NY State Senate Bill 2013-S6641

Senate Bill S6641

Vetoed By Governor

2013-2014 Legislative Session

Relates to the administration of services offered by the office for people with developmental disabilities

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2014	vetoed memo.519
Nov 10, 2014	delivered to governor
Jun 18, 2014	returned to senate passed assembly ordered to third reading rules cal.400 substituted for a8846c referred to ways and means delivered to assembly passed senate ordered to third reading cal.1510 committee discharged and committed to rules
Jun 10, 2014	print number 6641c
Jun 10, 2014	amend and recommit to finance
May 22, 2014	print number 6641b
May 22, 2014	amend and recommit to finance
May 21, 2014	reported and committed to finance
Apr 29, 2014	print number 6641a
Apr 29, 2014	amend and recommit to mental health and developmental disabilities
Feb 21, 2014	referred to mental health and developmental disabilities

Votes

- Jun 18, 2014 - Floor Vote
  S6641
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2014
      
      aye (59)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Golden
  Jun 18, 2014 - Rules Committee Vote
  S6641
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2014
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Valesky
      
      aye wr (1)
      
      Stewart-Cousins
      
      excused (1)
      
      Espaillat
  May 21, 2014 - Committee Vote
  S6641
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 21, 2014
      
      aye (10)
      
      Ball
      
      Carlucci
      
      Felder
      
      Hannon
      
      Krueger
      
      Latimer
      
      Rivera
      
      Seward
      
      Tkaczyk
      
      Zeldin
      
      aye wr (1)
      
      Bonacic

Bill Amendments

Original

C (Active)

co-Sponsors

2013-S6641 - Details

Law Section:: Mental Hygiene
Versions Introduced in 2015-2016 Legislative Session:: S3649

2013-S6641 - Summary

Relates to the administration of services offered by the office for people with developmental disabilities.

2013-S6641 - Sponsor Memo

                                BILL NUMBER:S6641

TITLE OF BILL:  An act relating to the administration of services to
people with developmental disabilities

SUMMARY OF PROVISIONS:

This bill amends the Mental Hygiene Law to require the Commissioner of
the Office of People with Developmental Disabilities (OPWDD) to
develop a plan to overhaul and improve the front door process. The
Commissioner would be required to develop the plan in collaboration
with the Developmental Disabilities Advisory Council and must submit
the plan to the Speaker of the Assembly and Senate Majority Leader no
later than October 1, 2014, with implementation beginning no later
than December 1, 2014. The plan shall address issues raised by the
front door, including timeliness of decision making, the need to
expedite the delivery of services to individuals in critical need,
development of a wait list and clear and consistent guidelines for the
front door process.

EXISTING LAW:

JUSTIFICATION:

The "Front Door" process was implemented by OPWDD to provide a
rational means of allocating resources to meet the needs of people

with developmental disabilities and their families. However,
allocation decisions has often been time consuming and inefficient
without clear and transparent guidelines or sufficient administrative
resources to act expeditiously and in the best interests of people who
depend on critical services. Persons seeking placements, including
persons in critical need, have been denied or have been significantly
delayed in their receipt of services which are nonetheless available.
Therefore, the Front Door cannot evaluate the level of additional
resources necessary to care for individuals in need of services.
While rational allocation of resources is a critical means of
efficiently using resources, it cannot compensate for resources which
are inadequate in the first place.

This bill seeks to address these issues by:

- Ensuring that critical needs are met in a timely fashion;

- Providing an expedited appeals process to review and approve of
requests for critical services when the State has not responded to
such requests in a timely manner;

- Creating permanent 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;

- Providing linguistically and culturally appropriate information on
services and access to services in a universally clear and transparent
manner;


- Ensuring families the services of a Medicaid Service Coordinator
without having to go through the front door process and providing a
process to ensure that people in crisis are not subject to the front
door process and receive immediate services.

- 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
planning and other matters affecting the appropriateness and adequacy
of services for people with developmental disabilities;

- Provide guidelines to facilitate and support the evaluation of
postsecondary options consistent with the Commissioner of Education's
Part 200 regulations;

- Requiring the Commissioner to consider utilizing non-profit
developmental disabilities providers to provide administrative support
to facilitate the Front door process and the timely delivery of
services.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:

Immediately.

2013-S6641 - Bill Text download pdf

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

                                  6641

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13869-05-4

S. 6641                             2

  (a) Recognize critical needs of people with developmental disabilities
living at home with persons whose ability to act as a 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 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.

co-Sponsors

2013-S6641A - Details

Law Section:: Mental Hygiene
Versions Introduced in 2015-2016 Legislative Session:: S3649

2013-S6641A - Summary

Relates to the administration of services offered by the office for people with developmental disabilities.

