Assembly Bill A3410

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3410
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with Disabilities
 
 AN ACT in relation to requiring  the  commissioner  of  the  office  for
   people  with  developmental  disabilities  to work with an independent
   firm to allow such firm to conduct a study on the number of  New  York
   state  residents  in  need  of  disability services and the office for
   people  with  developmental  disabilities'  eligibility  criteria  and
   determinations  following diagnostic evaluations by a licensed profes-
   sional and distribution of services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 1. The commissioner of the office for people with develop-
 mental disabilities shall work with an independent firm  to  allow  such
 firm  to  conduct  a comprehensive study analyzing the office for people
 with developmental disabilities, the number of New York state  residents
 in  need of disability services and the effectiveness of using the adap-
 tive behavior assessment system to determine  eligibility  for  services
 and  submit a report to the speaker of the assembly, the minority leader
 of the assembly, the temporary president of  the  senate,  the  minority
 leader  of  the  senate and the governor's office of employee relations,
 and make publicly available on the office's website no  later  than  one
 year after the effective date of this section.
   2. (a) Such report shall include, but not be limited to:
   (i)  the number of persons with a developmental disability in New York
 state who qualified for services through  the  office  for  people  with
 developmental disabilities within the last five years;
   (ii)  the  number  of persons with a developmental disability who have
 applied for services and were deemed ineligible through the  office  for
 people with developmental disabilities within the last five years;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06705-01-5
 A. 3410                             2
 
              

   (iii)  the  number of persons with a developmental disability for whom
 the adaptive behavior assessment system determined their eligibility for
 services within the last five years;
   (iv)  the  number  of persons with a developmental disability for whom
 the adaptive behavior assessment system determined  their  ineligibility
 for  services from the office for people with developmental disabilities
 due to scoring above the threshold of eligibility within the  last  five
 years  and  who completed the office for people with developmental disa-
 bilities' appeal process after being deemed ineligible;
   (v) the number of persons with a developmental disability who appealed
 their ineligibility determination and ultimately received services  from
 the office for people with developmental disabilities;
   (vi)  an  analysis of eligibility requirements, services determination
 process, and any other processes deemed necessary for review within  the
 scope of such report; and
   (vii)  recommendations  based  on  the  findings from the report as to
 whether the state can take additional action to ensure those in need  of
 services  provided by the office for people with developmental disabili-
 ties are deemed eligible.
   (b) The independent firm shall separate their findings in such  report
 regionally to assist in targeting the areas that are most underserved.
   3.  For the purposes of this section, the independent firm may conduct
 such study in conjunction with any other  department,  division,  board,
 bureau,  commission,  agency,  or  public  authority of the state deemed
 necessary.   To the maximum extent feasible,  the  commissioner  of  the
 office for people with developmental disabilities shall be authorized to
 request,  receive,  and  utilize  such  resources  and data of any other
 department, division,  board,  bureau,  commission,  agency,  or  public
 authority  of  the  state as such commissioner may reasonably request to
 properly carry out their powers and duties pursuant to this section.
   4. The commissioner of the office for people with developmental  disa-
 bilities  shall  promulgate rules and regulations as may be necessary to
 effectuate the provisions of this section.
   § 2. This act shall take effect immediately.