S T A T E   O F   N E W   Y O R K
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                                  9402

                          I N  A S S E M B L Y

                            February 28, 2012
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Mental Health

AN ACT to amend the mental hygiene law,  in  relation  to  enacting  the
  "people first act of 2012"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "people first act of 2012".
  S  2.  Legislative  findings.  It  is the intent of the legislature to
ensure that individuals  with  developmental  disabilities  who  utilize
long-term  care  services under the medical assistance program and other
long-term care related benefit programs administered by the  state  have
meaningful  access to a reasonable array of community-based and institu-
tional program options and to ensure the well-being of individuals  with
developmental  disabilities,  taking  into  account  their  informed and
expressed choices. Furthermore, the legislature declares that it is  the
policy  of  the  state  to  ensure  that the clinical, habilitative, and
social needs of individuals with developmental disabilities  who  choose
to  reside  in  integrated community-based settings can have those needs
met in integrated community-based settings.  In  order  to  meaningfully
comply  with  this  policy,  the state must have an understanding of the
existing capacity  in  integrated-community  based  settings,  including
direct  support professionals and licensed professionals, such as physi-
cians, dentists, nurse practitioners, nurses, and psychiatrists, as well
as residential capacity to provide for these needs.
  It is further the intent of the legislature to support  the  satisfac-
tion  and  success of consumers through the delivery of quality services
and supports. Evaluation of the services that consumers receive is a key
aspect to the service system. Utilizing the information  that  consumers
and  their  families provide about such services in a reliable and mean-
ingful way is also critical to enable the commissioner of  developmental
disabilities  to  assess  the  performance  of the state's developmental
services system and to improve services for consumers in the future.  To
that end, the commissioner of developmental disabilities shall conduct a

