STATE OF NEW YORK
________________________________________________________________________
4885--A
2013-2014 Regular Sessions
IN SENATE
April 30, 2013
___________
Introduced by Sens. CARLUCCI, GRISANTI -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Mental Health
and Developmental Disabilities -- reported favorably from said commit-
tee and committed to the Committee on Finance -- 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 creation of
the managed care for persons with developmental disabilities advocacy
program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13.40 of the mental hygiene law is amended by
2 adding a new subdivision (h) to read as follows:
3 (h) The commissioner and the commissioner of health shall jointly
4 establish the managed care for persons with developmental disabilities
5 advocacy program, hereinafter referred to as the advocacy program. The
6 advocacy program shall be integrated with and provided in addition to
7 independent Medicaid managed care ombuds services provided to persons
8 with disabilities enrolling in Medicaid managed care. The advocacy
9 program shall: advise individuals of applicable rights and responsibil-
10 ities, including, but not limited to, the right to treatment, person
11 centered care, care in the most integrated setting, and the right to
12 contest decisions made by a managed care company; provide information,
13 referrals and technical assistance to address the needs of individuals
14 with disabilities; and pursue legal, administrative and other appropri-
15 ate remedies or approaches to ensure the protection of and advocacy for
16 the rights of the enrollees. The advocacy program shall also provide
17 support to eligible individuals enrolling in DISCOs, HMOs providing
18 services pursuant to subdivision eight of section forty-four hundred
19 three of the public health law, managed long term care plans providing
20 services under subdivisions twelve, thirteen and fourteen of section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10533-06-3
S. 4885--A 2
1 forty-four hundred three-f of the public health law, fully integrated
2 dual advantage providing services under subdivision twenty-seven of
3 section three hundred sixty-four-j of the social services law, and any
4 other managed care entity; support during the person-centered planning
5 process and related processes including updates to the person-centered
6 care plan; and assistance with securing housing, employment, and commu-
7 nity-based supports and services that fall outside of the scope of DISCO
8 services and supports.
9 The commissioners shall jointly designate an independent agency or
10 organization to administer the advocacy program. Such agency shall be
11 the agency coordinating the independent Medicaid managed care ombuds
12 services, or a sub-contractor of that agency. The advocacy program shall
13 be advised by a board, whose membership shall reflect representation of
14 the developmental disability population.
15 § 2. Nothing in this act is intended to transfer to the developmental
16 disabilities advocacy program created by subdivision (h) of section
17 13.40 of the mental hygiene law any current duties, including Medicaid
18 service coordination, of state employees who are employed by the office
19 for people with developmental disabilities.
20 § 3. This act shall take effect immediately.
