Establishes the office of the independent intellectual and developmental disability ombudsman program for the purpose of assisting individuals with intellectual or developmental disabilities to ensure that they receive coverage from managed care organizations that is appropriate in meeting their individual service needs.
STATE OF NEW YORK
________________________________________________________________________
7728
2019-2020 Regular Sessions
IN ASSEMBLY
May 17, 2019
___________
Introduced by M. of A. BUTTENSCHON, GUNTHER -- read once and referred to
the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the establishment
of the independent intellectual and 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. The mental hygiene law is amended by adding a new section
2 33.29 to read as follows:
3 § 33.29 Independent intellectual and developmental disability ombudsman
4 program.
5 (a) There is hereby established the office of the independent intel-
6 lectual and developmental disability ombudsman program that will be
7 operated or selected by the office for people with developmental disa-
8 bilities for the purpose of assisting individuals with an intellectual
9 or developmental disability to ensure that they receive coverage from
10 managed care organizations that is appropriate in meeting their individ-
11 ual service needs.
12 (b) Such ombudsman will identify, investigate, refer and resolve
13 complaints that are made by, or on behalf of, consumers relative to
14 coverage under a managed care organization and access to initial and
15 continuing intellectual and developmental disability services and
16 supports; and accept, investigate, refer and help to resolve complaints
17 that are made by or on behalf of consumers or by providers relative to
18 network adequacy for access to intellectual and developmental disability
19 services and supports.
20 (c) Notwithstanding sections one hundred twelve and one hundred
21 sixty-three of the state finance law and section one hundred forty-two
22 of the economic development law, or any other inconsistent provision of
23 law, funds available for expenditure pursuant to this section for the
24 establishment of an ombudsman program for intellectual and developmental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11224-01-9
A. 7728 2
1 disability, may be allocated and distributed by the commissioner of the
2 office for people with developmental disabilities, subject to the
3 approval of the director of the budget, without a competitive bid or
4 request for proposal process for the establishment of an ombudsman
5 program for intellectual and developmental disability. Provided, howev-
6 er, that such allocation or distribution must be based on objective
7 criteria and an allocation methodology that is approved by the director
8 of the budget.
9 § 2. This act shall take effect on the one hundred eightieth day after
10 it shall have become a law.
