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

                                  8846

                          I N  A S S E M B L Y

                            February 20, 2014
                               ___________

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

AN ACT relating to the administration of services to people with  devel-
  opmental disabilities

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

  Section 1. The legislature hereby finds and declares that  the  policy
known as the "front door" has been implemented to control the allocation
of  services  to people with developmental disabilities. This has led to
widespread complaints about service denials to people who are  in  crit-
ical  need of services, some living at home with aging parents who them-
selves have disabilities significant enough to prevent them from contin-
uing as their child's caregiver. Furthermore, widespread reports suggest
that the number of persons in critical need is growing larger  and  more
severe  for  a  broad  range  of people with developmental disabilities,
including those transitioning out of school, in addition  to  those  who
now  live  at home.  Compounding these problems the state has elected to
assume substantial decision making and administrative authority  without
having  the means, resources or a clear process to efficiently and expe-
ditiously carry out these functions. The consequence has been inordinate
delays in the allocation of critical services,  constrained  choice  and
the  inability  to  appropriately  and efficiently redirect resources to
better serve people and families in need.
  S 2. The commissioner of the  office  for  people  with  developmental
disabilities, in collaboration with the developmental disabilities advi-
sory council established pursuant to section 13.05 of the mental hygiene
law,  shall  develop a plan for overhauling and improving the front door
process. Such commissioner shall submit the plan to the temporary presi-
dent of the senate and the speaker of the assembly no later than October
1, 2014 and implement guidelines putting the plan into effect  no  later
than  December  1,  2014. The plan shall consist of proposals to address
the following:
  (a) Recognize critical needs of people with developmental disabilities
living at home with persons whose ability to act as a caregiver has been

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

                                                           LBD13869-05-4

A. 8846                             2

diminished by age, disability or any other relevant factors and  develop
clear and transparent guidelines for when in-home placement is appropri-
ate and when out-of-home placement is appropriate.
  (b) Develop, and update quarterly, waiting lists for services provided
to people with developmental disabilities.
  (c)  Provide clear and specific guidelines outlining criteria for when
self-direction is and is not appropriate for each individual.
  (d) Provide guidelines for a clear, expeditious and transparent  proc-
ess for allocating residential placements and other critical services to
persons  based on their individual needs. Such process shall be consist-
ent across the state and where exceptions are made such exceptions shall
be made in explicit recognition of  clear  and  rational  factors.  Such
guidelines shall:
  (1) Ensure that critical needs are met in a timely fashion;
  (2)  Provide  an  expedited  appeals  process to review and approve of
requests for critical services when the state has not responded to  such
requests  within  21  business  days and to review state decisions which
serve to unreasonably deny services, including the creation of a  perma-
nent  independent  consumer  support  program  to assist persons seeking
services to understand the process, their rights to due process  and  to
assist  in  the  resolution  of  problems  regarding services, coverage,
access and due process rights.
  (3) Provide linguistically and culturally appropriate  information  on
services  and  access to services in a universally clear and transparent
manner. Also, ensure that families can secure the services of a medicaid
service coordinator without having to go through the front door process.
  (4) Provide a process to ensure that people in crisis are not  subject
to the front door process and receive immediate services.
  (5)  Report  on  the  extent to which the front door policy, as it has
been implemented, is consistent with  applicable  requirements  for  the
home  and  community  based  waiver  regarding  timeliness of decisions,
comprehensiveness of necessary services, choice, persons centered  plan-
ning  and  other  matters  affecting the appropriateness and adequacy of
services for people with developmental disabilities.
  (6) Provide guidelines to facilitate and  support  the  evaluation  of
post-secondary  options  consistent with the commissioner of education's
part 200 regulations.
  (e) In order to facilitate the  administration  of  the  "front  door"
process  the  commissioner  may promulgate any necessary rules and regu-
lations required to sub-contract with nonprofit developmental  disabili-
ties  providers  to provide administrative support after considering the
ability and advisability of such providers to maintain records,  perform
needs  assessments, educate consumers and families on the service system
and assist in any other functions which may be required by the office.
  S 3. This act shall take effect immediately.

