Add Art 19-E §§460 - 467, rpld Art 25, §559, Exec L; rpld Art 23-A, Ed L; rpld Art 25, Priv Hous Fin L
Establishes the Office of Community Living to advocate on behalf of persons with disabilities and assure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of the state of New York and to promote and fund services that assist persons with disabilities to live independently in their home communities.
STATE OF NEW YORK
________________________________________________________________________
7247
IN SENATE
April 11, 2016
___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to establishing the
office of community living; and to repeal certain provisions of the
executive law, the education law and the private housing finance law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 19-E
2 to read as follows:
3 ARTICLE 19-E
4 OFFICE OF COMMUNITY LIVING
5 Section 460. Purpose.
6 461. Office of community living.
7 462. Director; general responsibilities.
8 463. Additional powers of the office of community living.
9 464. Most integrated setting coordinating council.
10 465. Independent living centers.
11 466. New York access to home program.
12 467. Other responsibilities of the office of community living.
13 § 460. Purpose. Persons with disabilities comprise a major segment of
14 the state of New York's population and their particular needs and
15 concerns must be considered as an integral part of the planning and
16 implementation of all state programs and services affecting their lives
17 and well-being. The office of community living shall advocate on behalf
18 of persons with disabilities and assure that persons with disabilities
19 are afforded the opportunity to exercise all of the rights and responsi-
20 bilities accorded to citizens of this state, and will promote and fund
21 services that assist persons with disabilities to live independently in
22 their home communities.
23 § 461. Office of community living. There is hereby established within
24 the executive department an office of community living. The office of
25 community living shall advise and assist the governor in developing
26 policies designed to help meet the needs of persons with disabilities
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14204-02-6
S. 7247 2
1 and to encourage the full participation of persons with disabilities in
2 society. The office of community living shall be the state's coordina-
3 tor for implementation of the Americans with Disabilities Act, and, as
4 such, is charged with coordinating state activities which insure that
5 state programs do not discriminate against and are accessible to persons
6 with disabilities. The office of community living shall also coordinate
7 the state's efforts to comply with the United States Supreme Court's
8 Olmstead decision. In its 1999, Olmstead v. L.C. decision, the United
9 States Supreme Court ruled that New York, like all states, in accordance
10 with the Americans with Disabilities Act (ADA), have an obligation to
11 provide services to individuals with disabilities in the most integrated
12 setting appropriate to their needs. A comprehensive Olmstead implementa-
13 tion plan that will address integrated housing, employment, transporta-
14 tion, community services and other important issues will affirm New
15 York's position as a national leader on disability rights. As such, the
16 office of community living will assume responsibility of chairmanship of
17 the most integrated settings coordinating council. The office for commu-
18 nity living shall also be responsible for funding services that promote
19 and advocate for independence and community living for persons with
20 disabilities.
21 § 462. Director; general responsibilities. The head of the office of
22 community living shall be the director, who shall be appointed by the
23 governor. The director shall receive a salary to be fixed by the gover-
24 nor within the amount appropriated therefor. The director, subject to
25 rules prescribed by the governor, may appoint and fix the compensation
26 of subordinates and employees of the division within the amounts appro-
27 priated therefor.
28 § 463. Additional powers of the office of community living. The office
29 of community living shall have the following additional powers:
30 1. Submission, reviews and recommendations. (a) Each division within
31 the executive department and all other departments of the state shall
32 submit to the office of community living for review proposed legis-
33 lation, regulations, orders and plans which may significantly affect the
34 lives or well-being of persons with disabilities in the state. Such
35 matters shall, in the case of proposed legislation, be submitted at
36 least thirty days prior to submission to the legislature and, in the
37 case of regulations, orders and plans, at least thirty days prior to the
38 effective date of this article.
39 (b) The office of community living shall review and report upon all
40 matters of significance submitted to it. The office shall submit reports
41 or other comments where appropriate to the division or department which
42 referred such matter evaluating (i) the impact of the proposed legis-
43 lation, regulation, order, or plan upon persons with disabilities; (ii)
44 the relationship and impact of such proposals on existing programs
45 affecting persons with disabilities; (iii) the desirability of such
46 proposals; and (iv) modifications that would enhance the impact of the
47 proposal upon persons with disabilities or aid in the implementation of
48 the new proposal.
