A07332 Summary:

BILL NOA07332
 
SAME ASSAME AS S04094
 
SPONSORLupardo
 
COSPNSRCrouch, Gottfried, Brindisi, Santabarbara, Blake, Englebright, Davila, Mosley, Galef, Simon, Barron, Arroyo, Montesano, Duprey, Nojay, Kearns, Raia, Walter, Schimel, Linares, Barrett, Hooper, Fahy
 
MLTSPNSRAbbate, Brennan, Hawley, Lentol, Lupinacci, Magee, McDonald, McDonough, McLaughlin, Saladino, Walker
 
Amd S13.17, Ment Hyg L
 
Provides for the continuity of care to persons with developmental disabilities upon diminution of state operated services to such persons.
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A07332 Actions:

BILL NOA07332
 
05/06/2015referred to mental health
06/02/2015reported referred to ways and means
06/15/2015reported referred to rules
06/15/2015reported
06/15/2015rules report cal.472
06/15/2015ordered to third reading rules cal.472
06/17/2015passed assembly
06/17/2015delivered to senate
06/17/2015REFERRED TO RULES
06/18/2015SUBSTITUTED FOR S4094
06/18/2015PASSED SENATE
06/18/2015RETURNED TO ASSEMBLY
11/10/2015delivered to governor
11/20/2015vetoed memo.239
11/20/2015tabled
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A07332 Memo:

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.
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A07332 Text:



 
                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.
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