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

                                                           LBD14109-01-2

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geographic  analysis  of supports and services in community settings and
implement an improved, unified quality assessment system, in  accordance
with this act.
  S  3.  Section  13.15 of the mental hygiene law is amended by adding a
new subdivision (d) to read as follows:
  (D) (1) FOR PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (I)  "DIRECT  SUPPORT  PROFESSIONALS"  MEANS  DIRECT  SUPPORT WORKERS,
DIRECT CARE WORKERS, PERSONAL ASSISTANTS, PERSONAL ATTENDANTS, AND PARA-
PROFESSIONALS THAT PROVIDE ASSISTANCE TO INDIVIDUALS WITH  DEVELOPMENTAL
DISABILITIES  IN THE FORM OF DAILY LIVING, AND PROVIDE THE HABILITATION,
REHABILITATION, AND TRAINING NEEDS OF THESE INDIVIDUALS.
  (II) "LICENSED PROFESSIONALS" MEANS, BUT IS  NOT  LIMITED  TO,  PHYSI-
CIANS, DENTISTS, DENTAL HYGIENISTS, DENTAL ASSISTANTS, NURSE PRACTITION-
ERS,   LICENSED  PRACTICAL  NURSES,  REGISTERED  NURSES,  PSYCHIATRISTS,
PSYCHOLOGISTS, LICENSED MASTER  SOCIAL  WORKERS,  OR  LICENSED  CLINICAL
SOCIAL  WORKERS,  LICENSED TO PRACTICE PURSUANT TO THE EDUCATION LAW AND
OTHER QUALIFIED MENTAL HEALTH PROFESSIONALS.
  (III) "SUPPORTS AND  SERVICES"  MEANS  DIRECT  SUPPORT  PROFESSIONALS,
LICENSED  PROFESSIONALS,  AND  RESIDENTIAL  SERVICES, INCLUDING, BUT NOT
LIMITED TO, PRIVATE  RESIDENCES,  COMMUNITY-INTEGRATED  LIVING  ARRANGE-
MENTS,  SUPPORTED RESIDENTIAL PROGRAMS, SUPERVISED RESIDENTIAL PROGRAMS,
OR SUPPORTIVE HOUSING PROGRAMS.
  (2) SUBJECT TO AVAILABLE  APPROPRIATIONS  THEREFOR,  THE  COMMISSIONER
SHALL CONDUCT A GEOGRAPHIC ANALYSIS OF SUPPORTS AND SERVICES IN COMMUNI-
TY SETTINGS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. THIS ANALY-
SIS  SHALL  ALSO IDENTIFY GAPS BETWEEN REQUIRED SUPPORTS AND SERVICES BY
REGION OF THE STATE.
  (3) IN ORDER TO PERFORM THE GEOGRAPHIC ANALYSIS OR TO GATHER DATA  FOR
PURPOSES  OF  PERFORMING  THE  GEOGRAPHIC ANALYSIS, THE COMMISSIONER MAY
WORK IN COOPERATION AND AGREEMENT WITH  OTHER  OFFICES,  DEPARTMENTS  OR
AGENCIES  OF  THE STATE, LOCAL OR FEDERAL GOVERNMENT, OR OTHER ORGANIZA-
TIONS AND INDIVIDUALS.
  (4) IN CONDUCTING THIS ACTIVITY, THE COMMISSIONER, SUBJECT  TO  AVAIL-
ABLE  APPROPRIATIONS  THEREFOR,  SHALL  DEVELOP  AND UTILIZE A WEB-BASED
DATA-BASE WHICH  PRIORITIZES  THE  URGENCY  OF  NEED  FOR  SUPPORTS  AND
SERVICES.  THE  INFORMATION  COLLECTED  SHOULD ALLOW THE COMMISSIONER TO
CATEGORIZE NEEDS FOR DEVELOPMENTAL DISABILITY SERVICES WITHIN  A  FRAME-
WORK  THAT  ENCOMPASSES THREE LEVELS OF URGENCY OF NEEDS. THESE LEVEL OF
SUPPORT NEEDS SHOULD INCLUDE: EMERGENCY NEED,  FOR  THOSE  PERSONS  WITH
DEVELOPMENTAL  DISABILITIES  IN  NEED  OF  IMMEDIATE  SUPPORT EITHER DAY
SUPPORT OR IN-HOME OR OUT-OF-HOME PLACEMENT;  CRITICAL  NEED  FOR  THOSE
INDIVIDUALS  WHO  WILL  HAVE  A NEED FOR SUPPORTS OR SERVICES WITHIN ONE
YEAR AND PLANNING FOR NEED, FOR THOSE INDIVIDUALS  WHOSE  SUPPORT  NEEDS
ARE  ONE  TO  FIVE  YEARS  AWAY,  OR WHERE THE CAREGIVER IS AGE SIXTY OR
OLDER.
  (5) SUCH AN ANALYSIS SHOULD INCLUDE THE STATEWIDE NUMBER  OF  INDIVID-
UALS SEEKING SERVICES, INCLUDING AWAITING PLACEMENT BROKEN DOWN INTO THE
TOTAL  NUMBER  OF  INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY
SERVICES OFFICE'S GEOGRAPHIC AREA WHO AWAIT RESIDENTIAL  PLACEMENT,  DAY
SERVICE  SUPPORT,  HOME  AND  COMMUNITY-BASED WAIVER SUPPORT, EMPLOYMENT
SUPPORT,   BEHAVIORAL   HEALTH   SERVICES   AND   SUPPORTS,   OR   OTHER
COMMUNITY-BASED  SUPPORT.  SUCH INFORMATION SHOULD BE GROUPED BY THE AGE
OF THE INDIVIDUAL AWAITING COMMUNITY SERVICES AND SUPPORTS AND  THE  AGE
OF  THEIR  CAREGIVER, IF ANY. SUCH INFORMATION SHOULD ALSO INCLUDE WAIT-
LIST AND PLACEMENT INFORMATION SUCH AS:

