S01109 Summary:

BILL NOS01109D
 
SAME ASSAME AS A08452
 
SPONSORMAZIARZ
 
COSPNSRGALLIVAN, GRISANTI, KENNEDY
 
MLTSPNSR
 
Amd SS13.15 & 16.01, Ment Hyg L
 
Enacts the "people first act of 2014"; defines terms; ensures that individuals with developmental disabilities who utilize long-term care services under the medical assistance program administered by the state have meaningful access to a reasonable array of community-based and institutional program options to ensure the well-being of such individuals.
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S01109 Actions:

BILL NOS01109D
 
01/09/2013REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
01/11/2013AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
01/11/2013PRINT NUMBER 1109A
05/02/2013AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
05/02/2013PRINT NUMBER 1109B
06/05/2013REPORTED AND COMMITTED TO FINANCE
06/07/2013AMEND AND RECOMMIT TO FINANCE
06/07/2013PRINT NUMBER 1109C
01/08/2014REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
01/09/2014AMEND (T) AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
01/09/2014PRINT NUMBER 1109D
02/04/2014REPORTED AND COMMITTED TO FINANCE
06/16/2014COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/16/2014ORDERED TO THIRD READING CAL.1372
06/16/2014SUBSTITUTED BY A8452
 A08452 AMEND= Gunther
 01/16/2014referred to mental health
 01/27/2014reported referred to ways and means
 05/19/2014reported
 05/22/2014advanced to third reading cal.767
 05/29/2014passed assembly
 05/29/2014delivered to senate
 05/29/2014REFERRED TO FINANCE
 06/16/2014SUBSTITUTED FOR S1109D
 06/16/20143RD READING CAL.1372
 06/16/2014PASSED SENATE
 06/16/2014RETURNED TO ASSEMBLY
 11/10/2014delivered to governor
 11/21/2014vetoed memo.496
 11/21/2014tabled
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S01109 Floor Votes:

There are no votes for this bill in this legislative session.
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S01109 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1109--D
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens. MAZIARZ, GALLIVAN, GRISANTI, KENNEDY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on  Mental  Health  and  Developmental   Disabilities   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted

          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to  said  committee  --  reported
          favorably  from  said  committee  and  committed  to  the Committee on
          Finance -- committee discharged, bill amended,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Mental Health and Developmental Disabilities  in  accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  mental hygiene law, in relation to enacting the
          "people first act of 2014"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as

     2  the "people first act of 2014".
     3    § 2. Legislative findings. It is the  intent  of  the  legislature  to
     4  ensure  that  individuals  with  developmental  disabilities who utilize
     5  long-term care services under the medical assistance program  and  other
     6  long-term  care  related benefit programs administered by the state have
     7  meaningful and reliable access to a reasonable array of  community-based
     8  and  institutional program options and to ensure the well-being of indi-
     9  viduals with  developmental  disabilities,  taking  into  account  their
    10  informed  and  expressed  choices. Furthermore, the legislature declares
    11  that it is the policy of the state to ensure that the clinical,  habili-
    12  tative,  and social needs of individuals with developmental disabilities
    13  who choose to reside in integrated  community-based  settings  can  have

    14  those  needs  met  in  integrated  community-based settings. In order to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02298-10-3

        S. 1109--D                          2
 
     1  meaningfully comply with this policy, the state must have an understand-
     2  ing of the existing capacity  in  integrated  community-based  settings,
     3  including  direct support professionals and licensed professionals, such
     4  as physicians, dentists, nurse practitioners, nurses, and psychiatrists,
     5  as well as residential capacity to provide for these needs.
     6    It  is  further the intent of the legislature to support the satisfac-
     7  tion and success of consumers through the delivery of  quality  services

     8  and supports. Evaluation of the services that consumers receive is a key
     9  aspect  to  the service system. Utilizing the information that consumers
    10  and their families provide about such services in a reliable  and  mean-
    11  ingful  way is also critical to enable the commissioner of developmental
    12  disabilities to assess the  performance  of  the  state's  developmental
    13  services  system and to improve services for consumers in the future. To
    14  that end, the commissioner of developmental disabilities shall conduct a
    15  geographic analysis of supports and services in community  settings  and
    16  implement  an improved, unified quality assessment system, in accordance
    17  with this act.
    18    § 3. Section 13.15 of the mental hygiene law is amended  by  adding  a
    19  new subdivision (c) to read as follows:
    20    (c)  (1)  For  purposes of this subdivision, the following terms shall

    21  have the following meanings:
    22    (i) "Direct  support  professionals"  means  direct  support  workers,
    23  direct care workers, personal assistants, personal attendants, and para-
    24  professionals  that provide assistance to individuals with developmental
    25  disabilities in the form of daily living, and provide the  habilitation,
    26  rehabilitation, and training needs of these individuals.
    27    (ii)  "Licensed  professionals"  means,  but is not limited to, physi-
    28  cians, dentists, dental hygienists, dental assistants, nurse practition-
    29  ers,  licensed  practical  nurses,  registered  nurses,   psychiatrists,
    30  psychologists,  licensed  master  social  workers,  or licensed clinical
    31  social workers, licensed to practice pursuant to the education  law  and

    32  other qualified mental health professionals.
    33    (iii)  "Supports  and  services"  means  direct support professionals,
    34  licensed professionals, and residential  services,  including,  but  not
    35  limited  to,  private  residences,  community-integrated living arrange-
    36  ments, supported residential programs, supervised residential  programs,
    37  or supportive housing programs.
    38    (2)  Subject  to  available  appropriations therefor, the commissioner
    39  shall conduct a geographic analysis of supports and services in communi-
    40  ty settings for individuals with developmental disabilities. This analy-
    41  sis shall also identify gaps between required supports and  services  by
    42  region of the state.

