S T A T E   O F   N E W   Y O R K
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                                  6787

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 18, 2013
                               ___________

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

AN  ACT  to  amend the mental hygiene law, in relation to establishing a
  program of tiered eligibility for services offered by the  office  for
  people with developmental disabilities for persons with learning disa-
  bilities and other complex neurological impairments

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

  Section 1. The mental hygiene law is amended by adding a  new  section
41.59 to read as follows:
S 41.59 TIERED SERVICES ELIGIBILITY.
  1. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS THAT
INDIVIDUALS  WITH  LEARNING  DISABILITIES AND OTHER COMPLEX NEUROLOGICAL
IMPAIRMENTS ARE OFTEN NOT PROVIDED ESSENTIAL  SUPPORT  AND  HABILITATIVE
SERVICES  DUE TO THE LACK OF ESTABLISHED OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES' ELIGIBILITY PROTOCOLS.  THIS  INCLUDES  INDIVIDUALS
WITH  LEARNING DISABILITIES, HIGH FUNCTIONING AUTISM SPECTRUM DISORDERS,
SUCH AS ASPERGER'S SYNDROME, AND A NUMBER OF OTHER COMPLEX NEUROLOGICAL-
LY BASED COGNITIVE DISABILITIES. UNFORTUNATELY,  THESE  INDIVIDUALS  ARE
THEN  LEFT TO NAVIGATE THEIR LIVES AND THE CHALLENGES OF THEIR DISABILI-
TIES WITH MINIMAL OR NO ASSISTANCE. AS A RESULT, SUCH INDIVIDUALS  OFTEN
LEAD  LIVES  OF GREAT DIFFICULTY AND VULNERABILITY THAT MAY INCLUDE, BUT
ARE NOT LIMITED TO, EXTENDED PERIODS OF INCARCERATION, LIFELONG  DEPEND-
ENCE  ON  PUBLIC ASSISTANCE, SUBSTANCE ABUSE, AND VICTIMIZATION, COUPLED
WITH MANY OTHER NEGATIVE AND COSTLY OUTCOMES. IN RESPONSE TO THIS  GROW-
ING PROBLEM, THE LEGISLATURE HEREBY DIRECTS THE COMMISSIONER OF DEVELOP-
MENTAL  DISABILITIES TO DEVELOP AND IMPLEMENT A PROGRAM OF TIERED ELIGI-
BILITY FOR OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES'  SERVICES
FOR  PERSONS  WITH  LEARNING DISABILITIES AND OTHER COMPLEX NEUROLOGICAL
IMPAIRMENTS. THIS TIERED SERVICE-DELIVERY MODEL WOULD ALLOW SERVICES  TO
BE  TARGETED AND BASED ON AN INDIVIDUAL'S SPECIFIC NEEDS, WHICH FOR SOME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02834-01-3
              

