NY State Senate Bill 2021-S8759

Senate Bill S8759

2021-2022 Legislative Session

Requires an independent firm to conduct a study on the OPWDD eligibility criteria and determinations following diagnostic evaluations by a licensed professional and distribution of services

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Archive: Last Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2022	referred to disabilities

2021-S8759 (ACTIVE) - Details

Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene
Versions Introduced in 2023-2024 Legislative Session:: S3137

2021-S8759 (ACTIVE) - Summary

Requires the commissioner of the office for people with developmental disabilities to work with an independent firm to allow such firm to conduct a study on the OPWDD eligibility criteria and determinations following diagnostic evaluations by a licensed professional and distribution of services.

2021-S8759 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8759

SPONSOR: MANNION
 
TITLE OF BILL:

An act in relation to requiring the commissioner of the office for
people with developmental disabilities to work with an independent firm
to allow such firm to conduct a study on the number of New York state
residents in need of disability services and the office for people with
developmental disabilities' eligibility criteria and determinations
following diagnostic evaluations by a licensed professional and distrib-
ution of services

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation requires an independent firm up conduct a study on
OPWDD eligibility criteria and determinations.

 
SUMMARY OF PROVISIONS:

Section 1. The commissioner of the office for people with developmental
disabilities shall work with an independent firm to conduct a comprehen-

sive study analyzing the number of New York state residents in need of
disability services and the effect of using the adaptive behavior
assessment system to determine the eligibility for services. A report
must be submitted to the speaker of the assembly, the minority leader of
the assembly, the temporary president of the Senate, the minority leader
of the Senate, and the governor's office of employee relations, and make
the report publicly available on the office's website no later than one
year after the effective date of this section.

The report shall include, but is not limited to, the number of persons
with a developmental disability in New York State that qualify for
services through OPWDD within the past five years, the number of persons
with a developmental disability who have applied for services and were
deemed ineligible through OPWDD within the past five years, and the
number of persons with a developmental disability who used the adaptive
behavior assessment system as their diagnostic evaluation for determin-
ing eligibility within the past five years.  The report must also
include, the number of persons with a developmental disability who used
the adaptive behavior assessment system to determine eligibility and did
not receive services from OPWDD due to scoring above the threshold of
eligibility within the past five years, recommendations based on the
findings from the report as to whether the state can take additional
action to ensure those in need of services provided OPWDD that are
eligible. The office is required to separate its findings regionally to
target underserved areas.

OPWDD may conduct this study in conjunction with any other department,
division board, bureau, commission, agency, or public authority of the
state they deem necessary. The OPWDD commissioner is authorized to
request, receive, and utilize resources and data from any of those
departments. OPWDD shall promulgate rules and regulations as may be
necessary to effectuate the provisions of this section.

Section 2. Effective date

 
JUSTIFICATION:

According to the Office for People with Developmental Disabilities'
report from 2020, over 120,000 people receive OPWDD Medicaid services.
This makes up 95 percent of their served population and is an approxi-
mate 13 percent increase from 2014. Those receiving services have multi-
ple diagnoses, including but not limited to Autism Spectrum Disorder,
Cerebral Palsy, Epilepsy, etc.

This legislation requires that the OPWDD commissioner works with an
independent firm to study the number of New York state residents in need
of disability services and the office for people with developmental
disabilities' eligibility criteria and determinations following diagnos-
tic evaluations by a licensed professional and distribution of services.
The data found while conducting the study will be put into a report and
separated regionally so OPWDD can target underserved areas in the state
and will include recommendations for improvements within OPWDD.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
Immediately

2021-S8759 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8759
 
                             I N  S E N A T E
 
                              April 12, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT in relation to requiring  the  commissioner  of  the  office  for
   people  with  developmental  disabilities  to work with an independent
   firm to allow such firm to conduct a study on the number of  New  York
   state  residents  in  need  of  disability services and the office for
   people  with  developmental  disabilities'  eligibility  criteria  and
   determinations  following diagnostic evaluations by a licensed profes-
   sional and distribution of services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 1. The commissioner of the office for people with develop-
 mental disabilities shall work with an independent firm  to  allow  such
 firm  to  conduct  a comprehensive study analyzing the office for people
 with developmental disabilities, the number of New York state  residents
 in  need of disability services and the effectiveness of using the adap-
 tive behavior assessment system to determine  eligibility  for  services
 and  submit a report to the speaker of the assembly, the minority leader
 of the assembly, the temporary president of  the  senate,  the  minority
 leader  of  the  senate and the governor's office of employee relations,
 and make publicly available on the office's website no  later  than  one
 year after the effective date of this section.
   2. (a) Such report shall include, but not be limited to:
   (i)  the number of persons with a developmental disability in New York
 state who qualified for services through  the  office  for  people  with
 developmental disabilities within the last five years;
   (ii)  the  number  of persons with a developmental disability who have
 applied for services and were deemed ineligible through the  office  for
 people with developmental disabilities within the last five years;
   (iii)  the  number of persons with a developmental disability for whom
 the adaptive behavior assessment system determined their eligibility for
 services within the last five years;
   (iv) the number of persons with a developmental  disability  for  whom
 the  adaptive  behavior assessment system determined their ineligibility
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14729-04-2
 S. 8759                             2
 
 for services from the office for people with developmental  disabilities
 due  to  scoring above the threshold of eligibility within the last five
 years and who completed the office for people with  developmental  disa-
 bilities' appeal process after being deemed ineligible;
   (v) the number of persons with a developmental disability who appealed
 their  ineligibility determination and ultimately received services from
 the office for people with developmental disabilities;
   (vi) an analysis of eligibility requirements,  services  determination
 process,  and any other processes deemed necessary for review within the
 scope of such report; and
   (vii) recommendations based on the findings  from  the  report  as  to
 whether  the state can take additional action to ensure those in need of
 services provided by the office for people with developmental  disabili-
 ties are deemed eligible.
   (b)  The independent firm shall separate their findings in such report
 regionally to assist in targeting the areas that are most underserved.
   3. For the purposes of this section, the independent firm may  conduct
 such  study  in  conjunction with any other department, division, board,
 bureau, commission, agency, or public  authority  of  the  state  deemed
 necessary.    To  the  maximum  extent feasible, the commissioner of the
 office for people with developmental disabilities shall be authorized to
 request, receive, and utilize such  resources  and  data  of  any  other
 department,  division,  board,  bureau,  commission,  agency,  or public
 authority of the state as he or she may reasonably request  to  properly
 carry out his or her powers and duties pursuant to this section.
   4.  The commissioner of the office for people with developmental disa-
 bilities shall promulgate rules and regulations as may be  necessary  to
 effectuate the provisions of this section.
   § 2. This act shall take effect immediately.

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