S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1766--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced by Sens. MANNION, MARTUCCI -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Disabilities --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00794-02-1

 S. 1766--A                          2
 
 LAW, FUNDS AVAILABLE FOR EXPENDITURE PURSUANT TO THIS  SECTION  FOR  THE
 ESTABLISHMENT OF AN OMBUDSMAN PROGRAM FOR INTELLECTUAL AND DEVELOPMENTAL
 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, BUT ONLY AFTER THE  COMMISSIONER
 OF  THE  OFFICE FOR PEOPLE WITH DEVELOPMENT DISABILITIES HOLDS A REQUEST
 FOR PROPOSAL PROCESS FOR THE ESTABLISHMENT OF AN OMBUDSMAN  PROGRAM  FOR
 INTELLECTUAL  AND  DEVELOPMENTAL  DISABILITY.  THE  COMMISSIONER  OF THE
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES  SHALL  CONSIDER  ALL
 COMPETITIVE  PROPOSALS SUBMITTED THROUGH SUCH REQUEST FOR PROPOSAL PROC-
 ESS AND SHALL DETERMINE, BASED ON HIS OR HER DISCRETION, WHICH  PROPOSAL
 SUBMITTED  IS  MOST  COMPETITIVE  FOR  THE ESTABLISHMENT OF AN OMBUDSMAN
 PROGRAM FOR INTELLECTUAL AND DEVELOPMENT DISABILITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.