BILL NUMBER:S3431

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to the definition of
"developmental disability"

PURPOSE:
To clarify that in addition to meeting all the other conditions in the
existing definition to classify or define someone as developmentally
disabled, the individual may be found unable to engage in any
substantial gainful activity by reason of the disability (the
definition used to qualify someone for Social Security Disability by
the federal government) or found to have a substantial handicap to
such person's ability to function normally in society (the existing
NYS criteria in the statute).

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 1.03 of the mental hygiene law to
include within the definition of developmental disability the
provision that, in addition to meeting all the other conditions in
the existing definition, the individual may be found unable to engage
in any substantial gainful activity by reason of the disability.

JUSTIFICATION:
The rate of autism has skyrocketed to the most recently reported
              

national figures of 1 in 150, the majority of whom are
higher-functioning. Therefore, New York State must revamp its
definition of developmental disability to ensure no one needing
services is falling through the cracks. Every effort must be made to
provide coherent and cohesive services early on to these and
similarly situated developmental disabled individuals who are
currently being denied services by the Office of People with
Development Disability (OPWDD). With the appropriate services, many
can and do become independent and/or more productive members of
society.

The current definition of developmental disability requires that an
individual's disability must constitute a substantial handicap to
such person's ability to function normally in society. OPWDD
established Advisory Guidelines in August 2001 that address issues in
determining eligibility for OPWDD services. Among other things, the
eligibility criteria the Guideline uses are too linked to adaptive
behavior measures, which are measures that are used primarily to
·determine the level of disability for people with subnormal
intelligence.

These guidelines have had the effect of barring many individuals who
are unable to work or live on their own and meet all the other
requirements for services from OPWDD, except the adaptive behavior
measures. Many of these individuals, all of whom must have, among

other things, a disability that began before their 21st birthday,
are high functioning autistic people who may be able to score high on
intelligence exams, but have significant social, emotional and
behavioral impediments that make it extraordinarily difficult to join
the workforce or live on their own without assistance. However, given
the appropriate level of supportive services, these individuals can
and do become productive members of our society.

This bill does not seek to create a class of disabled individuals who
will become a financial burden receiving benefits for a lifetime.
Instead, this legislation will provide disabled individuals with the
supportive services they need early on to transition into adulthood
and independence.

Eligibility for OPWDD services can currently end when you are fully
employed and no longer need services to maintain that employment.
However, without these vital services many people become frustrated,
their conditions deteriorate and they end up needing and using mental
health services for anxiety and depression throughout their lifetime
and remaining dependent upon their families and society for the basic
everyday needs of housing and food.

Today, many disabled young adults and their families are being caught
in a catch 22. They are being denied OPWDD services because they are
considered too high functioning, yet because of their significant
social, emotional and behavioral impairments, they find themselves
unprepared and unable to function independently in society. As a
result, they are being left to flounder in search of an array of
services provided by many different agencies (the Office of Mental
Health, VESID, etc.) and providers, none of which are equipped to
address the problems they face. Some families are divesting
themselves of everything, even their family home, to send their child
to a program that can help them make the transition to independence.
Others unable to get the appropriate services are faced with finding
someone to care for their child after they die. The result is a group
of young disabled individuals who are unnecessarily falling through
the cracks.

Not only is it morally imperative that we qualify these individuals
for OPWDD services, it is financially prudent to put the up front
services in place to help these disabled citizens integrate into
society rather than have society pay for care over a life time in
various other socially funded programs.

LEGISLATIVE HISTORY:
2009-2010: S.186A/A.7787 - Died in Mental Health
2007-2008: S.8043/A.11020 - Passed the Senate, Died in Assembly
Ways & Means

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
30 days after enactment.