Establishes a program in the department of health to arrange for the provision of services to the disabled in the most integrated setting; calls for coordination with department of education and mental hygiene and the office of children and family assistance; establishes programmatic requirements for the provision of services, financing, and a coordinating council.
STATE OF NEW YORK
________________________________________________________________________
1680
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to providing for the
provision of services to individuals with disabilities in the most
integrated setting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article
2 26-B to read as follows:
3 ARTICLE 26-B
4 MOST INTEGRATED SETTING PROGRAM
5 Section 2640. Most integrated setting program.
6 2641. Definitions.
7 2642. Functions, powers, and duties of the department.
8 2643. Funding of program services.
9 2644. Most integrated setting coordinating council.
10 § 2640. Most integrated setting program. The department shall have
11 the central responsibility for administering the provisions of this
12 article and otherwise coordinating the state's policies with respect to
13 providing services in the most integrated setting to individuals with
14 disabilities, in consultation with the department of education, the
15 office of children and family services, the office of the advocate for
16 the disabled, the office of mental retardation and developmental disa-
17 bilities, the office of mental health, and the commission on quality of
18 care for the mentally disabled.
19 § 2641. Definitions. As used in this article:
20 1. "Most integrated setting" means the provision of services to people
21 with disabilities in a non-institutional, community-based setting,
22 including but not limited to an independent apartment, supportive hous-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00276-01-9
A. 1680 2
1 ing, living in the household of another, or transitional congregate
2 housing.
3 2. "Eligible person with a disability" means an individual of any age
4 who requires assistance in performing one or more activities of daily
5 living, who is in an institutional setting or is determined to be at
6 risk of institutionalization if appropriate services are not provided,
7 and who is not served by a waiver program administered by the state.
8 § 2642. Functions, powers, and duties of the department. The depart-
9 ment shall:
10 1. Develop a comprehensive statewide program that includes, but is not
11 limited to: medical, housing, social, vocational, educational, transpor-
12 tation, personal assistance, community re-entry services, assistive
13 technology, and other essential services;
14 2. Develop outreach services to identify individuals in nursing homes
15 who could live in a most integrated setting;
16 3. Track the amount and cost of services provided to eligible persons
17 with disabilities placed in institutional settings; and
18 4. Develop community-based, non-institutional services for eligible
19 persons with disabilities, with program aggregate costs equal to or less
20 than those of institutional care.
21 § 2643. Funding of program services. 1. The department shall develop
22 a biennial plan and priorities for the funding of the services and
23 programs required by this article, with an emphasis on the development
24 and expansion of community-based services and programs.
25 2. The department shall develop a medicaid waiver program that will
26 fund a comprehensive service program. The local cost-share for such a
27 waiver shall be equal to, or less than the local cost-share for nursing
28 home care.
29 3. The department shall, to the extent feasible, utilize existing
30 organizations with demonstrated interest and expertise in serving
31 persons with disabilities and shall, within funds available, enter into
32 contracts with such organizations.
33 § 2644. Most integrated setting coordinating council. 1. The most
34 integrated setting coordinating council is hereby established and shall
35 consist of: the commissioner, representatives of each office or depart-
36 ment listed in section twenty-six hundred forty of this article. In
37 addition the council shall consist of the following persons: four
38 persons appointed by the governor, two of whom shall be persons with
39 disabilities and two of whom shall be representative of the public and
40 have a demonstrated expertise and interest in the provision of services
41 in the most integrated setting; two persons appointed by the temporary
42 president of the senate, one of whom shall be a person with a disability
43 and one of whom shall be representative of the public and have a demon-
44 strated expertise and interest in the provision of services in the most
45 integrated setting; two persons appointed by the speaker of the assem-
46 bly, one of whom shall be a person with a disability and one of whom
47 shall be representative of the public and have a demonstrated expertise
48 and interest in the provision of services in the most integrated
49 setting; one person appointed by the minority leader of the senate; and
50 one person appointed by the minority leader of the assembly.
51 2. The terms of the appointees shall be determined as follows: the
52 governor's appointees; two one year terms, one two year term and one
53 three year term; temporary president's appointees, one two year term and
54 one three year term; speaker's appointee, one two year term and one
55 three year term; minority leaders' appointments, one year terms. Subse-
A. 1680 3
1 quent appointments shall be for three years and shall be filled in the
2 same manner.
3 3. The council shall recommend to the department long range objec-
4 tives, goals and priorities. It shall also provide advice on the plan-
5 ning, coordination, and development of needed services.
6 4. The members of the council shall receive no compensation for their
7 services, but shall be allowed their actual and necessary expenses
8 incurred in the performance of their duties, subject to the approval of
9 the commissioner.
10 § 2. This act shall take effect on the one hundred twentieth day after
11 it shall have become a law; provided that the commissioner of health is
12 authorized to promulgate any and all rules and regulations and take any
13 other measures necessary to implement this act on its effective date on
14 or before such effective date.
