BILL NUMBER:S2767

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 conditions in the
existing definition to classify or define someone  as  developmentally
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 substantial 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  appropriate  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
measures, 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 disability 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
everyday 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 appropriate 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 socially funded programs.

LEGISLATIVE HISTORY:

2013-14: S.3232 - Referred to Mental Health and Dev. Disabilities
2011-12: S.3431 - Referred to Mental Health and Dev. Disabilities
2009-10:   S.186A/A.7787   -   Referred  to  Mental  Health  and  Dev.
Disabilities
2007-08: S.8043/A.11020 - Passed the Senate, Died in Assembly  Ways  &
Means

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:


30 days after enactment.