S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1577--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. BUTTENSCHON, DARLING, EPSTEIN, CUNNINGHAM, McDO-
   NALD, STERN, GUNTHER, DeSTEFANO, GONZALEZ-ROJAS, SILLITTI -- read once
   and referred to the Committee on People with Disabilities -- recommit-
   ted to the Committee on People with Disabilities  in  accordance  with
   Assembly Rule 3, sec. 2 -- 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 duties of the
   independent developmental disability ombudsman program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 33.28 of  the  mental  hygiene  law,  as  added  by
 section  1  of  part KK of chapter 57 of the laws of 2023, is amended to
 read as follows:
 § 33.28 Independent developmental disability ombudsman program.
   (a) There is hereby established by the office for people with develop-
 mental disabilities the independent developmental  disability  ombudsman
 program  for  the  purpose  of  assisting individuals with developmental
 disabilities to ENSURE access BY SUCH INDIVIDUALS  TO  services  and  TO
 preserve 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 that
 are  made by, or on behalf of individuals relative to access to services
 provided by the office for people  with  developmental  disabilities  or
 care  coordination or other providers certified and/or authorized by the
 office to provide services to people with  developmental  disabilities[,
 and  access  to  initial  and  continuing intellectual and developmental
 disability services and supports];
   3. PROVIDING ASSISTANCE FOR NAVIGATING AND COMPLETING PROCESSES,  SUCH
 AS  PAPERWORK  AND  DOCUMENTATION,  TO  ACCESS  SERVICES PROVIDED BY THE
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05102-03-3
 A. 1577--A                          2
 
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR  THE  CARE  COORDI-
 NATION  PROVIDED  BY HEALTH HOMES SERVING INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES TO INDIVIDUALS OR SERVICES   PROVIDED BY  OTHER  PROVIDERS,
 AND/OR ANYONE SEEKING ASSISTANCE ON THEIR BEHALF;
   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
 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 DEVELOPMENTAL DISABILITIES 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 developmental  disabilities  shall
 include  the  name,  phone number and website address of the independent
 developmental disability ombudsman program established by the office for
 people with developmental disabilities pursuant to this section.    [The
 phone number shall be available for forty hours every week.]
   (d)  Funds  available for expenditure pursuant to this section for the
 establishment  of  an  independent  developmental  disability  ombudsman
 program  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 developmental disabilities holds a request
 for proposal process for the establishment of  an  independent  develop-
 mental disability ombudsman program. ONLY DOMESTIC NOT-FOR-PROFIT CORPO-
 RATIONS SHALL BE ELIGIBLE TO SUBMIT PROPOSALS FOR SUCH PROGRAM. ENTITIES
 THAT  CURRENTLY RECEIVE FUNDING FROM THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES TO PROVIDE SERVICES  TO  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES,  OR  TO  OPERATE  CARE COORDINATION ORGANIZATIONS, OR THAT
 BILL THE MEDICAID PROGRAM FOR MEDICAL OR HEALTH CARE SERVICES, SHALL  BE
 EXCLUDED  FROM  CONSIDERATION. The commissioner of the office for people
 with developmental disabilities shall consider all competitive proposals
 submitted through such request for proposal process and shall  determine
 which  proposal  submitted  is  appropriate  for the establishment of an
 independent developmental disability ombudsman program. In  making  such
 determination,  applicants who demonstrate experience providing advocacy
 or assistance to  people  with  developmental  disabilities,  EXPERIENCE
 OPERATING  A  CALL  CENTER, or experience tracking and reporting on case
 activities while protecting  individual  confidentiality  shall  receive
 deference for the award.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all policies and contracts
 issued,  renewed,  modified,  altered or amended on and after such date;
 provided, however, that if section 1 of part KK of  chapter  57  of  the
 laws  of  2023  shall  not have taken effect on or before such date then
 this act shall take effect on the same date and in the  same  manner  as
 such  section  of  such  part of such chapter of the laws of 2023, takes
 effect.