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

                                 8846--B

                          I N  A S S E M B L Y

                            February 20, 2014
                               ___________

Introduced  by  M. of A. WEISENBERG, TITONE, ROSENTHAL, MOSLEY, MILLMAN,
  CURRAN, RAIA, DUPREY, WALTER, COLTON, KEARNS, LUPARDO, CAHILL, JACOBS,
  CUSICK,  COOK,  JAFFEE,  McKEVITT,  CERETTO,  PALUMBO,  DiPIETRO,  RA,
  CROUCH, FINCH, WEPRIN, PERRY, ZEBROWSKI -- Multi-Sponsored by -- M. of
  A.  GIGLIO,  HAWLEY, HEASTIE, HIKIND, KOLB, MARKEY, PALMESANO, RIVERA,
  SCARBOROUGH, SCHIMEL, SIMANOWITZ, SWEENEY -- read once and referred to
  the Committee on Mental Health -- committee discharged, bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT relating to the administration of services to people with devel-
  opmental disabilities

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

  Section  1.  The legislature hereby finds that the policy known as the
"front door" is being implemented to allocate services  to  people  with
developmental disabilities based on person-centered planning. Widespread
reports  suggest  that the number of persons in critical need is growing
larger and more severe for a broad range of  people  with  developmental
disabilities,  including those transitioning out of school, those living
with aging caregivers, and those who live at home but  are  in  need  of
more  intensive  services. Compounding this situation, it has been found
that while individuals linger in inappropriate settings there are vacan-
cies that remain at provider agencies. To reduce  delays  and  create  a
more  efficient  and  seamless coordination of services, it is paramount
that transparent and more timely guidance is provided to individuals  in
need of services and their families. In addition, clear guidance must be
given to providers of services to ensure that services are utilized in a
meaningful and thoughtful manner.
  S  2.  The  commissioner  of  the office for people with developmental
disabilities, in collaboration with the developmental disabilities advi-
sory council established pursuant to section 13.05 of the mental hygiene
law, shall develop a plan for implementing the front door process.  Such
commissioner  shall  submit  the  plan to the temporary president of the

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

                                                           LBD13869-08-4

A. 8846--B                          2

senate and the speaker of the assembly no later than January 1, 2015 and
implement guidelines putting the plan into effect no later than April 1,
2015. The plan shall consist of proposals to address the following:
  (a)  The  critical  needs  of  people  with developmental disabilities
living at home with persons whose ability to act as caregiver  has  been
diminished  by age, disability or any other relevant factors and develop
clear and transparent guidelines for when in-home placement is appropri-
ate and when out-of-home placement is appropriate.
  (b) Develop, and update quarterly, waiting lists for services provided
to people with developmental disabilities.
  (c) Provide clear and specific guidelines outlining criteria for  when
self-direction is and is not appropriate for individuals.
  (d)  Provide guidelines for a clear, expeditious and transparent proc-
ess for allocating residential placements and other critical services to
persons based on their individual needs. Such process shall be  consist-
ent across the state and where exceptions are made such exceptions shall
be  made  in  explicit  recognition  of clear and rational factors. Such
guidelines shall:
  (1) Ensure that critical needs are met in a timely fashion;
  (2) Provide an expedited appeals process  to  review  and  approve  of
requests  for critical services when the state has not responded to such
requests within 21 business days.
  (3) Provide linguistically and culturally appropriate  information  on
services  and  access to services in a universally clear and transparent
manner.
  (4) Provide designated staff which  may  include  a  Medicaid  service
coordinator  to assist prospective service recipients and their families
with navigating the front door process.
  (5) Provide a process to ensure that people in crisis are not  subject
to the front door process and receive immediate services.
  (6)  Report  on  the  extent to which the front door policy, as it has
been implemented, is consistent with  applicable  requirements  for  the
home  and  community  based  waiver  regarding  timeliness of decisions,
comprehensiveness of necessary services, choice, persons centered  plan-
ning  and  other  matters  affecting the appropriateness and adequacy of
services for people with developmental disabilities.
  (7) Provide guidelines to facilitate and  support  the  evaluation  of
post-secondary  options  for individuals with developmental disabilities
consistent with subparagraph 5  of  paragraph  b  of  subdivision  1  of
section 4402 of the education law.
  S 3. This act shall take effect immediately.