2013-S6641A - Sponsor Memo

                                BILL NUMBER:S6641A

TITLE OF BILL:  An act relating to the administration of services to
people with developmental disabilities

SUMMARY OF PROVISIONS:  This bill amends the Mental Hygiene Law to
require the Commissioner of the Office of People with Developmental
Disabilities (OPWDD) to develop a plan to overhaul and improve the
front door process. The Commissioner would be required to develop the
plan in collaboration with the Developmental Disabilities Advisory
Council and must submit the plan to the Speaker of the Assembly and
Senate Majority Leader no later than October 1, 2014, with
implementation beginning no later than December 1, 2014. The plan
shall address issues raised by the front door, including timeliness of
decision making, the need to expedite the delivery of services to
individuals in critical need, development of a wait list and clear and
consistent guidelines for the front door process.

EXISTING LAW:

JUSTIFICATION:  The "Front Door" process was implemented by OPWDD to
provide a rational means of allocating resources to meet the needs of
people with developmental disabilities and their families. However,
allocation decisions has often been time consuming and inefficient
without clear and transparent guidelines or sufficient administrative
resources to act expeditiously and in the best interests of people who

depend on critical services. Persons seeking placements, including
persons in critical need, have been denied or have been significantly
delayed in their receipt of services which are nonetheless available.
Therefore, the Front Door cannot evaluate the level of additional
resources necessary to care for individuals in need of services.
While rational allocation of resources is a critical means of
efficiently using resources, it cannot compensate for resources which
are inadequate in the first place.

This bill seeks to address these issues by;

- Ensuring that critical needs are met in a timely fashion;

- Providing an expedited appeals process to review and approve of
requests for critical services when the State has not responded to
such requests in a timely manner;

- Creating permanent 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;

- Providing linguistically and culturally appropriate information on
services and access to services in a universally clear and transparent
manner.

- Ensuring families the services of a Medicaid Service Coordinator
without having to go through the front door process and providing a
process to ensure that people in crisis are not subject to the front
door process and receive immediate services.


- 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
planning and other matters affecting the appropriateness and adequacy
of services for people with developmental disabilities.

- Provide guidelines to facilitate and support the evaluation of
postsecondary options consistent with the Commissioner of Education's
Part 200 regulations.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

2013-S6641A - Bill Text download pdf

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

                                 6641--A

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by Sens. CARLUCCI, MAZIARZ, RANZENHOFER, TKACZYK, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Mental  Health  and  Developmental Disabilities --
  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13869-06-4

S. 6641--A                          2

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
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.
  S 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2013-S6641B - Details

Law Section:: Mental Hygiene
Versions Introduced in 2015-2016 Legislative Session:: S3649

2013-S6641B - Summary

Relates to the administration of services offered by the office for people with developmental disabilities.

2013-S6641B - Sponsor Memo

                                BILL NUMBER:S6641B

TITLE  OF BILL:   An act relating to the administration of services to
people with developmental disabilities

SUMMARY OF PROVISIONS:

This bill amends the Mental Hygiene Law to require the Commissioner of
the Office  of  People  with  Developmental  Disabilities  (OPWDD)  to
develop  a  plan  to  overhaul and improve the front door process. The
Commissioner would be required to develop the  plan  in  collaboration
with  the  Developmental Disabilities Advisory Council and must submit
the plan to the Speaker of the Assembly and Senate Majority Leader  no
later than January 1, 2015 with implementation beginning no later than
April 1, 2015. The plan shall address issues raised by the front door,
including  timeliness  of  decision  making,  the need to expedite the
delivery of services to individuals in critical need, development of a
wait list and clear and  consistent  guidelines  for  the  front  door
process.

JUSTIFICATION:

The  "Front  Door"  process  was  implemented  by  OPWDD  to provide a
rational means of allocating resources to meet  the  needs  of  people
with   developmental   disabilities   and   their  families.  However,
allocation decisions have often been time  consuming  and  inefficient

without  clear and transparent guidelines or sufficient administrative
resources to act expeditiously and in the best interests of people who
depend on critical services.  Persons  seeking  placements,  including
persons  in critical need, have been denied or have been significantly
delayed in their receipt of services which are nonetheless  available.
Therefore,  the  Front  Door  cannot  evaluate the level of additional
resources necessary to care for individuals in need of services. While
rational allocation of resources is a critical  means  of  efficiently
using   resources,  it  cannot  compensate  for  resources  which  are
inadequate in the first place.

This bill seeks to address these issues by:

-Ensuring that critical needs are met in a timely fashion;

-Providing an expedited appeals  process  to  review  and  approve  of
requests  for  critical  services  when the State has not responded to
such requests in a timely manner;

-Creating permanent 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.