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  (I) THE TYPE OF SUPPORTS AND SERVICES SUCH INDIVIDUALS ARE EXPECTED TO
REQUIRE  DIVIDED  INTO  CERTIFIED  OUT-OF-HOME,  SUPERVISED,  SUPPORTIVE
PLACEMENT  NEEDS  AND  OTHER  NON-PLACEMENT NEEDS AND THE NUMBER OF SUCH
PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE MEDICAL CARE;
  (II)  NON-CERTIFIED  RESIDENTIAL  PLACEMENTS  OUTSIDE  THE PARENT'S OR
PARENTS' OR OTHER CAREGIVER'S HOME;
  (III) THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
SERVICES WAIVER-FUNDED HABILITATION SERVICES AT HOME;
  (IV) THE TOTAL NUMBER OF INDIVIDUALS, WHO HAVE BEEN IDENTIFIED  AS  IN
NEED  OF  SUPPORTS  AND  SERVICES  WHO  HAVE RECEIVED THESE SUPPORTS AND
SERVICES AND ANY GAP BETWEEN REQUIRED  SUPPORTS  AND  SERVICES  AND  THE
SUPPORTS AND SERVICES PROVIDED;
  (V)  THE  NUMBER OF EMERGENCY NEED RESIDENTIAL PLACEMENTS FOR THE PAST
YEAR AND OTHER SUPPORTS AND SERVICES PROVIDED ON AN EMERGENCY BASIS;
  (VI) THE NUMBER OF INDIVIDUALS WHO ARE  CURRENTLY  RECEIVING  SUPPORTS
AND SERVICES, INCLUDING RESIDENTIAL SERVICES, WHOSE CURRENT LIVING SITU-
ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
NATIVE PLACEMENT OR ALTERNATIVE SUPPORT AND SERVICE DELIVERY OPTIONS;
  (VII)  PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS IDENTIFIED AS IN
NEED OF SERVICES PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVISION;
  (VIII) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
EITHER ADDITIONAL IN-HOME SUPPORTS AND SERVICES AND/OR OUT-OF-HOME RESI-
DENTIAL PLACEMENTS; AND
  (IX) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
  (6) THE COMMISSIONER SHALL PREPARE  ANNUALLY  FOR  THE  GOVERNOR,  THE
LEGISLATURE AND THE STATE COMMISSION ON QUALITY OF CARE FOR THE MENTALLY
DISABLED A WRITTEN EVALUATION REPORT CONCERNING THE DELIVERY OF SUPPORTS
AND  SERVICES  IN THE COMMUNITY. ON OR BEFORE MARCH FIRST, IN EACH YEAR,
THE COMMISSIONER SHALL SUBMIT A COPY OF SUCH REPORT, AND SUCH  RECOMMEN-
DATION  AS  HE  OR SHE DEEMS APPROPRIATE, TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,  THE  RESPECTIVE
MINORITY  LEADERS OF EACH SUCH HOUSE, AND THE CHAIR OF THE STATE COMMIS-
SION ON QUALITY OF CARE FOR THE MENTALLY DISABLED. THE FIRST SUCH REPORT
SHALL BE DUE BY NO LATER THAN MARCH FIRST, TWO  THOUSAND  FOURTEEN.  THE
REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND SHALL BE PUBLISHED
ON  THE  OFFICE'S WEBSITE IN AN APPROPRIATE LOCATION AT THE SAME TIME AS
ITS SUBMISSION TO STATE OFFICIALS.
  S 4. Subdivision (c) of section 16.01 of the mental  hygiene  law,  as
added  by  chapter  234  of  the laws of 1998, paragraph 1 as amended by
chapter 37 of the laws of 2011, is amended to read as follows:
  [(c)] (J) (1) Notwithstanding any other provision of law, the  commis-
sioner,  or  his  OR  HER  designee,  may  require from any hospital, as
defined under article twenty-eight of the public health law, any  infor-
mation,  report, or record necessary for the purpose of carrying out the
functions, powers and duties of the commissioner related to the investi-
gation of deaths and  complaints  of  abuse,  mistreatment,  or  neglect
concerning persons with developmental disabilities who receive services,
or  had  prior  to  death received services, in a facility as defined in
section 1.03 of this chapter, or are receiving medicaid waiver  services
from the office for people with developmental disabilities in a non-cer-
tified setting, and have been treated at such hospitals.
  (2)  Any  information, report, or record requested by the commissioner
or his OR HER designee pursuant to this subdivision shall be limited  to
that  information  that  the  commissioner  determines necessary for the
completion of this investigation.

