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

                                 4885--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by Sens. CARLUCCI, GRISANTI -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Mental Health
  and Developmental Disabilities -- reported favorably from said commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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
SERVICES UNDER SUBDIVISIONS TWELVE, THIRTEEN  AND  FOURTEEN  OF  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10533-06-3
              

S. 4885--A                          2

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.