NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7332
SPONSOR: Lupardo (MS)
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to providing state
operated opportunities for people with developmental disabilities
 
PURPOSE:
This bill would allow individuals with developmentally disabilities the
opportunity to transition into state-operated community settings while
still being taken care of by employees they know and trust. New York
State should ensure that there are state operated choices for any indi-
viduals with developmental disabilities that want them in their area.
 
SUMMARY OF PROVISIONS:
Section 1. The commissioner of the office for people with developmental
disabilities shall ensure that the continuity of care for individuals
with a developmental disability by offering state operated services
within the developmentally disabled service offices (DDSO) region where
they are currently receiving services. If no such state service as
requested by the individuals with a developmental disability or their
parent, guardian or advocate are available then the client shall remain
in the facility or residence until said services are available.
Section 2. The commissioner of the office for people with developmental
disabilities shall develop a record of services state operated support-
ive placement options that are not available with a plan to address the
unmet needs for the following fiscal year. Such commissioner shall
submit the plan to the temporary president of the senate and the speaker
of the assembly no later than December 31st of each year.
 
JUSTIFICATION:
In consideration of the Supreme Court's Olmstead decision, New York has
begun to close state run facilities and move people with developmental
disabilities in to community based settings.
Individuals served by OPWDD, parents, workers and community members have
expressed concern about the quality of services being provided in new
community based settings. While every person has a right to live in the
most unrestrictive setting possible, it is also imperative that they
continue receiving the quality services they need.
This bill will provide those services in an area close to home while the
transition from state run to community based services continues. By
allowing individuals and families members to choose to continue to
access the services they are accustomed to, much of the concern and
uncertainty that has arisen from this change will be alleviated.
 
LEGISLATIVE HISTORY:
New bill.
 
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7332
2015-2016 Regular Sessions
IN ASSEMBLY
May 6, 2015
___________
Introduced by M. of A. LUPARDO, CROUCH, GOTTFRIED, BRINDISI, SANTABAR-
BARA, BLAKE, ENGLEBRIGHT, DAVILA, MOSLEY, GALEF, SIMON, BARRON,
ARROYO, MONTESANO, DUPREY, NOJAY, KEARNS, RAIA, WALTER -- Multi-Spon-
sored by -- M. of A. ABBATE, BROOK-KRASNY, HAWLEY, LENTOL, LUPINACCI,
MAGEE, McDONALD, McDONOUGH, McLAUGHLIN, WALKER -- read once and
referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to providing state
operated opportunities for people with developmental disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13.17 of the mental hygiene law is amended by
2 adding a new subdivision (d) to read as follows:
3 (d) 1. The commissioner shall ensure for continuity of care for indi-
4 viduals with a developmental disability transitioning to less restric-
5 tive settings pursuant to any closure, consolidation, merger or any
6 other action that diminishes current state operated services. The
7 commissioner shall ensure that individuals with a developmental disabil-
8 ity so affected are given the option of transitioning to state operated
9 services within the developmentally disabled service offices region
10 where they are currently receiving services. If no such state service as
11 requested by the individuals with a developmental disability or their
12 parent, guardian or advocate are available then such individual shall
13 remain in the facility or residence until said services are available.
14 The commissioner shall document each offer of state operated opportu-
15 nities and shall retain a record of the services offered.
16 2. In the event no services desired by the individuals that are devel-
17 opmentally disabled are either available or exist within current state
18 operated services, the office shall record the name, parent, guardian or
19 advocate and services they are seeking. The commissioner shall develop a
20 record of services for state operated supportive placement options that
21 are not available with a plan to address the unmet needs for the follow-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09575-01-5
A. 7332 2
1 ing fiscal year. Such commissioner shall submit the plan to the tempo-
2 rary president of the senate and the speaker of the assembly no later
3 than December thirty-first of each year.
4 § 2. This act shall take effect immediately.