S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1577
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. BUTTENSCHON, DARLING, EPSTEIN -- 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 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 DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM.
   (A) THERE IS HEREBY ESTABLISHED BY THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL  DISABILITIES  THE INDEPENDENT DEVELOPMENTAL DISABILITY OMBUDSMAN
 PROGRAM FOR THE PURPOSE  OF  ASSISTING  INDIVIDUALS  WITH  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
 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 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.
                                                            LBD05102-01-3
              

 A. 1577                             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
 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 DEVELOPMENTAL  DISABILITIES  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 DEVELOPMENTAL DISABILITIES SHALL
 INCLUDE THE NAME, PHONE NUMBER AND WEBSITE ADDRESS  OF  THE  INDEPENDENT
 DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM ESTABLISHED BY THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSUANT TO THIS SECTION.
   (D)  FUNDS  AVAILABLE FOR EXPENDITURE PURSUANT TO THIS SECTION FOR THE
 ESTABLISHMENT  OF  AN  INDEPENDENT  DEVELOPMENTAL  DISABILITY  OMBUDSMAN
 PROGRAM  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, BUT ONLY AFTER THE COMMISSIONER
 OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES HOLDS A REQUEST
 FOR PROPOSAL PROCESS FOR THE ESTABLISHMENT OF  AN  INDEPENDENT  DEVELOP-
 MENTAL DISABILITY OMBUDSMAN PROGRAM. ONLY DOMESTIC NOT-FOR-PROFIT CORPO-
 RATIONS SHALL BE ELIGIBLE TO SUBMIT PROPOSALS FOR SUCH PROGRAM. ENTITIES
 THAT  CURRENTLY RECEIVE FUNDING FROM THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES TO PROVIDE SERVICES  TO  PEOPLE  WITH  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 DISABILITIES SHALL CONSIDER ALL COMPETITIVE PROPOSALS
 SUBMITTED THROUGH SUCH REQUEST FOR PROPOSAL PROCESS AND SHALL  DETERMINE
 WHICH  PROPOSAL  SUBMITTED  IS  APPROPRIATE  FOR THE ESTABLISHMENT OF AN
 INDEPENDENT DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM. IN  MAKING  SUCH
 DETERMINATION,  APPLICANTS WHO DEMONSTRATE EXPERIENCE PROVIDING ADVOCACY
 OR ASSISTANCE TO  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  EXPERIENCE
 OPERATING  A  CALL  CENTER, OR EXPERIENCE TRACKING AND REPORTING ON CASE
 ACTIVITIES WHILE PROTECTING  INDIVIDUAL  CONFIDENTIALITY  SHALL  RECEIVE
 DEFERENCE FOR THE AWARD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.