49 2. Cooperation. All state agencies contemplating actions that would be
50 subject to review under this order shall inform the office of community
51 living as early as possible in the process of developing such proposals
52 and shall cooperate with the office of community living in carrying out
53 these responsibilities to assure that appropriate consideration is given
54 the needs and concerns of persons with disabilities.
55 § 464. Most integrated setting coordinating council. 1. Legislative
56 findings and intent. The Americans with Disabilities Act requires the
S. 7247 3
1 state of New York to ensure that people of all ages with disabilities
2 reside and function in the most integrated setting possible. This
3 requirement was recognized and upheld by the Supreme Court in the case
4 of Olmstead, Commissioner, Georgia Department of Human Resources, et al.
5 v. L.C., by Zimring, Guardian ad litem and Next Friend, et al. (138 F.
6 3d 893). While the state of New York provides community supports for
7 people of all ages with disabilities and while the state of New York
8 does operate a home and community-based waiver Medicaid program, the
9 legislature hereby finds that the state of New York has no centralized
10 mechanism in place to determine whether or not people of all ages with
11 disabilities are residing in the most integrated setting possible. In
12 order to ensure that the state of New York is in compliance with the
13 requirements of the Olmstead decision, the legislature hereby finds that
14 it is incumbent upon the state of New York to develop and implement a
15 plan to reasonably accommodate the desire of people of all ages with
16 disabilities to avoid institutionalization and be appropriately placed
17 in the most integrated setting possible.
18 2. Definitions. As used in this section the following terms shall have
19 the following meanings:
20 (a) "Council" means the most integrated setting coordinating council.
21 (b) "Disability" means, with respect to an individual:
22 (i) a physical or mental impairment that substantially limits one or
23 more of the major life activities of such individual;
24 (ii) a record of such an impairment; or
25 (iii) being regarded as having such an impairment.
26 (c) "Most integrated setting" means a setting that is appropriate to
27 the needs of the individual with the disability and enables that indi-
28 vidual to interact with nondisabled persons to the fullest extent possi-
29 ble.
30 3. Most integrated setting coordinating council; organization. (a) The
31 most integrated setting coordinating council is continued within the
32 executive department to have and exercise the functions powers and
33 duties provided by the provisions of this article and any other
34 provision of law. The council shall be comprised of the director of the
35 office of community living, and the commissioners of: the department of
36 health, the office of persons with developmental disabilities, the
37 office of mental health, the department of transportation, the office of
38 children and family services, the office of alcohol and substance abuse
39 services, the department of education, and the division of housing and
40 community renewal. In addition, the council shall consist of the direc-
41 tor of the office for the aging, a representative from the justice
42 center for persons with special needs, six consumers of services for
43 individuals with disabilities, two to be appointed by the governor, two
44 to be appointed by the temporary president of the senate, and two to be
45 appointed by the speaker of the assembly, three individuals with exper-
46 tise in the field of community services for people of all ages with
47 disabilities, one to be appointed by the governor, one to be appointed
48 by the temporary president of the senate, and one to be appointed by the
49 speaker of the assembly, and three individuals with expertise in or
50 recipients of services available to senior citizens with disabilities,
51 one to be appointed by the governor, one to be appointed by the tempo-
52 rary president of the senate, and one to be appointed by the speaker of
53 the assembly.
54 (b) The director of the office of community living shall be the chair-
55 person of the council.
S. 7247 4
1 (c) The council shall meet as necessary to carry out its functions,
2 powers and duties, but such meetings shall occur at least once each
3 quarter.
