BILL NUMBER:S3232

TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
the definition of "developmental disability"

PURPOSE:  To clarify that in addition to meeting all the other condi-
tions in the existing definition to classify or define someone as devel-
opmentally disabled, the individual may be found unable to engage in any
substantial gainful activity by reason of the disability (the definition
used to qualify someone for Social Security Disability by the federal
government) or found to have a substantial handicap to such person's
ability to function normally in society (the existing NYS criteria in
the statute).

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1.03 of the mental hygiene law to
include within the definition of developmental disability the provision
that, in addition to meeting all the other conditions in the existing
definition, the individual may be found unable to engage in any substan-
tial gainful activity by reason of the disability.

Section 2 This Act shall take effect on the 30th day after it shall
become law.

JUSTIFICATION:  The rate of autism has skyrocketed to the most recently
              

reported national figures of 1 in 150, the majority of whom are higher-
functioning. Therefore, New York State must revamp its definition of
developmental disability to ensure no one needing services is falling
through the cracks. Every effort must be made to provide coherent and
cohesive services early on to these and similarly situated developmental
disabled individuals who are currently being denied services by the
Office of People with Development Disability (OPWDD). With the appropri-
ate services, many can and do become independent and/or more productive
members of society.

The current definition of developmental disability requires that an
individual's disability must constitute a substantial handicap to such
person's ability to function normally in society. OPWDD established
Advisory Guidelines in August 2001 that address issues in determining
eligibility for OPWDD services. Among other things, the eligibility
criteria the Guideline uses are too linked to adaptive behavior meas-
ures, which are measures that are used primarily to determine the level
of disability for people with subnormal intelligence.

These guidelines have had the effect of barring many individuals who are
unable to work or live on their own and meet all the other requirements
for services from OPWDD, except the adaptive behavior measures. Many of
these individuals, all of whom must have, among other things, a disabil-
ity that began before their 21st birthday, are high functioning autistic
people who may be able to score high on intelligence exams, but have

significant social, emotional and behavioral impediments that make it
extraordinarily difficult to join the workforce or live on their own
without assistance. However, given the appropriate level of supportive
services, these individuals can and do become productive members of our
society.

This bill does not seek to create a class of disabled individuals who
will become a financial burden receiving benefits for a lifetime.
Instead, this legislation will provide disabled individuals with the
supportive services they need early on to transition into adulthood and
independence.

Eligibility for OPWDD services can currently end when you are fully
employed and no longer need services to maintain that employment.
However, without these vital services many people become frustrated,
their conditions deteriorate and they end up needing and using mental
health services for anxiety and depression throughout their lifetime and
remaining dependent upon their families and society for the basic every-
day needs of housing and food.

Today, many disabled young adults and their families are being caught in
a catch 22. They are being denied OPWDD services because they are
considered too high functioning, yet because of their significant
social, emotional and behavioral impairments, they find themselves
unprepared and unable to function independently in society. As a result,
they are being left to flounder in search of an array of services
provided by many different agencies (the Office of Mental Health, VESID,
etc.) and providers, none of which are equipped to address the problems
they face. Some families are divesting themselves of everything, even
their family home, to send their child to a program that can help them
make the transition to independence.  Others unable to get the appropri-
ate services are faced with finding someone to care for their child
after they die. The result is a group of young disabled individuals who
are unnecessarily falling through the cracks.

Not only is it morally imperative that we qualify these individuals for
OPWDD services, it is financially prudent to put the up front services
in place to help these disabled citizens integrate into society rather
than have society pay for care over a life time in various other social-
ly funded programs.

LEGISLATIVE HISTORY:  2011-12: S.3431 - Referred to Mental and Dev.
Disabilities 2009-2010: S.186A/A.7787 - Died in Mental Health 2007-2008:
S.8043/A.11020 - Passed the Senate, Died in Assembly Ways & Means

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  30 days after enactment.