S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4563
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER,  ADDABBO,  BAILEY,  KENNEDY,  MONTGOMERY,
   PERSAUD -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Mental Health and Developmental Disabil-
   ities
 
 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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04401-01-9

 S. 4563                             2
 
 IMPAIRMENTS. THIS TIERED SERVICE-DELIVERY MODEL WOULD ALLOW SERVICES  TO
 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;

 S. 4563                             3
 
   (C)  TIER  TWO  OF  THE  TIERED  SERVICES  ELIGIBILITY PROGRAM WILL BE
 PROVIDED FOR UP TO AN ADDITIONAL SIX-MONTH PERIOD AND PROVIDE:
   (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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.