Senate Bill S10307

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10307
 
                             I N  S E N A T E
 
                               May 12, 2026
                                ___________
 
 Introduced  by  Sen.  WEBER  -- 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 modernizing self-
   direction funding limits within the office for  people  with  develop-
   mental  disabilities  by restoring purchasing power and establishing a
   mandatory cost-of-living adjustment mechanism

   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
 16.36 to read as follows:
 § 16.36 SELF-DIRECTION FUNDING ADJUSTMENTS.
   1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  RULE  OR  REGU-
 LATION,  THE  COMMISSIONER  SHALL  ADJUST  ALL APPLICABLE FUNDING LIMITS
 WITHIN THE SELF-DIRECTION PROGRAM ADMINISTERED BY THE OFFICE FOR  PEOPLE
 WITH DEVELOPMENTAL DISABILITIES, INCLUDING BUT NOT LIMITED TO OTHER THAN
 PERSONAL  SERVICES  (OTPS),  FAMILY  REIMBURSED  RESPITE  (FRR), AND ALL
 SUBCATEGORIES WITHIN INDIVIDUAL DIRECTED GOODS AND SERVICES  (IDGS),  TO
 REFLECT  CUMULATIVE  COST-OF-LIVING ADJUSTMENTS ENACTED IN STATE BUDGETS
 SINCE JANUARY FIRST, TWO THOUSAND  TWENTY.  SUCH  ADJUSTMENTS  SHALL  BE
 COMPLETED NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SEVEN.
   2. THE FOLLOWING MINIMUM FUNDING FLOORS SHALL APPLY UPON THE EFFECTIVE
 DATE  OF THIS SECTION AND SHALL NOT BE REDUCED BY THE COMMISSIONER OR BY
 REGULATION:
   (A) OTHER THAN PERSONAL SERVICES (OTPS): NOT LESS THAN THREE  THOUSAND
 FIVE HUNDRED DOLLARS PER PLAN YEAR;
   (B) FAMILY REIMBURSED RESPITE (FRR): NOT LESS THAN THREE THOUSAND FIVE
 HUNDRED DOLLARS PER PLAN YEAR;
   (C)  IDGS  HEALTH CLUB AND ORGANIZATIONAL MEMBERSHIPS SUBCATEGORY: NOT
 LESS THAN ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS PER PLAN YEAR;
   (D) IDGS CAMP SUBCATEGORY: NOT LESS THAN FOUR THOUSAND  SEVEN  HUNDRED
 DOLLARS PER PLAN YEAR; AND
   (E)  IDGS  COACHING  AND  EDUCATION  FOR  PARENT,  SPOUSE, OR ADVOCATE
 SUBCATEGORY: NOT LESS THAN FIVE HUNDRED  EIGHTY-FIVE  DOLLARS  PER  PLAN
 YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15848-01-6
 S. 10307                            2
 
   3.  BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-SEVEN, AND ON THE FIRST
 DAY OF EACH SUBSEQUENT STATE FISCAL YEAR, THE COMMISSIONER SHALL  ADJUST
 ALL  FUNDING LIMITS AND SUBCATEGORY CAPS SET FORTH IN SUBDIVISION TWO OF
 THIS SECTION BASED  ON  THE  HUMAN  SERVICES  COST-OF-LIVING  ADJUSTMENT
 INCLUDED  IN  THE ENACTED STATE BUDGET FOR THAT FISCAL YEAR. SUCH ANNUAL
 ADJUSTMENT IS MANDATORY AND SHALL BE APPLIED WITHOUT FURTHER LEGISLATIVE
 ACTION. THE COMMISSIONER SHALL NOT  APPLY  ANY  ANNUAL  ADJUSTMENT  THAT
 WOULD REDUCE A FUNDING LIMIT BELOW THE FLOORS ESTABLISHED IN SUBDIVISION
 TWO OF THIS SECTION.
   4. THE COMMISSIONER SHALL PUBLISH UPDATED FUNDING LIMITS AND THE METH-
 ODOLOGY  USED FOR EACH ANNUAL ADJUSTMENT NO LATER THAN THIRTY DAYS PRIOR
 TO THE BEGINNING OF EACH STATE FISCAL YEAR. FAILURE TO PUBLISH SHALL NOT
 STAY THE EFFECTIVENESS OF THE REQUIRED ADJUSTMENT.
   5. THE COMMISSIONER SHALL BE SUBJECT TO ADMINISTRATIVE  OVERSIGHT  AND
 COMPLIANCE  REVIEW  BY  THE  LEGISLATURE, THE STATE COMPTROLLER, AND THE
 DIVISION OF THE BUDGET WITH RESPECT TO THE  ADJUSTMENTS  REQUIRED  UNDER
 THIS  SECTION. ANY INDIVIDUAL ENROLLED IN THE SELF-DIRECTION PROGRAM WHO
 IS ADVERSELY AFFECTED BY A FAILURE TO IMPLEMENT THE REQUIRED ADJUSTMENTS
 MAY FILE A COMPLAINT WITH THE OFFICE OF THE MEDICAID  INSPECTOR  GENERAL
 OR  SEEK  ADMINISTRATIVE  REVIEW PURSUANT TO APPLICABLE PROCEDURES UNDER
 THIS CHAPTER.
   § 2. This act shall take effect April 1, 2027. Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.