NY State Senate Bill 2009-S5210

Senate Bill S5210

2009-2010 Legislative Session

Requires the office of mental retardation and developmental disabilities to submit an updated waitlist and placement report to the senate and assembly

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to mental health and developmental disabilities
Apr 27, 2009	referred to mental health and developmental disabilities

2009-S5210 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.28, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3167
2013-2014: S482
2015-2016: S661
2017-2018: S8378
2019-2020: S2444
2021-2022: S5809
2023-2024: S2897

2009-S5210 (ACTIVE) - Summary

Requires the office of mental retardation and developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.

2009-S5210 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5210

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to requiring the
office of mental retardation and developmental disabilities to submit
an updated waitlist and placement report to the senate and assembly


 PURPOSE :
To require OMRDD to submit a report by January 1, 2010 to the
legislature, and update it every 6 months thereafter, providing
detailed information on the waiting list for out-of-home residential
care and a summary of placement activity relating to persons on the
waiting list for each 6 month period prior to the submission of the
report.

 SUMMARY OF PROVISIONS :
Section 1 of the bill creates a new section 13.28 of the mental
hygiene law to require that OMRDD submit a report by January 1, 2010,
and update it every 6 months thereafter, providing detailed
information on the waiting list for out-of-home residential care and a
summary of placement activity relating to persons on the waiting list
for each 6 month period prior to the submission of the report.  The
bill requires that the report specify placement settings used and note
the number and reasons for those placements that did either failed or
for which the individuals, his/her parent or guardian requested an

alternative placement. The bill requires that the report specify the
type of placements expected to be required to meet the needs of
individuals on the waiting list. It also requires OMRDD to list
funding sources used for placement activity including pertinent cost
information. Finally, the bill requires OMRDD to submit an updated
plan every 6 months for meeting the needs of persons on the waiting
list.

Section 2 of the bill provides for an immediate effective date.

 EXISTING LAW :
OMRDD provides residential opportunities to individuals under its care
Through state facilities as well as by contracting with licensed
not-for- profits to provide such Care. Funds have been appropriated
each year through the budget for the establishment of new
opportunities to meet the needs of individuals who are in need of
residential care.

 JUSTIFICATION :
The waiting list for persons with intellectual and other developmental
disabilities who require out-of-home residential care continues to be
of great concern. Many persons remaining at home are being cared for
by parents or other caregivers who themselves are acquiring
age-related disabilities. This can be extremely problematic,
especially when individuals with disabilities themselves are aging.

In fact, in February OMRDD's "Task Force on Aging" noted that
statewide persons living at home ages 60 to 69 numbered 1,871; ages
70-79 numbered 681; and, age 80+ numbered 320. A total of 27, 211
persons with developmental disabilities over age 30 continue to live
at home. It is not clear how many of these individuals require out of
home placement. More importantly, critical information on the exact
size and needs of the statewide waiting list is not readily available
making it impossible for policy makers to plan and budget accordingly.
Furthermore, placement activity appears highly sporadic and hard to
track. Placement plans seem as if they are continually changing.
Increasingly, parents who had previously been led to believe that they
would have a placement for their child find that this is no longer
true.

This has left thousands of parents and families in a state of enormous
uncertainty and anxiety regarding the status of their child or loved
one's current or future placement. This bill will give them critical
information. It will also give the Legislature and others with an
interest in development policy information critical to enable them to
do their jobs.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S5210 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5210

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
  office  of mental retardation and developmental disabilities to submit
  an updated waitlist and placement report to the senate and assembly

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
13.28 to read as follows:
S 13.28 OFFICE OF MENTAL  RETARDATION  AND  DEVELOPMENTAL  DISABILITIES;
          RESIDENTIAL WAITLIST AND PLACEMENT REPORT.
  THE  OFFICE SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND TEN, AND EVERY
SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT REPORT  TO  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY,
INCLUDING THE FOLLOWING INFORMATION:
  (A) WAITLIST INFORMATION. SUCH WAITLIST INFORMATION SHALL INCLUDE  THE
STATEWIDE  NUMBER OF INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO THE
TOTAL NUMBER OF INDIVIDUALS FROM WITHIN  EACH  DEVELOPMENTAL  DISABILITY
SERVICES  OFFICE'S  GEOGRAPHIC  AREA WHO AWAIT RESIDENTIAL PLACEMENT AND
ARE EXPECTED TO REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFOR-
MATION SHALL BE GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING  PLACEMENT
AND  THE  AGE  OF  THEIR  CAREGIVER, IF ANY. SUCH INFORMATION SHALL ALSO
INCLUDE:
  1. THE TYPE OF PLACEMENT SUCH  INDIVIDUALS  ARE  EXPECTED  TO  REQUIRE
DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
THE  NUMBER  OF SUCH PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE
MEDICAL CARE;
  2. NON-CERTIFIED RESIDENTIAL PLACEMENT  OUTSIDE  OF  THE  PARENT'S  OR
PARENTS' OR OTHER CAREGIVER'S HOME; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11352-02-9

S. 5210                             2

  3.  THE  NUMBER  OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
  (B) PLACEMENT INFORMATION. SUCH PLACEMENT INFORMATION SHALL INCLUDE:
  1.  THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE SETTINGS
LISTED IN PARAGRAPHS ONE, TWO AND  THREE  OF  SUBDIVISION  (A)  OF  THIS
SECTION  DURING  THE  SIX  MONTHS  PRECEDING  THE DATE OF RELEASE OF THE
REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
  2. THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE  WAIT-
LIST,  PLACED  WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO
AND THREE OF SUBDIVISION (A) OF  THIS  SECTION  DURING  THE  SIX  MONTHS
PRECEDING  THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO SUBDI-
VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
  (C) THE COMMISSIONER SHALL REPORT THE NUMBER OF  INDIVIDUALS  WHO  ARE
CURRENTLY  PLACED  IN  A RESIDENTIAL PROGRAM, WHOSE CURRENT LIVING SITU-
ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
  1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
  2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
(A) OF THIS SECTION; AND
  3. THE NUMBER OF CHILDREN IN RESIDENTIAL PLACEMENTS  EXPECTED  TO  AGE
OUT  OF  SUCH  PLACEMENTS  WITHIN  A YEAR AND PLANS FOR CONTINUING THEIR
PLACEMENTS AS ADULTS;
  (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
FOR AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR  PARENT
OR  GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD PRECEDING
THE DATE OF RELEASE OF A REPORT, WITH CATEGORICAL  DESCRIPTIONS  OF  THE
REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
SITUATION;
  (E)  THE  COST  OF  PLACEMENTS  MADE  DURING THE PERIOD OF SUCH REPORT
DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
  (F) THE APPROPRIATION AUTHORITY USED TO FUND  PLACEMENTS  MADE  DURING
THE  PERIOD  OF THE REPORT, INCLUDING THE YEAR OF THE ORIGINAL APPROPRI-
ATION AND BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION  BY  CATEGORY
SUCH AT OPTS, NYS-CARES OR OTHER CATEGORIES;
  (G)  PROJECTED  FUNDING  REQUIREMENTS FOR INDIVIDUALS REMAINING ON THE
WAITING LIST;
  (H) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS  WHO  WILL  REQUIRE
OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
  (I)  A  PLAN  FOR  MEETING THE OUT-OF-HOME RESIDENTIAL PLACEMENT NEEDS
SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
SION (A) OF THIS SECTION; AND
  (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
  S 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.