Directs the independent developmental disability ombudsperson program to establish 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 ombudsperson program staff or volunteers; to provide assistance for navigating and completing processes; to assist individuals in filing and preparing appeals; to assist individuals with any problems encountered; and to educate 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7465A
SPONSOR: Buttenschon TITLE OF BILL:
An act to amend the mental hygiene law, in relation to the duties of the
independent developmental disability ombudsperson program
PURPOSE:
The purpose of this bill is to modify the duties of the independent
developmental disability ombudsman program.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill would modify the duties of the independent devel-
opmental disability ombudsman program, including establishing a service
delivery structure based in New York state that includes a toll-free
telephone hotline, an interactive website, and availability of in-per-
son, telephone and email access to ombudsman program staff or volun-
teers; providing assistance navigating and completing processes, such as
paperwork and documentation to access services, and/or anyone seeking
assistance on their behalf; assisting individuals in filing and prepar-
ing appeals, and representing individuals in appeals and hearings,
concerning adverse benefit determinations; collecting, tracking, and
quantifying problems and inquires encountered by individuals; and,
educating individuals on their rights and responsibilities with respect
to access to services. Additionally, this section one of this bill
would require that only domestic, not-for-profit corporations are eligi-
ble to submit proposals for this procurement and that entities that
currently receive funding from OPWDD to provide services to people with
I/DD, or to operate CCO, or that bill the Medicaid program for medical
or healthcare services, shall be excluded from consideration.
Section 2 of this bill provides that the effective date shall take
effect on the one hundred eightieth day after it shall have become a law
and shall apply to all policies and contracts issued, renewed, modified,
altered or amended on and after such date; provided, however, that if
section 1 of part KK of chapter 57 of the laws of 2023 shall not have
taken effect on or before such date then this act shall take effect on
the same date and in the same manner as such section of such part of
such chapter of the laws of 2023, takes effect.
JUSTIFICATION:
Individuals with Intellectual and Developmental Disabilities (I/DD),
their family members, and their advocates need individual assistance
navigating the complex system of services and care coordination intended
to provide for their needs and choices. As such, people with I/DD
deserve an independent avenue for addressing their concerns and issues,
including, but are not limited to, failure of a care coordinator to be
responsive to individuals in their caseload, individual dissatisfaction
with how their Life Plan is being implemented, or failure of the CCO to
provide adequate training of care coordinators.
In SFY 2023-2024., the Office for People with Developmental Disabilities
(OPWDD) was provided with funding to implement a similar program. This
pilot program will be helpful to assist and direct concerns and
complaints from the disabilities community, more can be done to ensure
that the program is operating in a capacity that best serves all indi-
viduals with I/DD. For example, the program could be expanded to provide
assistance with navigating and completing processes, such as paperwork
and documentation, assisting individuals in filing and preparing appeals
and representing individuals in appeals and hearings, and educating
individuals on their rights and responsibilities with respect to access
to services.
Expanding the independent developmental disability ombudsman program
would enable individuals with I/DD to live fuller lives and receive the
care they deserve. This bill would modify the duties of the independent
developmental disability ombudsman program, including 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; providing assistance navigating and completing processes,
such as paperwork and documentation to access services, and/or anyone
seeking assistance on their behalf; assisting individuals in filing and
preparing appeals, and representing individuals in appeals and hearings,
concerning adverse benefit determinations; collecting, tracking, and
quantifying problems and inquires encountered by individuals; and,
educating individuals on their rights and responsibilities with respect
to access to services.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.1577-A / 3.3108-A (Mannion) - Vetoed.
2021-22: A.9567-A / S.8326-A (Mannion) - Passed Senate.
FISCAL IMPLICATIONS:
The estimated cost of modifying this program is approximately $1
million. Currently, the State funds this program at $2 million.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Reporting requirement added.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on and after such date;
provided, however, that if section 1 of part KK of chapter 57 of the
laws of 2023 shall not have taken effect on or before such date then
this act shall take effect on the same date and in the same manner as
such section of such part of such chapter of the laws of 2023, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
7465--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 28, 2025
___________
Introduced by M. of A. BUTTENSCHON, CUNNINGHAM, STERN, DeSTEFANO, GONZA-
LEZ-ROJAS, BURDICK, KELLES -- read once and referred to the Committee
on People with Disabilities -- recommitted to the Committee on People
with Disabilities in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to the duties of the
independent developmental disability ombudsperson program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 33.28 of the mental hygiene law, as added by
2 section 1 of part KK of chapter 57 of the laws of 2023, is amended to
3 read as follows:
4 § 33.28 Independent developmental disability [ombudsman] ombudsperson
5 program.
