Directs the independent developmental disability ombudsman 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 ombudsman 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.
STATE OF NEW YORK
________________________________________________________________________
1577--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON, DARLING, EPSTEIN, CUNNINGHAM, McDO-
NALD, STERN, GUNTHER, DeSTEFANO, GONZALEZ-ROJAS, SILLITTI -- read once
and referred to the Committee on People with Disabilities -- recommit-
ted 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 ombudsman 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 program.
5 (a) There is hereby established by the office for people with develop-
6 mental disabilities the independent developmental disability ombudsman
7 program for the purpose of assisting individuals with developmental
8 disabilities to ensure access by such individuals to services and to
9 preserve their rights.
10 (b) Such ombudsman program shall have the following duties, including,
11 but not limited to:
12 1. establishing a service delivery structure based in New York state
13 that includes a toll-free telephone hotline, an interactive website, and
14 availability of in-person, telephone and email access to ombudsman
15 program staff or volunteers;
16 2. identifying, investigating, referring and resolving complaints that
17 are made by, or on behalf of individuals relative to access to services
18 provided by the office for people with developmental disabilities or
19 care coordination or other providers certified and/or authorized by the
20 office to provide services to people with developmental disabilities[,
21 and access to initial and continuing intellectual and developmental
22 disability services and supports];
23 3. providing assistance for navigating and completing processes, such
24 as paperwork and documentation, to access services provided by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05102-03-3
A. 1577--A 2
1 office for people with developmental disabilities or the care coordi-
2 nation provided by health homes serving individuals with developmental
3 disabilities to individuals or services provided by other providers,
4 and/or anyone seeking assistance on their behalf;
5 4. assisting individuals in filing and preparing appeals, and repres-
6 enting individuals in appeals and hearings concerning adverse benefit
7 determinations regarding services provided by the office for people with
8 developmental disabilities or health homes serving individuals with
9 developmental disabilities to individuals or services provided by other
10 providers;
11 5. collecting, tracking, and quantifying problems and inquiries
12 encountered by individuals; and
13 6. educating individuals on their rights and responsibilities with
14 respect to access to services provided by the office for people with
15 developmental disabilities and care coordination provided by health
16 homes serving individuals with developmental disabilities or services
17 provided by other providers.
18 (c) Notices and materials provided to individuals by the office for
19 people with developmental disabilities, providers of services, and the
20 health homes serving individuals with developmental disabilities shall
21 include the name, phone number and website address of the independent
22 developmental disability ombudsman program established by the office for
23 people with developmental disabilities pursuant to this section. [The
24 phone number shall be available for forty hours every week.]
25 (d) Funds available for expenditure pursuant to this section for the
26 establishment of an independent developmental disability ombudsman
27 program may be allocated and distributed by the commissioner of the
28 office for people with developmental disabilities, subject to the
29 approval of the director of the budget, but only after the commissioner
30 of the office for people with developmental disabilities holds a request
31 for proposal process for the establishment of an independent develop-
32 mental disability ombudsman program. Only domestic not-for-profit corpo-
33 rations shall be eligible to submit proposals for such program. Entities
34 that currently receive funding from the office for people with develop-
35 mental disabilities to provide services to people with developmental
36 disabilities, or to operate care coordination organizations, or that
37 bill the Medicaid program for medical or health care services, shall be
38 excluded from consideration. The commissioner of the office for people
39 with developmental disabilities shall consider all competitive proposals
40 submitted through such request for proposal process and shall determine
41 which proposal submitted is appropriate for the establishment of an
42 independent developmental disability ombudsman program. In making such
43 determination, applicants who demonstrate experience providing advocacy
44 or assistance to people with developmental disabilities, experience
45 operating a call center, or experience tracking and reporting on case
46 activities while protecting individual confidentiality shall receive
47 deference for the award.
48 § 2. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law and shall apply to all policies and contracts
50 issued, renewed, modified, altered or amended on and after such date;
51 provided, however, that if section 1 of part KK of chapter 57 of the
52 laws of 2023 shall not have taken effect on or before such date then
53 this act shall take effect on the same date and in the same manner as
54 such section of such part of such chapter of the laws of 2023, takes
55 effect.
