Requires that all funding to the office for people with developmental disabilities reflect current economic conditions; establishes mandatory minimum funding.
STATE OF NEW YORK
________________________________________________________________________
10307
IN SENATE
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:
1 Section 1. The mental hygiene law is amended by adding a new section
2 16.36 to read as follows:
3 § 16.36 Self-direction funding adjustments.
4 1. Notwithstanding any inconsistent provision of law, rule or regu-
5 lation, the commissioner shall adjust all applicable funding limits
6 within the self-direction program administered by the office for people
7 with developmental disabilities, including but not limited to Other Than
8 Personal Services (OTPS), Family Reimbursed Respite (FRR), and all
9 subcategories within Individual Directed Goods and Services (IDGS), to
10 reflect cumulative cost-of-living adjustments enacted in state budgets
11 since January first, two thousand twenty. Such adjustments shall be
12 completed no later than April first, two thousand twenty-seven.
13 2. The following minimum funding floors shall apply upon the effective
14 date of this section and shall not be reduced by the commissioner or by
15 regulation:
16 (a) Other Than Personal Services (OTPS): not less than three thousand
17 five hundred dollars per plan year;
18 (b) Family Reimbursed Respite (FRR): not less than three thousand five
19 hundred dollars per plan year;
20 (c) IDGS Health Club and Organizational Memberships subcategory: not
21 less than one thousand seven hundred fifty dollars per plan year;
22 (d) IDGS Camp subcategory: not less than four thousand seven hundred
23 dollars per plan year; and
24 (e) IDGS Coaching and Education for Parent, Spouse, or Advocate
25 subcategory: not less than five hundred eighty-five dollars per plan
26 year.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15848-01-6
S. 10307 2
1 3. Beginning April first, two thousand twenty-seven, and on the first
2 day of each subsequent state fiscal year, the commissioner shall adjust
3 all funding limits and subcategory caps set forth in subdivision two of
4 this section based on the human services cost-of-living adjustment
5 included in the enacted state budget for that fiscal year. Such annual
6 adjustment is mandatory and shall be applied without further legislative
7 action. The commissioner shall not apply any annual adjustment that
8 would reduce a funding limit below the floors established in subdivision
9 two of this section.
10 4. The commissioner shall publish updated funding limits and the meth-
11 odology used for each annual adjustment no later than thirty days prior
12 to the beginning of each state fiscal year. Failure to publish shall not
13 stay the effectiveness of the required adjustment.
14 5. The commissioner shall be subject to administrative oversight and
15 compliance review by the legislature, the state comptroller, and the
16 division of the budget with respect to the adjustments required under
17 this section. Any individual enrolled in the self-direction program who
18 is adversely affected by a failure to implement the required adjustments
19 may file a complaint with the office of the Medicaid inspector general
20 or seek administrative review pursuant to applicable procedures under
21 this chapter.
22 § 2. This act shall take effect April 1, 2027. Effective immediately,
23 the addition, amendment and/or repeal of any rule or regulation neces-
24 sary for the implementation of this act on its effective date are
25 authorized to be made and completed on or before such effective date.
