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

                                  8452

                          I N  A S S E M B L Y

                            January 16, 2014
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Mental Health

AN ACT to amend the mental hygiene law,  in  relation  to  enacting  the
  "people first act of 2014"

  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 2014".
  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  and reliable access to a reasonable array of community-based
and institutional program options and to ensure the well-being of  indi-
viduals  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, habili-
tative, 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 understand-
ing  of  the  existing  capacity in integrated community-based settings,
including direct support professionals and licensed professionals,  such
as physicians, 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.
              

                                                           LBD02298-11-3

A. 8452                             2

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 (c) to read as follows:
  (C) (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, WHICH  MAY  INCLUDE  PROVIDERS  OF  SERVICES  FOR
PERSONS  WITH  DEVELOPMENTAL DISABILITIES, REPRESENTATIVES FROM EMPLOYEE
ORGANIZATIONS REPRESENTING DIRECT CARE WORKERS, CONSUMER REPRESENTATIVES
INCLUDING PERSONS WITH DEVELOPMENTAL DISABILITIES, OR THEIR  PARENTS  OR
GUARDIANS.
  (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 REGIONAL 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

A. 8452                             3

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 WAITLIST AND PLACEMENT  INFORMATION
SUCH AS:
  (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  JUSTICE  CENTER FOR THE PROTECTION OF PEOPLE WITH
SPECIAL NEEDS 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
RECOMMENDATION 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 COMMISSION ON QUALITY OF CARE FOR THE MENTALLY DISABLED. THE FIRST
SUCH  REPORT  SHALL  BE  DUE  BY NO LATER THAN MARCH FIRST, TWO THOUSAND
FIFTEEN. 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)  (1) Notwithstanding any other provision of law, the commissioner,
or his OR HER designee, may require from any hospital, as defined  under
article  twenty-eight of the public health law, any information, report,
or record necessary for the  purpose  of  carrying  out  the  functions,
powers  and  duties  of the commissioner related to the investigation 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-certified
setting, and have been treated at such hospitals.

A. 8452                             4

  (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.
  (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. This act shall take effect immediately.