-Providing  linguistically  and  culturally appropriate information on
services and access to services in a universally clear and transparent
manner.

-Ensuring families the services  of  a  Medicaid  Service  Coordinator
without  having  to  go through the front door process and providing a


process to ensure that people in crisis are not subject to  the  front
door process and receive immediate services.

-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
planning  and other matters affecting the appropriateness and adequacy
of services for people with developmental disabilities.

-Provide guidelines  to  facilitate  and  support  the  evaluation  of
postsecondary  options for individuals with developmental disabilities
consistent with subparagraph 5 of paragraph  b  of  subdivision  1  of
section 4402 of the education law.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

2013-S6641B - Bill Text download pdf

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

                                 6641--B

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by Sens. CARLUCCI, MAZIARZ, RANZENHOFER, TKACZYK, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Mental  Health  and  Developmental Disabilities --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- 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 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
senate and the speaker of the assembly no later than January 1, 2015 and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13869-09-4

S. 6641--B                          2

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.

co-Sponsors

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2013-S6641C (ACTIVE) - Details

Law Section:: Mental Hygiene
Versions Introduced in 2015-2016 Legislative Session:: S3649

2013-S6641C (ACTIVE) - Summary

Relates to the administration of services offered by the office for people with developmental disabilities.

2013-S6641C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6641C

TITLE OF BILL:  An act relating to the administration of services to
people with developmental disabilities

SUMMARY OF PROVISIONS:  This bill amends the Mental Hygiene Law to
require the Commissioner of the Office of People with Developmental
Disabilities (OPWDD) to develop a plan to overhaul and improve the
front door process. The Commissioner would be required to develop the
plan in collaboration with the Developmental Disabilities Advisory
Council and must submit the plan to the Speaker of the Assembly and
Senate Majority Leader no later than January 1, 2015 with
implementation beginning no later than April 1, 2015. The plan shall
address issues raised by the front door, including timeliness of
decision making, the need to expedite the delivery of services to
individuals in critical need, development of a wait list and clear and
consistent guidelines for the front door process.

JUSTIFICATION:  The "Front Door" process was implemented by OPWDD to
provide a rational means of allocating resources to meet the needs of
people with developmental disabilities and their families. However,
allocation decisions have often been time consuming and inefficient
without clear and transparent guidelines or sufficient administrative
resources to act expeditiously and in the best interests of people who
depend on critical services. Persons seeking placements, including
persons in critical need, have been denied or have been significantly

delayed in their receipt of services which are nonetheless available.
Therefore, the Front Door cannot evaluate the level of additional
resources necessary to care for individuals in need of services. While
rational allocation of resources is a critical means of efficiently
using resources, it cannot compensate for resources which are
inadequate in the first place.

This bill seeks to address these issues by:

-Ensuring that critical needs are met in a timely fashion;

-Providing an expedited appeals process to review and approve of
requests for critical services when the State has not responded to
such requests in a timely manner;

-Creating permanent 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.

-Providing linguistically and culturally appropriate information on
services and access to services in a universally clear and transparent
manner.

-Ensuring families the services of a Medicaid Service Coordinator
without having to go through the front door process and providing a
process to ensure that people in crisis are not subject to the front
door process and receive immediate services.

-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
planning and other matters affecting the appropriateness and adequacy
of services for people with developmental disabilities.

-Provide guidelines to facilitate and support the evaluation of
postsecondary options for individuals with developmental disabilities
consistent with subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

2013-S6641C (ACTIVE) - Bill Text download pdf

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

                                 6641--C

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by  Sens.  CARLUCCI,  AVELLA, MAZIARZ, RANZENHOFER, TKACZYK,
  VALESKY -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Mental Health and Developmental Disabil-
  ities  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said  committee and committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  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-
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

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

                                                           LBD13869-13-4

S. 6641--C                          2

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.

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Senate Bill S6641

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Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

2013-S6641 - Details

2013-S6641 - Summary

2013-S6641 - Sponsor Memo

2013-S6641 - Bill Text download pdf

co-Sponsors

2013-S6641A - Details

2013-S6641A - Summary

2013-S6641A - Sponsor Memo

2013-S6641A - Bill Text download pdf

co-Sponsors

2013-S6641B - Details

2013-S6641B - Summary

2013-S6641B - Sponsor Memo

2013-S6641B - Bill Text download pdf

co-Sponsors

2013-S6641C (ACTIVE) - Details

2013-S6641C (ACTIVE) - Summary

2013-S6641C (ACTIVE) - Sponsor Memo

2013-S6641C (ACTIVE) - Bill Text download pdf

Comments