A. 6787                             2

MAY BE MORE INTENSIVE AND FOR OTHERS RELATIVELY MINIMAL. THIS MODEL WILL
ALSO FACILITATE RAPID RESPONSE TO  ADDRESSING  PROBLEMS  ENCOUNTERED  BY
INDIVIDUALS IN CRISIS.  PROVIDING SERVICES THAT ARE TRULY NEEDED WILL BE
MORE  COST  EFFECTIVE AND A MORE SENSIBLE OPTION THAN THE CURRENT ELIGI-
BILITY PROCESS UTILIZED BY THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
DISABILITIES.
  2.  WHEN  USED  IN  THIS ARTICLE, UNLESS OTHERWISE EXPRESSLY STATED OR
UNLESS THE CONTEXT OTHERWISE REQUIRES:
  (A) "LEARNING DISABILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC
PSYCHOLOGICAL PROCESSES INVOLVED IN UNDERSTANDING OR IN USING SPOKEN  OR
WRITTEN  LANGUAGE,  WHICH MAY MANIFEST ITSELF IN AN IMPERFECT ABILITY TO
LISTEN, THINK, SPEAK, READ, WRITE, SPELL OR TO  DO  MATHEMATICAL  CALCU-
LATIONS. THIS INCLUDES SUCH CONDITIONS AS PERCEPTUAL DISABILITIES, MINI-
MAL BRAIN DYSFUNCTION, DYSLEXIA, DYSGRAPHIA, DYSCALCULIA, DYSPRAXIA, AND
DEVELOPMENTAL APHASIA;
  (B)  "COMPLEX NEUROLOGICAL IMPAIRMENT" MEANS AUTISM SPECTRUM DISORDER,
SUCH AS ASPERGER'S SYNDROME, OR OTHER COGNITIVE DISABILITIES OF A  SIMI-
LAR NATURE AND RESULTING IN SIMILAR NEEDS BY AFFECTED INDIVIDUALS;
  (C) "INTENSIVE SERVICE NAVIGATION" MEANS A SERVICE WHOSE PRIMARY FUNC-
TION  IS  TO  CONNECT  PERSONS  WITH  LEARNING DISABILITIES AND/OR OTHER
COMPLEX NEUROLOGICAL IMPAIRMENTS TO APPROPRIATE SERVICES  AND  SUPPORTS.
INTENSIVE  SERVICE NAVIGATION COORDINATES ALL SERVICES FOR A PERSON WITH
A LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGICAL  IMPAIRMENT  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  MENTAL HEALTH SERVICES, PARENTING CLASSES,
SUPPORT GROUPS, RECREATIONAL ACTIVITIES, VOCATIONAL SERVICES, AND EDUCA-
TIONAL TRANSITIONAL PLANNING AND ALL BASIC NEEDS OF THE INDIVIDUAL.  THE
SERVICES  OF  THE  INTENSIVE  SERVICE  NAVIGATOR  ARE  TIME  LIMITED AND
ORIENTED TO SHORT TERM CRISIS INTERVENTION.
  3. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS CHAPTER OR  ANY
OTHER  STATE  LAW,  THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL
ESTABLISH A PROGRAM OF TIERED ELIGIBILITY FOR SERVICES  OFFERED  BY  THE
OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  FOR PERSONS WITH
LEARNING DISABILITIES AND OTHER COMPLEX NEUROLOGICAL  IMPAIRMENTS.  SUCH
PROGRAM SHALL CONTAIN THE FOLLOWING ELEMENTS:
  (A)  WHEN AN INDIVIDUAL PRESENTS TO A SERVICE PROVIDER SEEKING SUPPORT
SERVICES, THE SERVICE PROVIDER SHALL  DETERMINE  IF  THE  INDIVIDUAL  IS
PRESENTING  WITH  A  LEARNING  DISABILITY  OR OTHER COMPLEX NEUROLOGICAL
IMPAIRMENT. IF THE SERVICE PROVIDER DETERMINES THAT THE INDIVIDUAL IS  A
PERSON  WITH AN APPARENT LEARNING DISABILITY OR OTHER COMPLEX NEUROLOGI-
CAL IMPAIRMENT, AND THAT SUCH INDIVIDUAL REQUIRES IMMEDIATE  SERVICE  IN
ORDER TO PROTECT AND PROMOTE THE INDIVIDUAL'S HEALTH AND SAFETY, OR THAT
THE  INDIVIDUAL OTHERWISE FACES A CRISIS SITUATION THAT CAN BE HELPED BY
SERVICE AND ASSISTANCE, THE SERVICE PROVIDER MAY  IMPLEMENT  THE  TIERED
SERVICES ELIGIBILITY PROGRAM;
  (B)  TIER  ONE OF THE TIERED SERVICES ELIGIBILITY PROGRAM WILL CONSIST
OF  THE  IMMEDIATE  PROVISION  OF  INTENSIVE  SERVICE  NAVIGATION.  THIS
PROVISION OF SERVICES WILL BE PROVIDED FOR UP TO SIX MONTHS IN DURATION.
THE  SERVICE MAY END ANYTIME PRIOR TO THE END OF THE SIX-MONTH PERIOD IF
THE INDIVIDUAL AND SERVICE PROVIDER AGREE THAT  NO  FURTHER  SERVICE  OR
INTERVENTION  IS  REQUIRED. IF THE INDIVIDUAL AND SERVICE PROVIDER AGREE
AT THE END OF THE SIX MONTH PERIOD THAT THE NEED FOR  SERVICES  PERSISTS
AND  MORE  INTERVENTION  IS REQUIRED, THE INDIVIDUAL WILL MOVE INTO TIER
TWO;
  (C) TIER TWO OF  THE  TIERED  SERVICES  ELIGIBILITY  PROGRAM  WILL  BE
PROVIDED FOR UP TO AN ADDITIONAL SIX-MONTH PERIOD AND PROVIDE:

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  (1)   CONTINUATION   AND  INTENSIFICATION  OF  THE  INTENSIVE  SERVICE
NAVIGATOR'S EFFORTS TO STABILIZE THE INDIVIDUAL'S CRISIS SITUATION;
  (2)  A  PROCESS POTENTIALLY LEADING TO FULL ELIGIBILITY FOR OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES' SERVICES. AS PART OF THIS  PROC-
ESS,  THE  INTENSIVE SERVICE NAVIGATOR WILL CONDUCT AN ASSESSMENT OF THE
INDIVIDUAL'S ADAPTIVE BEHAVIOR LEVELS, CONDUCT AN ASSESSMENT OF AN INDI-
VIDUAL'S ABILITY TO EFFECTIVELY LEARN AND PUT INTO PRACTICE NEW ADAPTIVE
SKILLS, AND GENERALLY PREPARE THE INDIVIDUAL FOR THE  ELIGIBILITY  PROC-
ESS;
  (D)  IF  DURING  TIER  TWO,  THE  INDIVIDUAL LEARNS NEW SKILLS AND THE
CRISIS SUBSIDES, THE INDIVIDUAL AND  SERVICE  PROVIDER  CAN  AGREE  THAT
SERVICES BE TERMINATED PRIOR TO THE CONCLUSION OF THIS TIER; AND
  (E)  IF  THE INTENSIVE SERVICE NAVIGATOR AND INDIVIDUAL AGREE THAT THE
INDIVIDUAL WOULD BENEFIT FROM ON-GOING SERVICE AND SUPPORT,  THE  INTEN-
SIVE  SERVICE  NAVIGATOR  WILL  ASSIST THE INDIVIDUAL IN APPLYING TO THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES FOR A FULL ELIGIBILITY
DETERMINATION.
  4. THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL, IN  CONSULTA-
TION WITH EXPERIENCED SERVICE PROVIDERS, DEVELOP A REIMBURSEMENT METHOD-
OLOGY  FOR  INTENSIVE  SERVICE  NAVIGATION AS DESCRIBED IN THIS SECTION.
SUCH REIMBURSEMENT SHALL COVER THE SERVICE PROVIDER'S  REASONABLE  COSTS
FOR  PROVIDING THIS SERVICE AND BE PAID TO THE SERVICE PROVIDERS AS PART
OF THE USUAL AND CUSTOMARY COST REIMBURSEMENT PROCESS.
  5. IN DEVELOPING THIS PROGRAM, THE COMMISSIONER OF DEVELOPMENTAL DISA-
BILITIES SHALL CONSULT WITH A STATEWIDE ASSOCIATION SPECIFICALLY REPRES-
ENTING INDIVIDUALS  WITH  LEARNING  DISABILITIES  AND  RELATED  SERVICES
PROVIDERS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided however, that the commissioner of
developmental disabilities is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement  this
act on its effective date on or before such effective date.