6 (a) There is hereby established by the office for people with develop-
7 mental disabilities the independent developmental disability [ombudsman]
8 ombudsperson program for the purpose of assisting individuals with
9 developmental disabilities to ensure access by such individuals to
10 services and to preserve their rights.
11 (b) Such [ombudsman] ombudsperson program shall have the following
12 duties, including, but not limited to:
13 1. establishing a service delivery structure based in New York state
14 that includes a toll-free telephone hotline, an interactive website, and
15 availability of in-person, telephone and email access to ombudsperson
16 program staff or volunteers;
17 2. identifying, investigating, referring and resolving complaints that
18 are made by, or on behalf of individuals relative to access to services
19 provided by the office for people with developmental disabilities or
20 care coordination or other providers certified and/or authorized by the
21 office to provide services to people with developmental disabilities[,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09535-02-6
A. 7465--A 2
1 and access to initial and continuing intellectual and developmental
2 disability services and supports];
3 3. providing assistance for navigating and completing processes, such
4 as paperwork and documentation, to access services provided by the
5 office for people with developmental disabilities or the care coordi-
6 nation provided by health homes serving individuals with developmental
7 disabilities to individuals or services provided by other providers,
8 and/or anyone seeking assistance on their behalf;
9 4. assisting individuals in filing and preparing appeals, and repres-
10 enting individuals in appeals and hearings concerning adverse benefit
11 determinations regarding services provided by the office for people with
12 developmental disabilities or health homes serving individuals with
13 developmental disabilities to individuals or services provided by other
14 providers;
15 5. collecting, tracking, and quantifying problems and inquiries
16 encountered by individuals; and
17 6. educating individuals on their rights and responsibilities with
18 respect to access to services provided by the office for people with
19 developmental disabilities and care coordination provided by health
20 homes serving individuals with developmental disabilities or services
21 provided by other providers.
22 (c) Notices and materials provided to individuals by the office for
23 people with developmental disabilities, providers of services, and the
24 health homes serving individuals with developmental disabilities shall
25 include the name, phone number and website address of the independent
26 developmental disability [ombudsman] ombudsperson program established by
27 the office for people with developmental disabilities pursuant to this
28 section. [The phone number shall be available for forty hours every
29 week.]
30 (d) Funds available for expenditure pursuant to this section for the
31 establishment of an independent developmental disability [ombudsman]
32 ombudsperson program may be allocated and distributed by the commission-
33 er of the office for people with developmental disabilities, subject to
34 the approval of the director of the budget, but only after the commis-
35 sioner of the office for people with developmental disabilities holds a
36 request for proposal process for the establishment of an independent
37 developmental disability [ombudsman] ombudsperson program. Only domestic
38 not-for-profit corporations shall be eligible to submit proposals for
39 such program. Entities that currently receive funding from the office
40 for people with developmental disabilities to provide services to people
41 with developmental disabilities, or to operate care coordination organ-
42 izations, or that bill the Medicaid program for medical or health care
43 services, shall be excluded from consideration. The commissioner of the
44 office for people with developmental disabilities shall consider all
45 competitive proposals submitted through such request for proposal proc-
46 ess and shall determine which proposal submitted is appropriate for the
47 establishment of an independent developmental disability [ombudsman]
48 ombudsperson program. In making such determination, applicants who
49 demonstrate experience providing advocacy or assistance to people with
50 developmental disabilities, experience operating a call center, or expe-
51 rience tracking and reporting on case activities while protecting indi-
52 vidual confidentiality shall receive deference for the award.
53 (e) Annually, no later than October thirty-first, the ombudsperson
54 shall submit an annual report summarizing the work of the program and
55 make recommendations to address systemic issues identified during the
56 previous year. Such annual report shall be submitted to the governor,
A. 7465--A 3
1 the temporary president of the senate, the speaker of the assembly and
2 the relevant legislative committee chairs.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law and shall apply to all policies and contracts
5 issued, renewed, modified, altered or amended on and after such date.
