S T A T E O F N E W Y O R K
________________________________________________________________________
3556
2025-2026 Regular Sessions
I N A S S E M B L Y
January 28, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to submit an updated
waitlist and placement report to the senate and assembly
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
13.28 to read as follows:
§ 13.28 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; RESIDENTIAL
WAITLIST AND PLACEMENT REPORT.
THE OFFICE SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,
AND EVERY SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT
REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY, INCLUDING THE FOLLOWING INFORMATION:
(A) SUCH WAITLIST INFORMATION SHALL INCLUDE THE STATEWIDE NUMBER OF
INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO THE TOTAL NUMBER OF
INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY SERVICES OFFICE'S
GEOGRAPHIC AREA WHO AWAIT RESIDENTIAL PLACEMENT AND ARE EXPECTED TO
REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFORMATION SHALL BE
GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT AND THE AGE OF
THEIR CAREGIVER, IF ANY. SUCH INFORMATION SHALL ALSO INCLUDE:
1. THE TYPE OF PLACEMENT SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE
DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE
MEDICAL CARE;
2. NON-CERTIFIED RESIDENTIAL PLACEMENT OUTSIDE OF THE PARENT'S OR
PARENTS' OR OTHER CAREGIVER'S HOME; AND
3. THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
(B) SUCH PLACEMENT INFORMATION SHALL INCLUDE:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05605-01-5
A. 3556 2
1. THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE SETTINGS
LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION (A) OF THIS
SECTION DURING THE SIX MONTHS PRECEDING THE DATE OF RELEASE OF THE
REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
2. THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE WAIT-
LIST, PLACED WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO
AND THREE OF SUBDIVISION (A) OF THIS SECTION DURING THE SIX MONTHS
PRECEDING THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO SUBDI-
VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
(C) THE COMMISSIONER SHALL REPORT THE NUMBER OF INDIVIDUALS WHO ARE
CURRENTLY PLACED IN A RESIDENTIAL PROGRAM, WHOSE CURRENT LIVING SITU-
ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
(A) OF THIS SECTION; AND
3. THE NUMBER OF CHILDREN IN RESIDENTIAL PLACEMENTS EXPECTED TO AGE
OUT OF SUCH PLACEMENTS WITHIN A YEAR AND PLANS FOR CONTINUING THEIR
PLACEMENTS AS ADULTS;
(D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
FOR AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR PARENT
OR GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD PRECEDING
THE DATE OF RELEASE OF A REPORT, WITH CATEGORICAL DESCRIPTIONS OF THE
REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
SITUATION;
(E) THE COST OF PLACEMENTS MADE DURING THE PERIOD OF SUCH REPORT
DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
(F) THE APPROPRIATION AUTHORITY USED TO FUND PLACEMENTS MADE DURING
THE PERIOD OF THE REPORT, INCLUDING THE YEAR OF THE ORIGINAL APPROPRI-
ATION AND BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION BY CATEGORY
SUCH AS OPTS, NYS-CARES OR OTHER CATEGORIES;
(G) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS REMAINING ON THE
WAITING LIST;
(H) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
(I) A PLAN FOR MEETING THE OUT-OF-HOME RESIDENTIAL PLACEMENT NEEDS
SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
SION (A) OF THIS SECTION; AND
(J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
§ 2. This act shall take effect immediately.