    43    (3)  In order to perform the geographic analysis or to gather data for
    44  purposes of performing the geographic  analysis,  the  commissioner  may
    45  work  in  cooperation  and  agreement with other offices, departments or
    46  agencies of the state, local or federal government, or  other  organiza-
    47  tions  and  individuals,  which  may  include  providers of services for
    48  persons with developmental disabilities, representatives  from  employee
    49  organizations representing direct care workers, consumer representatives
    50  including  persons  with developmental disabilities, or their parents or
    51  guardians.
    52    (4) In conducting this activity, the commissioner, subject  to  avail-
    53  able  appropriations  therefor,  shall  develop  and utilize a web-based

    54  data-base which  prioritizes  the  urgency  of  need  for  supports  and
    55  services.  The  information  collected  should allow the commissioner to
    56  categorize needs for developmental disability services within  a  frame-

        S. 1109--D                          3
 
     1  work  that  encompasses three levels of urgency of needs. These level of
     2  support needs should include: emergency need,  for  those  persons  with
     3  developmental  disabilities  in  need  of  immediate  support either day
     4  support  or  in-home  or  out-of-home placement; critical need for those
     5  individuals who will have a need for supports  or  services  within  one
     6  year;  and  planning for need, for those individuals whose support needs

     7  are one to five years away, or where  the  caregiver  is  age  sixty  or
     8  older.
     9    (5)  Such  an analysis should include the statewide number of individ-
    10  uals seeking services, including awaiting placement broken down into the
    11  total number of individuals from within each regional services  office's
    12  geographic  area  who  await residential placement, day service support,
    13  home and community-based waiver support, employment support,  behavioral
    14  health  services  and  supports,  or other community-based support. Such
    15  information should be grouped by the  age  of  the  individual  awaiting
    16  community  services and supports and the age of their caregiver, if any.
    17  Such information should also include waitlist and placement  information

    18  such as:
    19    (i) the type of supports and services such individuals are expected to
    20  require  divided  into  certified  out-of-home,  supervised,  supportive
    21  placement needs and other non-placement needs and  the  number  of  such
    22  persons who are medically frail requiring intensive medical care;
    23    (ii)  non-certified  residential  placements  outside  the parent's or
    24  parents' or other caregiver's home;
    25    (iii) the number of individuals expected to require home and community
    26  services waiver-funded habilitation services at home;
    27    (iv) the total number of individuals, who have been identified  as  in
    28  need  of  supports  and  services  who  have received these supports and

    29  services and any gap between required  supports  and  services  and  the
    30  supports and services provided;
    31    (v)  the  number of emergency need residential placements for the past
    32  year and other supports and services provided on an emergency basis;
    33    (vi) the number of individuals who are  currently  receiving  supports
    34  and services, including residential services, whose current living situ-
    35  ation is not adequate to meet their needs and who are awaiting an alter-
    36  native placement or alternative support and service delivery options;
    37    (vii)  projected funding requirements for individuals identified as in
    38  need of services pursuant to paragraph four of this subdivision;
    39    (viii) an updated five year projection of individuals who will require

    40  either additional in-home supports and services and/or out-of-home resi-
    41  dential placements; and
    42    (ix) any other information deemed necessary by the commissioner.
    43    (6) The commissioner shall prepare  annually  for  the  governor,  the
    44  legislature  and  the  justice  center for the protection of people with
    45  special needs a written evaluation report  concerning  the  delivery  of
    46  supports  and  services  in  the community. On or before March first, in
    47  each year, the commissioner shall submit a copy of such report, and such
    48  recommendation as he or she deems  appropriate,  to  the  governor,  the
    49  temporary  president  of  the  senate,  the speaker of the assembly, the
    50  respective minority leaders of each such house, and  the  chair  of  the

    51  state commission on quality of care for the mentally disabled. The first
    52  such  report  shall  be  due  by no later than March first, two thousand
    53  fifteen. The report shall also be made available to the public and shall
    54  be published on the office's website in an appropriate location  at  the
    55  same time as its submission to state officials.

        S. 1109--D                          4
 
     1    §  4.  Subdivision  (c) of section 16.01 of the mental hygiene law, as
     2  added by chapter 234 of the laws of 1998,  paragraph  1  as  amended  by
     3  chapter 37 of the laws of 2011, is amended to read as follows:
     4    (c)  (1) Notwithstanding any other provision of law, the commissioner,
     5  or his or her designee, may require from any hospital, as defined  under

     6  article  twenty-eight of the public health law, any information, report,
     7  or record necessary for the  purpose  of  carrying  out  the  functions,
     8  powers  and  duties  of the commissioner related to the investigation of
     9  deaths and complaints of  abuse,  mistreatment,  or  neglect  concerning
    10  persons  with  developmental  disabilities  who receive services, or had
    11  prior to death received services, in a facility as  defined  in  section
    12  1.03 of this chapter, or are receiving medicaid waiver services from the
    13  office  for  people  with  developmental disabilities in a non-certified
    14  setting, and have been treated at such hospitals.
    15    (2) Any information, report, or record requested by  the  commissioner
    16  or  his or her designee pursuant to this subdivision shall be limited to
    17  that information that the  commissioner  determines  necessary  for  the

    18  completion of this investigation.
    19    (3)  The information, report or record received by the commissioner or
    20  his or her designee pursuant to this subdivision  shall  be  subject  to
    21  section two thousand eight hundred five-m, section eighteen, as added by
    22  chapter four hundred ninety-seven of the laws of nineteen hundred eight-
    23  y-six,  and  article  twenty-seven-F  of  the public health law, section
    24  33.13 of this chapter, and any applicable federal statute or regulation.
    25    § 5. This act shall take effect immediately.
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