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  (3) The information, report or record received by the commissioner  or
his  OR  HER  designee  pursuant to this subdivision shall be subject to
section two thousand eight hundred five-m, section eighteen, as added by
chapter four hundred ninety-seven of the laws of nineteen hundred eight-
y-six,  and  article  twenty-seven-F  of  the public health law, section
33.13 of this chapter, and any applicable federal statute or regulation.
  S 5. Section 16.01 of the mental hygiene  law  is  amended  by  adding
seven  new  subdivisions (c), (d), (e), (f), (g), (h) and (i) to read as
follows:
  (C) THE COMMISSIONER, IN CONSULTATION WITH STAKEHOLDERS, INCLUDING BUT
NOT LIMITED TO PROVIDERS OF  SERVICES  FOR  PERSONS  WITH  DEVELOPMENTAL
DISABILITIES,  CONSUMER  REPRESENTATIVES INCLUDING PERSONS WITH DEVELOP-
MENTAL DISABILITIES, OR THEIR PARENTS OR GUARDIANS,  CORRESPONDENTS  AND
OTHER  INTERESTED  PERSONS,  SHALL IDENTIFY A VALID AND RELIABLE QUALITY
ASSURANCE INSTRUMENT THAT INCLUDES ASSESSMENTS OF  CONSUMER  AND  FAMILY
SATISFACTION,  PROVISION OF SERVICES, AND PERSONAL OUTCOMES. THE INSTRU-
MENT SHALL DO ALL OF THE FOLLOWING:
  (1) PROVIDE NATIONALLY VALIDATED,  BENCHMARKED,  CONSISTENT,  RELIABLE
AND MEASURABLE DATA FOR THE OFFICE'S QUALITY MANAGEMENT SYSTEM.
  (2) ENABLE THE COMMISSIONER AND ENTITIES CONTRACTED BY THE COMMISSION-
ER  TO  COORDINATE  AND/OR DELIVER SUPPORTS AND SERVICES TO PERSONS WITH
DEVELOPMENTAL DISABILITIES, INCLUDING BUT NOT LIMITED  TO  HEALTH  HOMES
ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL
SERVICES  LAW  OR  OTHER  MANAGED  CARE ENTITIES AS APPROVED PURSUANT TO
SECTION FOUR THOUSAND FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH  LAW  TO
COMPARE  THE  PERFORMANCE  OF  NEW  YORK'S DEVELOPMENTAL SERVICES SYSTEM
AGAINST OTHER STATES' DEVELOPMENTAL SERVICES SYSTEMS AND TO ASSESS QUAL-
ITY AND PERFORMANCE AMONG ALL  OF  THE  MANAGED  CARE  AND  SERVICE  AND
SUPPORT ENTITIES STATEWIDE.
  (3) INCLUDE OUTCOME-BASED MEASURES SUCH AS HEALTH, SAFETY, WELL-BEING,
RELATIONSHIPS,  INTERACTIONS  WITH  PEOPLE WHO DO NOT HAVE A DISABILITY,
EMPLOYMENT, QUALITY OF LIFE, INTEGRATION, CHOICE, SERVICE, AND  CONSUMER
SATISFACTION.
  (D) TO THE EXTENT THAT FUNDING IS AVAILABLE, THE INSTRUMENT IDENTIFIED
IN SUBDIVISION (C) OF THIS SECTION MAY BE EXPANDED TO COLLECT ADDITIONAL
DATA  REQUESTED  BY OTHER OFFICES, DEPARTMENTS OR AGENCIES OF THE STATE,
LOCAL OR FEDERAL GOVERNMENT.
  (E) THE COMMISSIONER SHALL CONTRACT  WITH  AN  INDEPENDENT  AGENCY  OR
ORGANIZATION  TO  IMPLEMENT BY JANUARY FIRST, TWO THOUSAND THIRTEEN, THE
QUALITY ASSURANCE  INSTRUMENT  DESCRIBED  IN  SUBDIVISION  (C)  OF  THIS
SECTION. THE CONTRACTOR SHALL BE EXPERIENCED IN ALL OF THE FOLLOWING:
  (1)  DESIGNING  VALID  QUALITY ASSURANCE INSTRUMENTS FOR DEVELOPMENTAL
SERVICE SYSTEMS.
  (2) TRACKING OUTCOME-BASED MEASURES SUCH AS HEALTH,  SAFETY,  WELL-BE-
ING, RELATIONSHIPS, INTERACTIONS WITH PEOPLE WHO DO NOT HAVE A DISABILI-
TY,  EMPLOYMENT,  QUALITY  OF  LIFE,  INTEGRATION,  CHOICE, SERVICE, AND
CONSUMER SATISFACTION.
  (3) DEVELOPING DATA SYSTEMS.
  (4) DATA ANALYSIS AND REPORT PREPARATION.
  (5) ASSESSMENTS OF THE SERVICES RECEIVED BY CONSUMERS  WHO  ARE  MOVED
FROM  DEVELOPMENTAL  CENTERS  TO  THE COMMUNITY, GIVEN THE LEGISLATURE'S
HISTORIC RECOGNITION OF A SPECIAL OBLIGATION TO ENSURE THE WELL-BEING OF
THESE PERSONS.
  (F) THE COMMISSIONER, IN CONSULTATION WITH THE CONTRACTOR DESCRIBED IN
SUBDIVISION (E) OF THIS SECTION,  SHALL  ESTABLISH  THE  METHODOLOGY  BY
WHICH THE QUALITY ASSURANCE INSTRUMENT SHALL BE ADMINISTERED, INCLUDING,

