STATE OF NEW YORK
________________________________________________________________________
8846--C
IN ASSEMBLY
February 20, 2014
___________
Introduced by M. of A. WEISENBERG, TITONE, ROSENTHAL, MOSLEY, MILLMAN,
CURRAN, RAIA, DUPREY, WALTER, COLTON, KEARNS, LUPARDO, CAHILL, JACOBS,
CUSICK, COOK, JAFFEE, McKEVITT, CERETTO, PALUMBO, DiPIETRO, RA,
CROUCH, FINCH, WEPRIN, PERRY, ZEBROWSKI, LIFTON, ABINANTI -- Multi-
Sponsored by -- M. of A. GIGLIO, HAWLEY, HEASTIE, HIKIND, KOLB,
MARKEY, PALMESANO, RIVERA, SCARBOROUGH, SCHIMEL, SIMANOWITZ, SWEENEY
-- read once and referred to the Committee on Mental Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- again reported from said committee with
amendments, ordered reprinted as amended and recommitted to said
committee -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT relating to the administration of services to people with devel-
opmental disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislature hereby finds that the policy known as the
2 "front door" is being implemented to allocate services to people with
3 developmental disabilities based on person-centered planning. Widespread
4 reports suggest that the number of persons in critical need is growing
5 larger and more severe for a broad range of people with developmental
6 disabilities, including those transitioning out of school, those living
7 with aging caregivers, and those who live at home but are in need of
8 more intensive services. Compounding this situation, it has been found
9 that while individuals linger in inappropriate settings there are vacan-
10 cies that remain at provider agencies. To reduce delays and create a
11 more efficient and seamless coordination of services, it is paramount
12 that transparent and more timely guidance is provided to individuals in
13 need of services and their families. In addition, clear guidance must be
14 given to providers of services to ensure that services are utilized in a
15 meaningful and thoughtful manner.
16 § 2. The commissioner of the office for people with developmental
17 disabilities, in collaboration with the developmental disabilities advi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13869-12-4
A. 8846--C 2
1 sory council established pursuant to section 13.05 of the mental hygiene
2 law, shall develop a plan for implementing the front door process. Such
3 commissioner shall submit the plan to the temporary president of the
4 senate and the speaker of the assembly no later than January 1, 2015 and
5 implement guidelines putting the plan into effect no later than April 1,
6 2015. The plan shall consist of proposals to address the following:
7 (a) The critical needs of people with developmental disabilities
8 living at home with persons whose ability to act as caregiver has been
9 diminished by age, disability or any other relevant factors and develop
10 clear and transparent guidelines for when in-home placement is appropri-
11 ate and when out-of-home placement is appropriate. Such guidelines shall
12 address what services are necessary to enable the family to continue to
13 provide care for the person at their home and in accordance with proce-
14 dures established by the office, when continued care by the family may
15 adversely affect the health, safety or welfare of the person with devel-
16 opmental disabilities and/or his or her family and require an independ-
17 ent community setting.
18 (b) Develop, and update quarterly, waiting lists for services provided
19 to people with developmental disabilities.
20 (c) Provide clear and specific guidelines outlining criteria for when
21 self-direction is and is not appropriate for individuals.
22 (d) Provide guidelines for a clear, expeditious and transparent proc-
23 ess for allocating residential placements and other critical services to
24 persons based on their individual needs. Such process shall be consist-
25 ent across the state and where exceptions are made such exceptions shall
26 be made in explicit recognition of clear and rational factors. Such
27 guidelines shall:
28 (1) Ensure that critical needs are met in a timely fashion;
29 (2) Provide an expedited appeals process to review and finally deter-
30 mine authorized requests for critical services when the state has not
31 granted such a request promptly considering the circumstances, provided,
32 however, that such appeal must be authorized if the request has not been
33 granted within ten business days.
34 (3) Provide linguistically and culturally appropriate information on
35 services and access to services in a universally clear and transparent
36 manner.
37 (4) Provide designated staff which may include a Medicaid service
38 coordinator to assist prospective service recipients and their families
39 with navigating the front door process.
40 (5) Provide a process to ensure that people in crisis are not subject
41 to the front door process and receive immediate services.
42 (6) Report on the extent to which the front door policy, as it has
43 been implemented, is consistent with applicable requirements for the
44 home and community based waiver regarding timeliness of decisions,
45 comprehensiveness of necessary services, choice, persons centered plan-
46 ning and other matters affecting the appropriateness and adequacy of
47 services for people with developmental disabilities.
48 (7) Provide guidelines to facilitate and support the evaluation of
49 post-secondary options for individuals with developmental disabilities
50 consistent with subparagraph 5 of paragraph b of subdivision 1 of
51 section 4402 of the education law.
52 § 3. This act shall take effect immediately.
