S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8326
 
                             I N  S E N A T E
 
                             February 14, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to establishing  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
 33.28 to read as follows:
 § 33.28 INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILITY  OMBUDSMAN
           PROGRAM.
   (A) THERE IS HEREBY ESTABLISHED BY THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES THE INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISA-
 BILITY  OMBUDSMAN  PROGRAM FOR THE PURPOSE OF ASSISTING INDIVIDUALS WITH
 INTELLECTUAL AND DEVELOPMENTAL DISABILITIES TO ENSURE  THEIR  ACCESS  TO
 SERVICES AND PRESERVATION OF THEIR RIGHTS.
   (B) SUCH OMBUDSMAN PROGRAM SHALL HAVE THE FOLLOWING DUTIES, INCLUDING,
 BUT NOT LIMITED TO:
   1.  ESTABLISHING  A SERVICE DELIVERY STRUCTURE BASED IN NEW YORK STATE
 THAT INCLUDES A TOLL-FREE TELEPHONE HOTLINE, AN INTERACTIVE WEBSITE, AND
 AVAILABILITY OF IN-PERSON,  TELEPHONE  AND  EMAIL  ACCESS  TO  OMBUDSMAN
 PROGRAM STAFF OR VOLUNTEERS;
   2. IDENTIFYING, INVESTIGATING, REFERRING AND RESOLVING COMPLAINTS MADE
 BY,  OR  ON  BEHALF OF, INDIVIDUALS RELATIVE TO THEIR ACCESS TO SERVICES
 PROVIDED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR THE
 CARE COORDINATION PROVIDED BY  HEALTH  HOMES  SERVING  INDIVIDUALS  WITH
 INTELLECTUAL  AND/OR  DEVELOPMENTAL DISABILITIES OR SERVICES PROVIDED BY
 OTHER PROVIDERS;
   3. PROVIDING ASSISTANCE FOR NAVIGATING AND COMPLETING PROCESSES,  SUCH
 AS  PAPERWORK  AND  DOCUMENTATION,  TO  ACCESS  SERVICES PROVIDED BY THE
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR  THE  CARE  COORDI-
 NATION  PROVIDED  BY  HEALTH HOMES SERVING INDIVIDUALS WITH INTELLECTUAL
 AND/OR DEVELOPMENTAL DISABILITIES TO INDIVIDUALS OR SERVICES PROVIDED BY
 OTHER PROVIDERS, AND/OR ANYONE SEEKING ASSISTANCE ON THEIR BEHALF;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14557-01-2
 S. 8326                             2
 
   4. ASSISTING INDIVIDUALS IN FILING AND PREPARING APPEALS, AND  REPRES-
 ENTING  INDIVIDUALS  IN  APPEALS AND HEARINGS CONCERNING ADVERSE BENEFIT
 DETERMINATIONS REGARDING SERVICES PROVIDED BY THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES OR  HEALTH  HOMES  SERVING  INDIVIDUALS  WITH
 INTELLECTUAL   AND/OR   DEVELOPMENTAL  DISABILITIES  TO  INDIVIDUALS  OR
 SERVICES PROVIDED BY OTHER PROVIDERS;
   5.  COLLECTING,  TRACKING,  AND  QUANTIFYING  PROBLEMS  AND  INQUIRIES
 ENCOUNTERED BY INDIVIDUALS; AND
   6.  EDUCATING  INDIVIDUALS  ON  THEIR RIGHTS AND RESPONSIBILITIES WITH
 RESPECT TO ACCESS TO SERVICES PROVIDED BY THE  OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES  AND  CARE  COORDINATION  PROVIDED BY HEALTH
 HOMES SERVING INDIVIDUALS WITH INTELLECTUAL AND/OR  DEVELOPMENTAL  DISA-
 BILITIES OR SERVICES PROVIDED BY OTHER PROVIDERS.
   (C)  NOTICES  AND  MATERIALS PROVIDED TO INDIVIDUALS BY THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES, PROVIDERS OF SERVICES,  AND  THE
 HEALTH  HOMES SERVING INDIVIDUALS WITH INTELLECTUAL AND/OR DEVELOPMENTAL
 DISABILITIES SHALL INCLUDE THE NAME, PHONE NUMBER AND WEBSITE ADDRESS OF
 THE INDEPENDENT  INTELLECTUAL  AND  DEVELOPMENTAL  DISABILITY  OMBUDSMAN
 PROGRAM ESTABLISHED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
 ITIES PURSUANT TO THIS SECTION.
   (D)  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 INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILI-
 TY OMBUDSMAN PROGRAM MAY BE ALLOCATED AND DISTRIBUTED BY THE COMMISSION-
 ER  OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SUBJECT TO
 THE APPROVAL OF THE DIRECTOR OF THE BUDGET, BUT ONLY AFTER  THE  COMMIS-
 SIONER  OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES HOLDS A
 REQUEST FOR PROPOSAL PROCESS FOR THE  ESTABLISHMENT  OF  AN  INDEPENDENT
 INTELLECTUAL AND DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM. ONLY DOMES-
 TIC  NOT-FOR-PROFIT  CORPORATIONS  SHALL BE ELIGIBLE TO SUBMIT PROPOSALS
 FOR SUCH PROGRAM. ENTITIES  THAT  CURRENTLY  RECEIVE  FUNDING  FROM  THE
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO PROVIDE SERVICES TO
 PEOPLE  WITH  INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, OR TO OPERATE
 CARE COORDINATION ORGANIZATIONS, OR THAT BILL THE MEDICAID  PROGRAM  FOR
 MEDICAL  OR  HEALTHCARE  SERVICES, SHALL BE EXCLUDED FROM CONSIDERATION.
 THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILI-
 TIES  SHALL  CONSIDER  ALL  COMPETITIVE PROPOSALS SUBMITTED THROUGH SUCH
 REQUEST FOR PROPOSAL PROCESS AND SHALL DETERMINE, BASED ON  HIS  OR  HER
 DISCRETION,  WHICH PROPOSAL SUBMITTED IS MOST COMPETITIVE FOR THE ESTAB-
 LISHMENT OF AN INDEPENDENT  INTELLECTUAL  AND  DEVELOPMENTAL  DISABILITY
 OMBUDSMAN  PROGRAM. IN THE EXERCISE OF SUCH DISCRETION, THE COMMISSIONER
 OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL  EXERCISE
 A PREFERENCE IN FAVOR OF APPLICANTS WHO DEMONSTRATE EXPERIENCE PROVIDING
 ADVOCACY  OR  ASSISTANCE  TO  PEOPLE WITH INTELLECTUAL AND DEVELOPMENTAL
 DISABILITIES, EXPERIENCE OPERATING A CALL CENTER, AND EXPERIENCE  TRACK-
 ING  AND REPORTING ON CASE ACTIVITIES WHILE PROTECTING INDIVIDUAL CONFI-
 DENTIALITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.