S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7728
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced by M. of A. BUTTENSCHON, GUNTHER -- read once and referred to
   the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to the establishment
   of the independent intellectual and developmental disability ombudsman
   program
 
   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
 33.29 to read as follows:
 §  33.29 INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILITY OMBUDSMAN
           PROGRAM.
   (A) THERE IS HEREBY ESTABLISHED THE OFFICE OF THE  INDEPENDENT  INTEL-
 LECTUAL  AND  DEVELOPMENTAL  DISABILITY  OMBUDSMAN  PROGRAM THAT WILL BE
 OPERATED OR SELECTED BY THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISA-
 BILITIES  FOR  THE PURPOSE OF ASSISTING INDIVIDUALS WITH AN INTELLECTUAL
 OR DEVELOPMENTAL DISABILITY TO ENSURE THAT THEY  RECEIVE  COVERAGE  FROM
 MANAGED CARE ORGANIZATIONS THAT IS APPROPRIATE IN MEETING THEIR INDIVID-
 UAL SERVICE NEEDS.
   (B)  SUCH  OMBUDSMAN  WILL  IDENTIFY,  INVESTIGATE,  REFER AND RESOLVE
 COMPLAINTS THAT ARE MADE BY, OR ON  BEHALF  OF,  CONSUMERS  RELATIVE  TO
 COVERAGE  UNDER  A  MANAGED  CARE ORGANIZATION AND ACCESS TO INITIAL AND
 CONTINUING  INTELLECTUAL  AND  DEVELOPMENTAL  DISABILITY  SERVICES   AND
 SUPPORTS;  AND ACCEPT, INVESTIGATE, REFER AND HELP TO RESOLVE COMPLAINTS
 THAT ARE MADE BY OR ON BEHALF OF CONSUMERS OR BY PROVIDERS  RELATIVE  TO
 NETWORK ADEQUACY FOR ACCESS TO INTELLECTUAL AND DEVELOPMENTAL DISABILITY
 SERVICES AND SUPPORTS.
   (C)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW AND SECTION ONE  HUNDRED  FORTY-TWO
 OF  THE ECONOMIC DEVELOPMENT LAW, OR ANY OTHER INCONSISTENT PROVISION OF
 LAW, FUNDS AVAILABLE FOR EXPENDITURE PURSUANT TO THIS  SECTION  FOR  THE
 ESTABLISHMENT OF AN OMBUDSMAN PROGRAM FOR INTELLECTUAL AND DEVELOPMENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11224-01-9

 A. 7728                             2
 
 DISABILITY,  MAY BE ALLOCATED AND DISTRIBUTED BY THE COMMISSIONER OF THE
 OFFICE FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  SUBJECT  TO  THE
 APPROVAL  OF  THE  DIRECTOR  OF THE BUDGET, WITHOUT A COMPETITIVE BID OR
 REQUEST  FOR  PROPOSAL  PROCESS  FOR  THE  ESTABLISHMENT OF AN OMBUDSMAN
 PROGRAM FOR INTELLECTUAL AND DEVELOPMENTAL DISABILITY. PROVIDED,  HOWEV-
 ER,  THAT  SUCH  ALLOCATION  OR  DISTRIBUTION MUST BE BASED ON OBJECTIVE
 CRITERIA AND AN ALLOCATION METHODOLOGY THAT IS APPROVED BY THE  DIRECTOR
 OF THE BUDGET.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.