NY State Senate Bill 2015-S1908

Senate Bill S1908

2015-2016 Legislative Session

Establishes a program of tiered eligibility for services offered by OPWDD for persons with learning disabilities and other complex neurological impairments

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to mental health and developmental disabilities
Jan 15, 2015	referred to mental health and developmental disabilities

2015-S1908 (ACTIVE) - Details

See Assembly Version of this Bill:: A511
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §41.59, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5209
2011-2012: S3020
2013-2014: S989, A6787
2017-2018: S3630, A501
2019-2020: S4563, A1734
2021-2022: S5079, A6070
2023-2024: S7896, A9996

2015-S1908 (ACTIVE) - Summary

Establishes 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.

2015-S1908 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1908

TITLE OF BILL:

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
disabilities and other complex neurological impairments

PURPOSE:

This bill directs the Commissioner of OPWDD to develop and implement a
two tiered service delivery model to target individual's specific
needs and provide quick response during crisis for persons with
learning disabilities and other complex neurological impairments,
including high functioning autism spectrum disorders.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 41.59 of the mental hygiene
law outlining legislative intent, defining terms, directing the
Commissioner of OPWDD to establish a program of tiered eligibility for
services for persons with learning disabilities and other complex
neurological impairments and sets forth the elements of such a
program. It also directs the Commissioner to develop a reimbursement
methodology for intensive services navigation as described in the bill

and to consult with a statewide association specifically representing
individuals with learning disabilities and related services providers.

Section 2 of the bill provides for an effective date 180 days after
enactment provided however that the Commissioner of OPWDD is
authorized to promulgate any and all rules and regulations necessary
to implement the act.

JUSTIFICATION:

Individuals with learning disabilities are disproportionately
afflicted with other problems in society. For example, up to 60% of
adolescents in treatment for substance abuse have learning
disabilities, 48% of those with learning disabilities are out of the
workforce, 44% of those on welfare (TANF) were found to have a
learning disability, 50% of juvenile delinquents tested were found to
have an undetected learning disability and 31% of students with
learning disabilities will be arrested 3-5 years out of high school to
name just some of the sobering statistics.

All too often, our failure to appropriately provide educational and
support services for persons with learning disabilities results in the
tragic and costly use of "last resort" programs. When you consider the
large proportion of incarcerated New York State youth who are known or
suspected of having a learning disability, or the numbers of adults
with learning disabilities in our State correctional facilities, or
the disproportionate number of persons with learning disabilities
receiving income supports, in addition to many other safety net
programs and initiatives serving persons with learning disabilities,
then you will see the huge costs of this tragedy, in both human and
fiscal terms. Yet research and experience demonstrates that modest


investments in educational and supportive services for persons with
learning disabilities will have a substantial positive impact on the
lives and relationships, while providing substantial savings to
taxpayers.

Over the last 15 years OPWDD services have become more Medicaid
oriented and, as a result, individuals who used to be qualified to
receive learning disability services often do not get qualified for
the services today. This proposal aims to provide a mechanism for the
state to respond to a crisis and to provide early intervention rather
than have people's only option be to wait for and pursue full OPWDD
eligibility. It creates a two tiered system. In tier one intensive
service navigation would be provided for a 3 to 6 month period and be
oriented to crisis intervention. Individuals all of whom have some
form of a neurological impairment and have recently experienced some
type of life changing event that has resulted in some form of crisis.
If the situation stabilized, the services would end. However, if the
need persisted and more direct intervention was required, individuals
would move into Tier 2 where service navigation would continue and
intensify and a process of assessing the individual's adaptive
behavior and providing new adaptive skills would begin. Tier 2 would
also be provided for 3-6 months and would end with either services
ending or they would continue to apply for OPWDD eligibility having
accurate information on the level of the person's handicapping
condition and the impact it is having on the individual's daily life.

This bill aims to provide assistance to those suffering from learning
disabilities who are experiencing crisis in their lives as a result of
that disability with assistance in navigating the situation, and if
necessary moving toward an application for OPWDD eligibility. It is a
triaged approach to serving many individuals in our society who are
falling through the cracks.

LEGISLATIVE HISTORY:

2013-14: S.989 - Died in Mental Health

2011-12:  S.3020 - Died in Mental Health

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

180 days after enactment.

2015-S1908 (ACTIVE) - Bill Text download pdf

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

                                  1908

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04348-01-5

S. 1908                             2

BE TARGETED AND BASED ON AN INDIVIDUAL'S SPECIFIC NEEDS, WHICH FOR  SOME
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:

S. 1908                             3

  (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.

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