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S06641 Summary:

S06641 Actions:

S06641 Floor Votes:

S06641 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6641--C
 
                    IN SENATE
 
                                    February 21, 2014
                                       ___________
 
        Introduced  by  Sens.  CARLUCCI,  AVELLA, MAZIARZ, RANZENHOFER, TKACZYK,
          VALESKY -- read twice and ordered printed,  and  when  printed  to  be
          committed to the Committee on Mental Health and Developmental Disabil-
          ities  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee -- reported  favorably  from

          said  committee and committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  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-

    18  sory council established pursuant to section 13.05 of the mental hygiene
    19  law, shall develop a plan for implementing the front door process.  Such
    20  commissioner  shall  submit  the  plan to the temporary president of the
    21  senate and the speaker of the assembly no later than January 1, 2015 and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13869-13-4
        S. 6641--C                          2
 
     1  implement guidelines putting the plan into effect no later than April 1,
     2  2015. The plan shall consist of proposals to address the following:
     3    (a)  The  critical  needs  of  people  with developmental disabilities
     4  living at home with persons whose ability to act as caregiver  has  been

     5  diminished  by age, disability or any other relevant factors and develop
     6  clear and transparent guidelines for when in-home placement is appropri-
     7  ate and when out-of-home placement is appropriate. Such guidelines shall
     8  address what services are necessary to enable the family to continue  to
     9  provide  care for the person at their home and in accordance with proce-
    10  dures established by the office, when continued care by the  family  may
    11  adversely affect the health, safety or welfare of the person with devel-
    12  opmental  disabilities and/or his or her family and require an independ-
    13  ent community setting.
    14    (b) Develop, and update quarterly, waiting lists for services provided
    15  to people with developmental disabilities.
    16    (c) Provide clear and specific guidelines outlining criteria for  when
    17  self-direction is and is not appropriate for individuals.

    18    (d)  Provide guidelines for a clear, expeditious and transparent proc-
    19  ess for allocating residential placements and other critical services to
    20  persons based on their individual needs. Such process shall be  consist-
    21  ent across the state and where exceptions are made such exceptions shall
    22  be  made  in  explicit  recognition  of clear and rational factors. Such
    23  guidelines shall:
    24    (1) Ensure that critical needs are met in a timely fashion;
    25    (2) Provide an expedited appeals process to review and finally  deter-
    26  mine  authorized  requests  for critical services when the state has not
    27  granted such a request promptly considering the circumstances, provided,
    28  however, that such appeal must be authorized if the request has not been
    29  granted within ten business days.
    30    (3) Provide linguistically and culturally appropriate  information  on

    31  services  and  access to services in a universally clear and transparent
    32  manner.
    33    (4) Provide designated staff which  may  include  a  Medicaid  service
    34  coordinator  to assist prospective service recipients and their families
    35  with navigating the front door process.
    36    (5) Provide a process to ensure that people in crisis are not  subject
    37  to the front door process and receive immediate services.
    38    (6)  Report  on  the  extent to which the front door policy, as it has
    39  been implemented, is consistent with  applicable  requirements  for  the
    40  home  and  community  based  waiver  regarding  timeliness of decisions,
    41  comprehensiveness of necessary services, choice, persons centered  plan-
    42  ning  and  other  matters  affecting the appropriateness and adequacy of
    43  services for people with developmental disabilities.

    44    (7) Provide guidelines to facilitate and  support  the  evaluation  of
    45  post-secondary  options  for individuals with developmental disabilities
    46  consistent with subparagraph 5  of  paragraph  b  of  subdivision  1  of
    47  section 4402 of the education law.
    48    § 3. This act shall take effect immediately.