NY State Senate Bill 2021-S8442

Senate Bill S8442

2021-2022 Legislative Session

Requires that applications submitted by individuals with developmental disabilities for eligibility determinations and service authorizations be processed in a timely manner

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.725 substituted for a9920
May 18, 2022	referred to ways and means delivered to assembly passed senate
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.903
Mar 01, 2022	referred to disabilities

Votes

- May 18, 2022 - Floor Vote
  S8442
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 18, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  Apr 26, 2022 - Disabilities Committee Vote
  S8442
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: Apr 26, 2022
      
      aye (7)
      
      Akshar
      
      Brooks
      
      Cleare
      
      Felder
      
      Mannion
      
      Martucci
      
      Persaud

2021-S8442 (ACTIVE) - Details

See Assembly Version of this Bill:: A9920
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.07, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:: S8442, A9920

2021-S8442 (ACTIVE) - Summary

Requires that applications submitted by individuals with developmental disabilities for eligibility determinations and service authorizations be processed in a timely manner; requires the office of mental health to provide a report regarding such applications.

2021-S8442 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8442

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring that
applications submitted by individuals with developmental disabilities
for eligibility determinations and service authorizations be processed
in a timely manner

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would ensure that applications for determined eligibil-
ity and service authorizations are processed in an effective and timely
manner.

 
SUMMARY OF PROVISIONS:

Section 1. OPWDD must process applications for determining eligibility,
and service authorizations are processed in a timely manner. An excep-
tion can be made if the application is unclear, requires further infor-
mation, or there is a reasonable basis to believe that the application

was submitted fraudulently. The office is required to process such an
application within one hundred twenty days after receiving the applica-
tion via the internet or electronic mail.

If an application is not reasonably clear or lacks information, the
office must notify the applicant in writing within thirty days of
receiving that application to request the additional information needed
and process it within sixty days.

The office is required to report, on a quarterly basis, the number and
type of applications received, the number of applications approved, the
average timeframe for approval, the number of pending applications, and
the applications that were disapproved or rejected, and the reasons for
such disapproval or rejection. This report must be posted and made
available on the office's website.

Section 2. Effective Date

 
JUSTIFICATION:

In 2020, over 120,000 people received OPWDD Medicaid services and
supports. This represents an increase of approximately 13% from 2014.
With the increased demand for services, it is necessary that individuals
are still provided assistance in an acceptable timeframe.  The services
that OPWDD provides are necessary for individuals with developmental
disabilities to achieve a high quality of life. Due to the important
nature of these services, this legislation will ensure a system of
accountability is in place and prevent unnecessary delays in eligibility
determinations and service authorizations from OPWDD.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD
 
EFFECTIVE DATE:
Immediately

2021-S8442 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8442
 
                             I N  S E N A T E
 
                               March 1, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- 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  requiring  that
   applications  submitted by individuals with developmental disabilities
   for eligibility determinations and service authorizations be processed
   in a timely manner

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  13.07  of  the  mental hygiene law is amended by
 adding a new subdivision (c-1) to read as follows:
   (C-1) 1. IN CARRYING OUT THE RESPONSIBILITIES IDENTIFIED  IN  SUBDIVI-
 SION  (C) OF THIS SECTION, THE OFFICE SHALL ENSURE THAT APPLICATIONS FOR
 ELIGIBILITY DETERMINATIONS AND SERVICE AUTHORIZATIONS ARE PROCESSED IN A
 TIMELY MANNER. SPECIFICALLY, EXCEPT IN A CASE WHERE THE  APPLICATION  IS
 NOT  REASONABLY  CLEAR,  OMITS  REQUIRED INFORMATION, OR WHEN THERE IS A
 REASONABLE BASIS SUPPORTED BY SPECIFIC INFORMATION AVAILABLE FOR  REVIEW
 BY  THE  OFFICE  THAT  SUCH  APPLICATION WAS SUBMITTED FRAUDULENTLY, THE
 OFFICE SHALL COMPLETE PROCESSING OF THE APPLICATION WITHIN  ONE  HUNDRED
 TWENTY  DAYS OF RECEIPT OF SUCH APPLICATION TRANSMITTED VIA THE INTERNET
 OR ELECTRONIC MAIL.
   2. IN THE CASE WHERE THE APPLICATION IS NOT REASONABLY CLEAR OR  LACKS
 REQUIRED  INFORMATION,  THE OFFICE SHALL NOTIFY THE APPLICANT IN WRITING
 WITHIN THIRTY CALENDAR DAYS  OF  THE  RECEIPT  OF  SUCH  APPLICATION  TO
 REQUEST ALL ADDITIONAL INFORMATION NEEDED TO PROCESS SUCH APPLICATION.
   3.  UPON RECEIPT OF THE INFORMATION REQUESTED IN PARAGRAPH TWO OF THIS
 SUBDIVISION, THE OFFICE SHALL COMPLETE  PROCESSING  OF  THE  APPLICATION
 WITHIN SIXTY DAYS.
   4.  THE  OFFICE SHALL REPORT ON A QUARTERLY BASIS TO THE DEVELOPMENTAL
 DISABILITIES ADVISORY COUNCIL, THE GOVERNOR, THE  CHAIR  OF  THE  SENATE
 DISABILITIES  COMMITTEE  AND  THE  CHAIR  OF  THE  ASSEMBLY DISABILITIES
 COMMITTEE FOR BOTH ELIGIBILITY AND  SERVICE  AUTHORIZATION  APPLICATIONS
 (I) THE NUMBER AND TYPE OF APPLICATIONS RECEIVED, INCLUDING BY GEOGRAPH-
 IC REGION AND/OR COUNTY AND THE AGE OR AGE-RANGE OF APPLICANTS, (II) THE
 NUMBER OF EACH TYPE OF APPLICATION APPROVED, (III) THE AVERAGE TIMEFRAME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14196-01-2
 S. 8442                             2

 FOR  APPROVAL  FROM  RECEIPT TO FINAL APPROVAL FOR EACH TYPE OF APPLICA-
 TION, (IV) THE NUMBER OF EACH TYPE OF APPLICATION PENDING, AND  (V)  THE
 NUMBER  OF  EACH  TYPE  OF  APPLICATION  DISAPPROVED OR REJECTED AND THE
 GROUNDS  FOR  SUCH DISAPPROVAL OR REJECTION. SUCH REPORT SHALL BE POSTED
 AND MADE AVAILABLE BY THE OFFICE ON ITS WEBSITE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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