4 4. Functions, powers and duties of the council. (a) The council shall
5 develop, update and oversee the implementation of a comprehensive state-
6 wide plan for providing services to individuals of all ages with disa-
7 bilities in the most integrated setting. Such plan shall include, but
8 not be limited to:
9 (i) the number of individuals of all ages with disabilities who are
10 currently institutionalized and are eligible for services in community-
11 based settings, the number of individuals residing in the community who
12 are dependent on the assistance of community-based services to avoid
13 institutionalization and any improvements necessary to be made to
14 current data collection systems or any new data collection initiatives
15 necessary to obtain such information;
16 (ii) the current assessment procedures utilized to identify individ-
17 uals of all ages with disabilities who could benefit from services in a
18 more integrated setting and the development of a single assessment proc-
19 ess for individuals of all ages with disabilities in need of services,
20 to be implemented by one community-based agency in each county with
21 expertise in community-based services for people of all ages with disa-
22 bilities through the use of a uniform assessment tool;
23 (iii) the identification of what community-based services are avail-
24 able to individuals of all ages with disabilities in the state of New
25 York and an assessment of the extent to which these programs are able to
26 serve people in the most integrated settings;
27 (iv) the identification of what improvements need to be made to the
28 system of community-based services to ensure that the system is compre-
29 hensive, accessible, meets the needs of persons who are likely to
30 require assistance in order to live in the community and provides high
31 quality, adequate supports for individuals of all ages with disabili-
32 ties;
33 (v) an evaluation of the supports and services available to assist
34 individuals of all ages with disabilities who reside in their own homes
35 with the presence of other family members or other informal caregivers
36 and an evaluation of the supports and services available to address the
37 needs of individuals of all ages with disabilities who reside in their
38 own homes without family members or other informal caregivers;
39 (vi) an examination of how the identified community-based supports and
40 services integrate individuals of all ages with disabilities into the
41 community;
42 (vii) a review of what funding sources are available to increase the
43 availability of community-based services and an analysis of how the
44 varied funding sources available to meet the needs of individuals of all
45 ages with disabilities in the most integrated setting can be organized
46 into a coherent system of long term care which affords people reasonable
47 and timely access to community-based services;
48 (viii) an assessment of how well the current service system works for
49 different populations, including but not limited to, elderly people with
50 disabilities, people with physical disabilities, people with develop-
51 mental disabilities, people with mental illness, and people with HIV and
52 AIDS, and a review of changes that might be desirable to make services a
53 reality in the most integrated setting for all populations;
54 (ix) an examination of waiting lists for community-based services and
55 what might be done to ensure that waiting lists are created and accu-
S. 7247 5
1 rately maintained and that people are able to come off waiting lists and
2 receive needed community-based services at a reasonable pace;
3 (x) an examination of what information, education, outreach and refer-
4 ral systems might be useful to ensure that individuals of all ages with
5 disabilities receive the information necessary to make informed choices
6 regarding how their needs can best be met, including the evaluation of
7 the creation of a toll free hotline with information on community-based
8 services for individuals of all ages with disabilities;
9 (xi) an evaluation of how quality assurance and quality improvement
10 can be conducted effectively as more people of all ages with disabili-
11 ties live in community settings; and
12 (xii) an examination of how the overall system of health and long term
13 care can best be managed so that placement in the most integrated
14 setting becomes the norm.
15 (b) The council shall contract with an independent organization with
16 expertise in the provision of community-based services for individuals
17 of all ages with disabilities and with expertise in the area of program
18 evaluation research to conduct an evaluation of the council's plan
19 created pursuant to subdivision one of this section and the implementa-
20 tion of such plan.
21 (c) Each commissioner and director serving on the council shall ensure
22 that his or her agency implements every aspect of the plan developed
23 pursuant to subdivision one of this section which falls under the
24 responsibilities of his or her agency. The council shall oversee the
25 implementation of the plan created pursuant to subdivision one of this
26 section and shall update such plan as necessary to ensure that waiting
27 lists for community-based services for people of all ages with disabili-
28 ties are moving at a reasonable pace and to ensure that the state of New
29 York is developing a system of long term care that allows individuals of
30 all ages with disabilities to reside and function in the most integrated
31 setting.
32 (d) The council shall provide an annual report to the governor, the
33 temporary president of the senate and the speaker of the assembly. Such
34 report shall detail the plan developed pursuant to subdivision one of
35 this section, any changes made to such plan, all steps taken to imple-
36 ment such plan and their outcome, and any future actions planned.
37 (e) The plan to be developed under this article shall not be construed
38 to increase, decrease, or change the statutory authority of any person
39 or entity and shall be implemented consistent with all otherwise appli-
40 cable law.
41 § 465. Independent living centers. 1. Declaration of intent. Independ-
42 ent living centers greatly assist persons with disabilities to integrate
43 and live more independently in the community. Since their inception,
44 service centers for independent living have enhanced the ability of
45 persons with disabilities to pursue an independent and active lifestyle
46 within their community. In order to achieve this, it is necessary for
47 the state to provide funding to maintain existing service centers
48 designed to promote independent living and to encourage the establish-
49 ment of new centers. To maximize the effectiveness of these centers in
50 promoting independent living for persons with disabilities, and to opti-
51 mally utilize independent living centers in helping the state to meet
52 its obligations to persons with disabilities, the responsibility for
53 independent living should be transferred from the education department
54 to the office of community living.
