NY State Senate Bill 2021-S5079

Senate Bill S5079

2021-2022 Legislative Session

Establishes a program of tiered eligibility for services offered by OPWDD for persons with learning disabilities and other complex neurological impairments

download bill text pdf

Archive: Last Bill Status - In Senate Committee 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to disabilities
Feb 23, 2021	referred to disabilities

co-Sponsors

2021-S5079 (ACTIVE) - Details

See Assembly Version of this Bill:: A6070
Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §41.59, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:: S5079, A6070

2021-S5079 (ACTIVE) - Summary

Establishes a program of tiered eligibility for services offered by the office for people with developmental disabilities for persons with learning disabilities and other complex neurological impairments.

2021-S5079 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5079

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to establishing a
program of tiered eligibility for services offered by the office for
people with developmental disabilities for persons with learning disa-
bilities and other complex neurological impairments

 
PURPOSE:

This bill directs the Commissioner of OPWDD to develop and implement a
two tiered service delivery model to target individual's specific needs
and provide quick response during crisis for persons with learning disa-
bilities and other complex neurological impairments, including high
functioning autism spectrum disorders.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 41.59 of the mental hygiene law

outlining legislative intent, defining terms, directing the Commissioner
of OPWDD to establish a program of tiered eligibility for services for
persons with learning disabilities and other complex neurological
impairments and sets forth the elements of such a program. It also
directs the Commissioner to develop a reimbursement methodology for
intensive services navigation as described in the bill and to consult
with a statewide association specifically representing individuals with
learning disabilities and related services providers.

Section 2 of the bill provides for an effective date 180 days after
enactment provided however that the Commissioner of OPWDD is authorized
to promulgate any and all rules and regulations necessary to implement
the act.

 
JUSTIFICATION:

Individuals with learning disabilities are disproportionately afflicted
with other problems in society. For example, up to 60% of adolescents in
treatment for substance abuse have learning disabilities, 48% of those
with learning disabilities are out of the workforce, 44% of those on
welfare (TANF) were found to have a learning disability, 50% of juvenile
delinquents tested were found to have an undetected learning disability
and 31% of students with learning disabilities will be arrested 3-5
years out of high school to name just some of the sobering statistics.

All too often, our failure to appropriately provide educational and
support services for persons with learning disabilities results in the
tragic and costly use of "last resort" programs. When you consider the
large proportion of incarcerated New York State youth who are known or
suspected of having a learning disability, or the numbers of adults with
learning disabilities in our State correctional facilities, or the
disproportionate number of persons with learning disabilities receiving
income supports, in addition to many other safety net programs and
initiatives serving persons with learning disabilities, then you will
see the huge costs of this tragedy, in both human and fiscal terms. Yet
research and experience demonstrates that modest investments in educa-
tional and supportive services for persons with learning disabilities

will have a substantial positive impact on the lives and relationships,
while providing substantial savings to taxpayers.

Over the last 15 years OPWDD services have become more Medicaid oriented
and, as a result, individuals who used to be qualified to receive learn-
ing disability services often do not get qualified for the services
today. This proposal aims to provide a mechanism for the state to
respond to a crisis and to provide early intervention rather than have
people's only option be to wait for and pursue full OPWDD eligibility.
It creates a two tiered system. In tier one intensive service navigation
would be provided for a 3 to 6 month period and be oriented to crisis
intervention. Individuals all of whom have some form of a neurological
impairment and have recently experienced some type of life changing
event that has resulted in some form of crisis.  If the situation stabi-
lized, the services would end. However, if the need persisted and more
direct intervention was required, individuals would move into Tier 2
where service navigation would continue and intensify and a process of
assessing the individual's adaptive behavior and providing new adaptive
skills would begin. Tier 2 would also be provided for 3-6 months and
would end with either services ending or they would continue to apply
for OPWDD eligibility having accurate information on the level of the
person's handicapping condition and the impact it is having on the indi-
vidual's daily life.

This bill aims to provide assistance to those suffering from learning
disabilities who are experiencing crisis in their lives as a result of
that disability with assistance in navigating the situation, and if
necessary moving toward an application for OPWDD eligibility. It is a
triaged approach to serving many individuals in our society who are
falling through the cracks.