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BUT  NOT LIMITED TO, HOW OFTEN AND TO WHOM THE QUALITY ASSURANCE WILL BE
ADMINISTERED, AND THE DESIGN OF A STRATIFIED, RANDOM  SAMPLE  AMONG  THE
ENTIRE  POPULATION  OF  CONSUMERS SERVED BY SERVICE PROVIDERS, INCLUDING
ANY  NEWLY  APPROVED MANAGED CARE ENTITIES. THE CONTRACTOR SHALL PROVIDE
AGGREGATE INFORMATION FOR ALL SERVICE  PROVIDERS  AND  THE  STATE  AS  A
WHOLE.  AT THE REQUEST OF A CONSUMER OR THE FAMILY MEMBER OF A CONSUMER,
THE SURVEY SHALL BE CONDUCTED IN THE PRIMARY LANGUAGE OF THE CONSUMER OR
FAMILY MEMBER SURVEYED.
  (G) THE COMMISSIONER SHALL COLLECT  DATA  FOR  THE  QUALITY  ASSURANCE
INSTRUMENT  DESCRIBED IN SUBDIVISION (C) OF THIS SECTION. IF, DURING THE
DATA COLLECTION  PROCESS,  THE  COMMISSIONER  IDENTIFIES  ANY  SUSPECTED
VIOLATION OF THE LEGAL, CIVIL, OR SERVICE RIGHTS OF A CONSUMER, OR IF IT
DETERMINES  THAT  THE  HEALTH AND WELFARE OF A CONSUMER IS AT RISK, THAT
INFORMATION SHALL BE PROVIDED IMMEDIATELY TO THE CHAIR OF THE COMMISSION
ON QUALITY OF CARE FOR THE MENTALLY DISABLED  AND  ANY  REGIONAL  ENTITY
PROVIDING  CASE  MANAGEMENT  SERVICES TO THE CONSUMER. AT THE REQUEST OF
THE CONSUMER, OR FAMILY, WHEN  APPROPRIATE,  A  COPY  OF  THE  COMPLETED
SURVEY  SHALL  BE  PROVIDED TO THE COMMISSION ON QUALITY OF CARE FOR THE
MENTALLY DISABLED AND ANY  REGIONAL  ENTITY  PROVIDING  CASE  MANAGEMENT
SERVICES TO IMPROVE THE CONSUMER'S QUALITY OF SERVICES THROUGH THE INDI-
VIDUAL PLANNING PROCESS.
  (H) THE COMMISSIONER, IN CONSULTATION WITH STAKEHOLDERS, SHALL ANNUAL-
LY REVIEW THE DATA COLLECTED FROM AND THE FINDINGS OF THE QUALITY ASSUR-
ANCE  INSTRUMENT DESCRIBED IN SUBDIVISION (C) OF THIS SECTION AND ACCEPT
RECOMMENDATIONS REGARDING ADDITIONAL OR DIFFERENT CRITERIA FOR THE QUAL-
ITY ASSURANCE INSTRUMENT IN ORDER  TO  ASSESS  THE  PERFORMANCE  OF  THE
STATE'S  DEVELOPMENTAL  SERVICES SYSTEM AND IMPROVE SERVICES FOR CONSUM-
ERS.
  (I) ALL REPORTS GENERATED PURSUANT  TO  THIS  SECTION  SHALL  BE  MADE
PUBLICLY  AVAILABLE,  BUT  SHALL  NOT  CONTAIN  ANY PERSONAL IDENTIFYING
INFORMATION ABOUT ANY PERSON ASSESSED.
  S 6. This act shall take effect immediately.