S T A T E   O F   N E W   Y O R K
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                                 6962--A
                                                        Cal. No. 494

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 25, 2013
                               ___________

Introduced by M. of A. GUNTHER, OTIS, JAFFEE, BARRETT, McDONALD, GABRYS-
  ZAK  --  read  once  and referred to the Committee on Mental Health --
  reported and referred to  the  Committee  on  Codes  --  reported  and
  referred  to the Committee on Ways and Means -- passed by Assembly and
  delivered to the Senate, recalled from the Senate, vote  reconsidered,
  bill  amended,  ordered reprinted, retaining its place on the order of
  third reading

AN ACT to amend the mental hygiene law, in relation to the  creation  of
  the  managed care for persons with developmental disabilities advocacy
  program

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

  Section  1.  Section  13.40  of  the  mental hygiene law is amended by
adding a new subdivision (h) to read as follows:
  (H) THE COMMISSIONER AND THE  COMMISSIONER  OF  HEALTH  SHALL  JOINTLY
ESTABLISH  THE  MANAGED CARE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
ADVOCACY PROGRAM, HEREINAFTER REFERRED TO AS THE ADVOCACY  PROGRAM.  THE
ADVOCACY  PROGRAM  SHALL  BE INTEGRATED WITH AND PROVIDED IN ADDITION TO
INDEPENDENT MEDICAID MANAGED CARE OMBUDS SERVICES  PROVIDED  TO  PERSONS
WITH  DISABILITIES  ENROLLING  IN  MEDICAID  MANAGED  CARE. THE ADVOCACY
PROGRAM SHALL: ADVISE INDIVIDUALS OF APPLICABLE RIGHTS AND  RESPONSIBIL-
ITIES,  INCLUDING,  BUT  NOT  LIMITED TO, THE RIGHT TO TREATMENT, PERSON
CENTERED CARE, CARE IN THE MOST INTEGRATED SETTING,  AND  THE  RIGHT  TO
CONTEST  DECISIONS  MADE BY A MANAGED CARE COMPANY; PROVIDE INFORMATION,
REFERRALS AND TECHNICAL ASSISTANCE TO ADDRESS THE NEEDS  OF  INDIVIDUALS
WITH  DISABILITIES; AND PURSUE LEGAL, ADMINISTRATIVE AND OTHER APPROPRI-
ATE REMEDIES OR APPROACHES TO ENSURE THE PROTECTION OF AND ADVOCACY  FOR
THE  RIGHTS  OF  THE  ENROLLEES. THE ADVOCACY PROGRAM SHALL ALSO PROVIDE
SUPPORT TO ELIGIBLE INDIVIDUALS  ENROLLING  IN  DISCOS,  HMOS  PROVIDING
SERVICES  PURSUANT  TO  SUBDIVISION  EIGHT OF SECTION FORTY-FOUR HUNDRED
THREE OF THE PUBLIC HEALTH LAW, MANAGED LONG TERM CARE  PLANS  PROVIDING

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

                                                           LBD10533-07-3

A. 6962--A                          2

SERVICES  UNDER  SUBDIVISIONS  TWELVE,  THIRTEEN AND FOURTEEN OF SECTION
FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH  LAW,  FULLY  INTEGRATED
DUAL  ADVANTAGE  PROVIDING  SERVICES  UNDER  SUBDIVISION TWENTY-SEVEN OF
SECTION  THREE  HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, AND ANY
OTHER MANAGED CARE ENTITY; SUPPORT DURING THE  PERSON-CENTERED  PLANNING
PROCESS  AND  RELATED PROCESSES INCLUDING UPDATES TO THE PERSON-CENTERED
CARE PLAN; AND ASSISTANCE WITH SECURING HOUSING, EMPLOYMENT, AND  COMMU-
NITY-BASED SUPPORTS AND SERVICES THAT FALL OUTSIDE OF THE SCOPE OF DISCO
SERVICES AND SUPPORTS.
  THE  COMMISSIONERS  SHALL  JOINTLY  DESIGNATE AN INDEPENDENT AGENCY OR
ORGANIZATION TO ADMINISTER THE ADVOCACY PROGRAM. SUCH  AGENCY  SHALL  BE
THE  AGENCY  COORDINATING  THE  INDEPENDENT MEDICAID MANAGED CARE OMBUDS
SERVICES, OR A SUB-CONTRACTOR OF THAT AGENCY. THE ADVOCACY PROGRAM SHALL
BE ADVISED BY A BOARD, WHOSE MEMBERSHIP SHALL REFLECT REPRESENTATION  OF
THE DEVELOPMENTAL DISABILITY POPULATION.
  S  2. Nothing in this act is intended to transfer to the developmental
disabilities advocacy program created  by  subdivision  (h)  of  section
13.40  of  the mental hygiene law any current duties, including Medicaid
service coordination, of state employees who are employed by the  office
for people with developmental disabilities.
  S 3. This act shall take effect immediately.