 
LEGISLATIVE HISTORY:

2019-20: S.4563- Referred to Mental Health and Developmental Disabili-
ties

2017-18: S.3630- REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES

2015-16: S.1908 - Died in Mental Health

2013-14: S.989 - Died in Mental Health

2011-12: S.3020 - Died in Mental Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after enactment after enactment.

2021-S5079 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5079
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, ADDABBO, BAILEY, KENNEDY, PERSAUD -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Disabilities
 
 AN  ACT  to  amend the mental hygiene law, in relation to establishing a
   program of tiered eligibility for services offered by the  office  for
   people with developmental disabilities for persons with learning disa-
   bilities and other complex neurological impairments
 
   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
 41.59 to read as follows:
 § 41.59 TIERED SERVICES ELIGIBILITY.
   1. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS THAT
 INDIVIDUALS  WITH  LEARNING  DISABILITIES AND OTHER COMPLEX NEUROLOGICAL
 IMPAIRMENTS ARE OFTEN NOT PROVIDED ESSENTIAL  SUPPORT  AND  HABILITATIVE
 SERVICES  DUE TO THE LACK OF ESTABLISHED OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES' ELIGIBILITY PROTOCOLS.  THIS  INCLUDES  INDIVIDUALS
 WITH  LEARNING DISABILITIES, HIGH FUNCTIONING AUTISM SPECTRUM DISORDERS,
 SUCH AS ASPERGER'S SYNDROME, AND A NUMBER OF OTHER COMPLEX NEUROLOGICAL-
 LY BASED COGNITIVE DISABILITIES. UNFORTUNATELY,  THESE  INDIVIDUALS  ARE
 THEN  LEFT TO NAVIGATE THEIR LIVES AND THE CHALLENGES OF THEIR DISABILI-
 TIES WITH MINIMAL OR NO ASSISTANCE. AS A RESULT, SUCH INDIVIDUALS  OFTEN
 LEAD  LIVES  OF GREAT DIFFICULTY AND VULNERABILITY THAT MAY INCLUDE, BUT
 ARE NOT LIMITED TO, EXTENDED PERIODS OF INCARCERATION, LIFELONG  DEPEND-
 ENCE  ON  PUBLIC ASSISTANCE, SUBSTANCE ABUSE, AND VICTIMIZATION, COUPLED
 WITH MANY OTHER NEGATIVE AND COSTLY OUTCOMES. IN RESPONSE TO THIS  GROW-
 ING PROBLEM, THE LEGISLATURE HEREBY DIRECTS THE COMMISSIONER OF DEVELOP-
 MENTAL  DISABILITIES TO DEVELOP AND IMPLEMENT A PROGRAM OF TIERED ELIGI-
 BILITY FOR OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES'  SERVICES
 FOR  PERSONS  WITH  LEARNING DISABILITIES AND OTHER COMPLEX NEUROLOGICAL
 IMPAIRMENTS. THIS TIERED SERVICE-DELIVERY MODEL WOULD ALLOW SERVICES  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01063-01-1