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

                                 8846--C

                          I N  A S S E M B L Y

                            February 20, 2014
                               ___________

Introduced  by  M. of A. WEISENBERG, TITONE, ROSENTHAL, MOSLEY, MILLMAN,
  CURRAN, RAIA, DUPREY, WALTER, COLTON, KEARNS, LUPARDO, CAHILL, JACOBS,
  CUSICK,  COOK,  JAFFEE,  McKEVITT,  CERETTO,  PALUMBO,  DiPIETRO,  RA,
  CROUCH,  FINCH,  WEPRIN,  PERRY, ZEBROWSKI, LIFTON, ABINANTI -- Multi-
  Sponsored by -- M. of A.    GIGLIO,  HAWLEY,  HEASTIE,  HIKIND,  KOLB,
  MARKEY,  PALMESANO,  RIVERA, SCARBOROUGH, SCHIMEL, SIMANOWITZ, SWEENEY
  -- read once and referred to the Committee on Mental Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee -- again reported from said committee with
  amendments, ordered reprinted  as  amended  and  recommitted  to  said
  committee  --  reported  and  referred  to  the  Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT relating to the administration of services to people with devel-
  opmental disabilities

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

  Section  1.  The legislature hereby finds that the policy known as the
"front door" is being implemented to allocate services  to  people  with
developmental disabilities based on person-centered planning. Widespread
reports  suggest  that the number of persons in critical need is growing
larger and more severe for a broad range of  people  with  developmental
disabilities,  including those transitioning out of school, those living
with aging caregivers, and those who live at home but  are  in  need  of
more  intensive  services. Compounding this situation, it has been found
that while individuals linger in inappropriate settings there are vacan-
cies that remain at provider agencies. To reduce  delays  and  create  a
more  efficient  and  seamless coordination of services, it is paramount
that transparent and more timely guidance is provided to individuals  in
need of services and their families. In addition, clear guidance must be
given to providers of services to ensure that services are utilized in a
meaningful and thoughtful manner.
  S  2.  The  commissioner  of  the office for people with developmental
disabilities, in collaboration with the developmental disabilities advi-

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

                                                           LBD13869-12-4

A. 8846--C                          2

sory council established pursuant to section 13.05 of the mental hygiene
law, shall develop a plan for implementing the front door process.  Such
commissioner  shall  submit  the  plan to the temporary president of the
senate and the speaker of the assembly no later than January 1, 2015 and
implement guidelines putting the plan into effect no later than April 1,
2015. The plan shall consist of proposals to address the following:
  (a)  The  critical  needs  of  people  with developmental disabilities
living at home with persons whose ability to act as caregiver  has  been
diminished  by age, disability or any other relevant factors and develop
clear and transparent guidelines for when in-home placement is appropri-
ate and when out-of-home placement is appropriate. Such guidelines shall
address what services are necessary to enable the family to continue  to
provide  care for the person at their home and in accordance with proce-
dures established by the office, when continued care by the  family  may
adversely affect the health, safety or welfare of the person with devel-
opmental  disabilities and/or his or her family and require an independ-
ent community setting.
  (b) Develop, and update quarterly, waiting lists for services provided
to people with developmental disabilities.
  (c) Provide clear and specific guidelines outlining criteria for  when
self-direction is and is not appropriate for individuals.
  (d)  Provide guidelines for a clear, expeditious and transparent proc-
ess for allocating residential placements and other critical services to
persons based on their individual needs. Such process shall be  consist-
ent across the state and where exceptions are made such exceptions shall
be  made  in  explicit  recognition  of clear and rational factors. Such
guidelines shall:
  (1) Ensure that critical needs are met in a timely fashion;
  (2) Provide an expedited appeals process to review and finally  deter-
mine  authorized  requests  for critical services when the state has not
granted such a request promptly considering the circumstances, provided,
however, that such appeal must be authorized if the request has not been
granted within ten business days.
  (3) Provide linguistically and culturally appropriate  information  on
services  and  access to services in a universally clear and transparent
manner.
  (4) Provide designated staff which  may  include  a  Medicaid  service
coordinator  to assist prospective service recipients and their families
with navigating the front door process.
  (5) Provide a process to ensure that people in crisis are not  subject
to the front door process and receive immediate services.
  (6)  Report  on  the  extent to which the front door policy, as it has
been implemented, is consistent with  applicable  requirements  for  the
home  and  community  based  waiver  regarding  timeliness of decisions,
comprehensiveness of necessary services, choice, persons centered  plan-
ning  and  other  matters  affecting the appropriateness and adequacy of
services for people with developmental disabilities.
  (7) Provide guidelines to facilitate and  support  the  evaluation  of
post-secondary  options  for individuals with developmental disabilities
consistent with subparagraph 5  of  paragraph  b  of  subdivision  1  of
section 4402 of the education law.
  S 3. This act shall take effect immediately.