S. 7247 6
1 2. Independent living centers; purpose and duties. An independent
2 living center shall be a community-based, non-residential program
3 designed to promote independent living for persons with disabilities.
4 (a) Such center shall:
5 (i) be a private not-for-profit corporation, pursuant to subparagraph
6 five of paragraph a of section one hundred two of the not-for-profit
7 corporation law; provided, however, that persons with disabilities
8 comprise at least fifty-one percent of the membership of the board of
9 directors;
10 (ii) be staffed by persons with persons with disabilities and other
11 persons experienced in assisting persons with disabilities;
12 (iii) provide services designed to meet the needs of persons with
13 disabilities, including such services as assisting persons with disabil-
14 ities to obtain housing, employment referral, transportation referral,
15 attendant care, independent living skills, peer counseling, advocacy
16 services, job training, health care, homemaker services, and other such
17 services as approved by the director;
18 (iv) train personnel for the purpose of attendant care in assisting
19 and serving persons with disabilities; and
20 (v) serve persons with disabilities.
21 (b) Such center may also, but need not limit itself to, provide disa-
22 bility awareness programs, peer counseling, role modeling and any other
23 appropriate services within elementary and secondary schools.
24 (c) Such service centers shall not be established or operated as a
25 residential or housing facility.
26 (d) Such service centers shall make maximum use of existing resources
27 available to persons with disabilities and shall not duplicate any
28 existing services or programs, to the extent that such services or
29 programs are available through other state sources to meet the needs of
30 persons with disabilities. Such centers shall however provide necessary
31 information and referral to assist a person with a disability in obtain-
32 ing such services and coordinate where possible the delivery of such
33 services to persons with disabilities.
34 (e) Such service centers shall be in compliance with all applicable
35 local laws and ordinances.
36 3. Office of community living; responsibilities. The office shall
37 assist individuals and organizations in the planning and establishment
38 of such service centers. The office shall ensure program accountability
39 and shall monitor and evaluate such centers.
40 4. Regulations. The office shall promulgate rules and regulations
41 necessary for the implementation of this article.
42 5. Distribution of funds. (a) Independent living centers shall be
43 funded out of appropriations available for such purposes to the extent
44 of the entire approved budget of such centers.
45 (b) Budgets submitted by independent living centers shall be approved
46 in accordance with regulations of the office.
47 (c) Independent living centers shall be located in the cities of Alba-
48 ny, Buffalo, Rochester, Syracuse, Utica, White Plains, Binghamton, King-
49 ston, Poughkeepsie, Jamestown, Yonkers, the counties of Queens, Kings,
50 Nassau, Bronx, Richmond and New York and the township of Brookhaven with
51 a satellite center in Central Islip in the county of Suffolk.
52 (d) Additional independent living centers shall be located in the
53 cities of Niagara Falls, Olean, Troy, Amsterdam, Newburgh, Corning,
54 Ithaca, Cortland, Auburn, Watertown, Plattsburgh, Batavia, Massena and
55 Glens Falls, the counties of Delaware and Rockland, the county of
56 Orange, in either the city of Middletown or Port Jervis or in the town
S. 7247 7
1 of Deerpark, Greenville, Mount Hope, Warwick or Wawayanda or in the
2 village of Goshen, in the county of New York to serve the Harlem commu-
3 nity, and in the counties of Putnam, Sullivan and Herkimer.
4 § 466. New York access to home program. 1. Statement of legislative
5 findings and purpose. The legislature hereby finds and declares that
6 there exists in the state of New York a serious need for financial and
7 technical resources to assist renters and property owners to make dwell-
8 ing units accessible for low and moderate income persons with disabili-
9 ties. Providing assistance with the cost of adapting homes will enable
10 many New Yorkers with disabilities to safely and comfortably continue
11 to, or return to, live in their residences instead of residing in an
12 institutional setting. To best accomplish this, the responsibility for
13 the program is transferred to the office of community living.
14 2. Definitions. As used in this article:
15 (a) "Office" shall mean the office of community living.
16 (b) "Eligible applicant" shall mean a city, town, village or not-for-
17 profit corporation in existence for a period of one or more years prior
18 to application, which is, or will be at the time of award, incorporated
19 under the not-for-profit corporation law and has substantial experience
20 in adapting or retrofitting homes for persons with disabilities.
