISSION-
ER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SUBJECT TO
THE APPROVAL OF THE DIRECTOR OF THE BUDGET, BUT ONLY AFTER THE COMMIS-
SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES HOLDS A
REQUEST FOR PROPOSAL PROCESS FOR THE ESTABLISHMENT OF AN INDEPENDENT
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM. ONLY DOMES-
TIC NOT-FOR-PROFIT CORPORATIONS SHALL BE ELIGIBLE TO SUBMIT PROPOSALS
FOR SUCH PROGRAM. ENTITIES THAT CURRENTLY RECEIVE FUNDING FROM THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO PROVIDE SERVICES TO
PEOPLE WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, OR TO OPERATE
CARE COORDINATION ORGANIZATIONS, OR THAT BILL THE MEDICAID PROGRAM FOR
MEDICAL OR HEALTHCARE SERVICES, SHALL BE EXCLUDED FROM CONSIDERATION.
THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES SHALL CONSIDER ALL COMPETITIVE PROPOSALS SUBMITTED THROUGH SUCH
REQUEST FOR PROPOSAL PROCESS AND SHALL DETERMINE, BASED ON HIS OR HER
DISCRETION, WHICH PROPOSAL SUBMITTED IS MOST COMPETITIVE FOR THE ESTAB-
LISHMENT OF AN INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILITY
OMBUDSMAN PROGRAM. IN THE EXERCISE OF SUCH DISCRETION, THE COMMISSIONER
OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL EXERCISE
A PREFERENCE IN FAVOR OF APPLICANTS WHO DEMONSTRATE EXPERIENCE PROVIDING
ADVOCACY OR ASSISTANCE TO PEOPLE WITH INTELLECTUAL AND DEVELOPMENTAL
DISABILITIES, EXPERIENCE OPERATING A CALL CENTER, AND EXPERIENCE TRACK-
ING AND REPORTING ON CASE ACTIVITIES WHILE PROTECTING INDIVIDUAL CONFI-
DENTIALITY.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.