 S. 5079                             2
 
 BE  TARGETED AND BASED ON AN INDIVIDUAL'S SPECIFIC NEEDS, WHICH FOR SOME
 MAY BE MORE INTENSIVE AND FOR OTHERS RELATIVELY MINIMAL. THIS MODEL WILL
 ALSO FACILITATE RAPID RESPONSE TO  ADDRESSING  PROBLEMS  ENCOUNTERED  BY
 INDIVIDUALS IN CRISIS.  PROVIDING SERVICES THAT ARE TRULY NEEDED WILL BE
 MORE  COST  EFFECTIVE AND A MORE SENSIBLE OPTION THAN THE CURRENT ELIGI-
 BILITY PROCESS UTILIZED BY THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES.
   2.  WHEN  USED  IN  THIS ARTICLE, UNLESS OTHERWISE EXPRESSLY STATED OR
 UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A) "LEARNING DISABILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC
 PSYCHOLOGICAL PROCESSES INVOLVED IN UNDERSTANDING OR IN USING SPOKEN  OR
 WRITTEN  LANGUAGE,  WHICH MAY MANIFEST ITSELF IN AN IMPERFECT ABILITY TO
 LISTEN, THINK, SPEAK, READ, WRITE, SPELL OR TO  DO  MATHEMATICAL  CALCU-
 LATIONS. THIS INCLUDES SUCH CONDITIONS AS PERCEPTUAL DISABILITIES, MINI-
 MAL BRAIN DYSFUNCTION, DYSLEXIA, DYSGRAPHIA, DYSCALCULIA, DYSPRAXIA, AND
 DEVELOPMENTAL APHASIA;
   (B)  "COMPLEX NEUROLOGICAL IMPAIRMENT" MEANS AUTISM SPECTRUM DISORDER,
 SUCH AS ASPERGER'S SYNDROME, OR OTHER COGNITIVE DISABILITIES OF A  SIMI-
 LAR NATURE AND RESULTING IN SIMILAR NEEDS BY AFFECTED INDIVIDUALS;
   (C) "INTENSIVE SERVICE NAVIGATION" MEANS A SERVICE WHOSE PRIMARY FUNC-
 TION  IS  TO  CONNECT  PERSONS  WITH  LEARNING DISABILITIES AND/OR OTHER
 COMPLEX NEUROLOGICAL IMPAIRMENTS TO APPROPRIATE SERVICES  AND  SUPPORTS.
 INTENSIVE  SERVICE NAVIGATION COORDINATES ALL SERVICES FOR A PERSON WITH
 A LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGICAL  IMPAIRMENT  INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  MENTAL HEALTH SERVICES, PARENTING CLASSES,
 SUPPORT GROUPS, RECREATIONAL ACTIVITIES, VOCATIONAL SERVICES, AND EDUCA-
 TIONAL TRANSITIONAL PLANNING AND ALL BASIC NEEDS OF THE INDIVIDUAL.  THE
 SERVICES  OF  THE  INTENSIVE  SERVICE  NAVIGATOR  ARE  TIME  LIMITED AND
 ORIENTED TO SHORT TERM CRISIS INTERVENTION.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS CHAPTER OR  ANY
 OTHER  STATE  LAW,  THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL
 ESTABLISH A PROGRAM OF TIERED ELIGIBILITY FOR SERVICES  OFFERED  BY  THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  FOR PERSONS WITH
 LEARNING DISABILITIES AND OTHER COMPLEX NEUROLOGICAL  IMPAIRMENTS.  SUCH
 PROGRAM SHALL CONTAIN THE FOLLOWING ELEMENTS:
   (A)  WHEN AN INDIVIDUAL PRESENTS TO A SERVICE PROVIDER SEEKING SUPPORT
 SERVICES, THE SERVICE PROVIDER SHALL  DETERMINE  IF  THE  INDIVIDUAL  IS
 PRESENTING  WITH  A  LEARNING  DISABILITY  OR OTHER COMPLEX NEUROLOGICAL
 IMPAIRMENT. IF THE SERVICE PROVIDER DETERMINES THAT THE INDIVIDUAL IS  A
 PERSON  WITH AN APPARENT LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGI-
 CAL IMPAIRMENT, AND THAT SUCH INDIVIDUAL REQUIRES IMMEDIATE  SERVICE  IN
 ORDER TO PROTECT AND PROMOTE THE INDIVIDUAL'S HEALTH AND SAFETY, OR THAT
 THE  INDIVIDUAL OTHERWISE FACES A CRISIS SITUATION THAT CAN BE HELPED BY
 SERVICE AND ASSISTANCE, THE SERVICE PROVIDER MAY  IMPLEMENT  THE  TIERED
 SERVICES ELIGIBILITY PROGRAM;
   (B)  TIER  ONE OF THE TIERED SERVICES ELIGIBILITY PROGRAM WILL CONSIST
 OF  THE  IMMEDIATE  PROVISION  OF  INTENSIVE  SERVICE  NAVIGATION.  THIS
 PROVISION OF SERVICES WILL BE PROVIDED FOR UP TO SIX MONTHS IN DURATION.
 THE  SERVICE MAY END ANYTIME PRIOR TO THE END OF THE SIX-MONTH PERIOD IF
 THE INDIVIDUAL AND SERVICE PROVIDER AGREE THAT  NO  FURTHER  SERVICE  OR
 INTERVENTION  IS  REQUIRED. IF THE INDIVIDUAL AND SERVICE PROVIDER AGREE
 AT THE END OF THE SIX MONTH PERIOD THAT THE NEED FOR  SERVICES  PERSISTS
 AND  MORE  INTERVENTION  IS REQUIRED, THE INDIVIDUAL WILL MOVE INTO TIER
 TWO;
   (C) TIER TWO OF  THE  TIERED  SERVICES  ELIGIBILITY  PROGRAM  WILL  BE
 PROVIDED FOR UP TO AN ADDITIONAL SIX-MONTH PERIOD AND PROVIDE:

 S. 5079                             3
 
   (1)   CONTINUATION   AND  INTENSIFICATION  OF  THE  INTENSIVE  SERVICE
 NAVIGATOR'S EFFORTS TO STABILIZE THE INDIVIDUAL'S CRISIS SITUATION;
   (2)  A  PROCESS POTENTIALLY LEADING TO FULL ELIGIBILITY FOR OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES' SERVICES. AS PART OF THIS  PROC-
 ESS,  THE  INTENSIVE SERVICE NAVIGATOR WILL CONDUCT AN ASSESSMENT OF THE
 INDIVIDUAL'S ADAPTIVE BEHAVIOR LEVELS, CONDUCT AN ASSESSMENT OF AN INDI-
 VIDUAL'S ABILITY TO EFFECTIVELY LEARN AND PUT INTO PRACTICE NEW ADAPTIVE
 SKILLS, AND GENERALLY PREPARE THE INDIVIDUAL FOR THE  ELIGIBILITY  PROC-
 ESS;
   (D)  IF  DURING  TIER  TWO,  THE  INDIVIDUAL LEARNS NEW SKILLS AND THE
 CRISIS SUBSIDES, THE INDIVIDUAL AND  SERVICE  PROVIDER  CAN  AGREE  THAT
 SERVICES BE TERMINATED PRIOR TO THE CONCLUSION OF THIS TIER; AND
   (E)  IF  THE INTENSIVE SERVICE NAVIGATOR AND INDIVIDUAL AGREE THAT THE
 INDIVIDUAL WOULD BENEFIT FROM ON-GOING SERVICE AND SUPPORT,  THE  INTEN-
 SIVE  SERVICE  NAVIGATOR  WILL  ASSIST THE INDIVIDUAL IN APPLYING TO THE
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES FOR A FULL ELIGIBILITY
 DETERMINATION.
   4. THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL, IN  CONSULTA-
 TION WITH EXPERIENCED SERVICE PROVIDERS, DEVELOP A REIMBURSEMENT METHOD-
 OLOGY  FOR  INTENSIVE  SERVICE  NAVIGATION AS DESCRIBED IN THIS SECTION.
 SUCH REIMBURSEMENT SHALL COVER THE SERVICE PROVIDER'S  REASONABLE  COSTS
 FOR  PROVIDING THIS SERVICE AND BE PAID TO THE SERVICE PROVIDERS AS PART
 OF THE USUAL AND CUSTOMARY COST REIMBURSEMENT PROCESS.
   5. IN DEVELOPING THIS PROGRAM, THE COMMISSIONER OF DEVELOPMENTAL DISA-
 BILITIES SHALL CONSULT WITH A STATEWIDE ASSOCIATION SPECIFICALLY REPRES-
 ENTING INDIVIDUALS  WITH  LEARNING  DISABILITIES  AND  RELATED  SERVICES
 PROVIDERS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5079

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Disabilities Committee

co-Sponsors

Joseph P. Addabbo Jr.

Jamaal T. Bailey

Cordell Cleare

Timothy M. Kennedy

2021-S5079 (ACTIVE) - Details

2021-S5079 (ACTIVE) - Summary

2021-S5079 (ACTIVE) - Sponsor Memo

2021-S5079 (ACTIVE) - Bill Text download pdf

Comments