S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4364
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, WEPRIN, HOOPER, WALTER, SANTABARBARA --
   Multi-Sponsored by -- M. of A. COOK, CUSICK -- read once and  referred
   to the Committee on Mental Health
 
 AN  ACT  to  amend  the mental hygiene law, in relation to requiring the
   office for people with developmental disabilities to submit an updated
   waitlist and placement report to the senate and assembly
 
   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
 13.28 to read as follows:
 § 13.28 OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES;  RESIDENTIAL
           WAITLIST AND PLACEMENT REPORT.
   THE  OFFICE  SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND NINETEEN, AND
 EVERY SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT REPORT TO
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
 INCLUDING THE FOLLOWING INFORMATION:
   (A)  WAITLIST INFORMATION. SUCH WAITLIST INFORMATION SHALL INCLUDE THE
 STATEWIDE NUMBER OF INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO  THE
 TOTAL  NUMBER  OF  INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY
 SERVICES OFFICE'S GEOGRAPHIC AREA WHO AWAIT  RESIDENTIAL  PLACEMENT  AND
 ARE EXPECTED TO REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFOR-
 MATION  SHALL BE GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT
 AND THE AGE OF THEIR CAREGIVER, IF  ANY.  SUCH  INFORMATION  SHALL  ALSO
 INCLUDE:
   1.  THE  TYPE  OF  PLACEMENT  SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE
 DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
 THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL  REQUIRING  INTENSIVE
 MEDICAL CARE;
   2.  NON-CERTIFIED  RESIDENTIAL  PLACEMENT  OUTSIDE  OF THE PARENT'S OR
 PARENTS' OR OTHER CAREGIVER'S HOME; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08962-01-7
              

 A. 4364                             2
 
   3. THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE  HOME  AND  COMMUNITY
 BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
   (B) PLACEMENT INFORMATION. SUCH PLACEMENT INFORMATION SHALL INCLUDE:
   1.  THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE SETTINGS
 LISTED IN PARAGRAPHS ONE, TWO AND  THREE  OF  SUBDIVISION  (A)  OF  THIS
 SECTION  DURING  THE  SIX  MONTHS  PRECEDING  THE DATE OF RELEASE OF THE
 REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
   2. THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE  WAIT-
 LIST,  PLACED  WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO
 AND THREE OF SUBDIVISION (A) OF  THIS  SECTION  DURING  THE  SIX  MONTHS
 PRECEDING  THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO SUBDI-
 VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
   (C) THE COMMISSIONER SHALL REPORT THE NUMBER OF  INDIVIDUALS  WHO  ARE
 CURRENTLY  PLACED  IN  A RESIDENTIAL PROGRAM, WHOSE CURRENT LIVING SITU-
 ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
 NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
   1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
   2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
 (A) OF THIS SECTION; AND
   3. THE NUMBER OF CHILDREN IN RESIDENTIAL PLACEMENTS  EXPECTED  TO  AGE
 OUT  OF  SUCH  PLACEMENTS  WITHIN  A YEAR AND PLANS FOR CONTINUING THEIR
 PLACEMENTS AS ADULTS;
   (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
 FOR AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR  PARENT
 OR  GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD PRECEDING
 THE DATE OF RELEASE OF A REPORT, WITH CATEGORICAL  DESCRIPTIONS  OF  THE
 REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
 SITUATION;
   (E)  THE  COST  OF  PLACEMENTS  MADE  DURING THE PERIOD OF SUCH REPORT
 DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
 DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
   (F) THE APPROPRIATION AUTHORITY USED TO FUND  PLACEMENTS  MADE  DURING
 THE  PERIOD  OF THE REPORT, INCLUDING THE YEAR OF THE ORIGINAL APPROPRI-
 ATION AND BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION  BY  CATEGORY
 SUCH AS OPTS, NYS-CARES OR OTHER CATEGORIES;
   (G)  PROJECTED  FUNDING  REQUIREMENTS FOR INDIVIDUALS REMAINING ON THE
 WAITING LIST;
   (H) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS  WHO  WILL  REQUIRE
 OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
 UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
   (I)  A  PLAN  FOR  MEETING THE OUT-OF-HOME RESIDENTIAL PLACEMENT NEEDS
 SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
 ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
 SION (A) OF THIS SECTION; AND
   (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.