21 (c) "Disabled veteran" shall mean a veteran who is certified by the
22 United States department of veterans affairs or the department of
23 defense as entitled to receive disability payments upon the certif-
24 ication of such department for a disability incurred by him or her in
25 time of war.
26 (d) "Access to home programs" or "programs" shall mean a series of
27 activities by an eligible applicant to administer funds to provide
28 either loans or grants to homeowners and renters and to oversee the
29 adaptation or retrofitting of eligible properties.
30 (e) "Eligible property" shall mean a housing unit that is the primary
31 residence of a person with a physical disability and a total household
32 income that does not exceed eighty percent of median income or a disa-
33 bled veteran who has a total household income that does not exceed one
34 hundred twenty percent of median income. A property shall not be consid-
35 ered an eligible property if the owner of the property is otherwise
36 obligated by federal, state or local law to provide the improvements
37 funded under this article.
38 3. Access to home contracts. (a) Within the limit of funds available
39 in the access to home program, the office is hereby authorized to enter
40 into contracts with eligible applicants to provide financial assistance
41 for the actual costs of an access to home program. The financial assist-
42 ance shall be either in the form of grants or loans, as the office shall
43 determine. No more than fifty percent of the total amount awarded pursu-
44 ant to this article in any fiscal year shall be allocated to access to
45 home programs located within any single municipality.
46 (b) The total payment pursuant to any one contract shall not exceed
47 five hundred thousand dollars and the contract shall provide for
48 completion of the program within a reasonable period, as specified ther-
49 ein, which shall not in any event exceed three years from its commence-
50 ment. Upon request, the office may extend the term of the contract for
51 up to two additional one year periods for good cause shown by the eligi-
52 ble applicant.
53 (c) The office may authorize the eligible applicant to spend up to
54 seven and a half percent of the contract amount for approved administra-
55 tive costs associated with administering the program.
S. 7247 8
1 (d) The office shall require that, in order to receive funds pursuant
2 to this article, the eligible applicant shall submit a plan which shall
3 include, but not be limited to, program feasibility, impact on the
4 community, budget for expenditure of program funds, a schedule for
5 completion of the program, affirmative action and minority business
6 participation.
7 § 467. Other responsibilities of the office of community living. The
8 office of community living is also responsible for administering the
9 following programs, some of which are being transferred from the justice
10 center for persons with special needs:
11 1. Information and referral services. Information and referral
12 services, including the toll-free information and referral telephone
13 line.
14 2. Technology-related assistance for individuals with disabilities
15 (TRAID) program. The TRAID program's mission is to coordinate statewide
16 activities to increase access to and acquisition of assistive technology
17 in the areas of education, employment, community living and information
18 technology/telecommunications. The program serves individuals of all
19 ages and disabilities. The program supports regional TRAID centers
20 (RTCs) which provide information, training, device demonstration, reuse,
21 exchange, and loans. The TRAID program also provides technical assist-
22 ance and advocacy on how to obtain and use assistive technology services
23 and devices.
24 3. Adult home advocacy program. The adult home advocacy program,
25 which has been in operation since 1995, is now under the jurisdiction of
26 the office of community living. The program assists individuals with
27 mental health disabilities who reside in adult homes in the city of New
28 York and Long Island in understanding their legal rights and promotes
29 and protects their rights, including legal and non-legal advocacy
30 services, training on residents' rights supporting self-advocacy and
31 leadership initiatives, and the development and support of resident
32 councils is provided by qualified non-profit agencies which are awarded
33 contracts through a competitive bidding process.
34 4. Advocacy. Advocacy is a core function of the office of community
35 living. Advocacy is an active process with the goal of making the social
36 system, public and community-based or private entities more responsive
37 to the needs of persons with disabilities who are served by that system.
38 Advocacy is not a singular approach, but a continuum of strategies
39 including: self-advocacy, citizen advocacy, and systems advocacy.
40 § 2. Article 25 of the executive law is REPEALED.
41 § 3. Section 559 of the executive law is REPEALED.
42 § 4. Article 23-A of the education law is REPEALED.
43 § 5. Article 25 of the private housing finance law is REPEALED.
44 § 6. This act shall take effect April 1, 2017, provided, however, that
45 the governor is authorized to take, notwithstanding any law to the
46 contrary, whatever steps are necessary to effectively and efficiently
47 transfer the functions transferred to the office of community living
48 from other agencies of the state so that the office of community living
49 may fully commence operation on the effective date of this act.
