S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9779
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with Disabilities
 
 AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
   office for people with developmental disabilities to submit an updated
   waitlist and placement report to the senate and assembly
 
   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
 13.28 to read as follows:
 §  13.28  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; RESIDENTIAL
           WAITLIST AND PLACEMENT REPORT.
   THE OFFICE SHALL SUBMIT BY JANUARY FIRST,  TWO  THOUSAND  TWENTY-FIVE,
 AND  EVERY  SIX  MONTHS  THEREAFTER,  AN  UPDATED WAITLIST AND PLACEMENT
 REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
 ASSEMBLY, INCLUDING THE FOLLOWING INFORMATION:
   (A)  SUCH  WAITLIST  INFORMATION SHALL INCLUDE THE STATEWIDE NUMBER OF
 INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN  INTO  THE  TOTAL  NUMBER  OF
 INDIVIDUALS  FROM WITHIN EACH DEVELOPMENTAL DISABILITY SERVICES OFFICE'S
 GEOGRAPHIC AREA WHO AWAIT RESIDENTIAL  PLACEMENT  AND  ARE  EXPECTED  TO
 REQUIRE  SUCH  PLACEMENT WITHIN THE NEXT YEAR. SUCH INFORMATION SHALL BE
 GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT AND THE  AGE  OF
 THEIR CAREGIVER, IF ANY. SUCH INFORMATION SHALL ALSO INCLUDE:
   1.  THE  TYPE  OF  PLACEMENT  SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE
 DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND
 THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL  REQUIRING  INTENSIVE
 MEDICAL CARE;
   2.  NON-CERTIFIED  RESIDENTIAL  PLACEMENT  OUTSIDE  OF THE PARENT'S OR
 PARENTS' OR OTHER CAREGIVER'S HOME; AND
   3. THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE  HOME  AND  COMMUNITY
 BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
   (B) SUCH PLACEMENT INFORMATION SHALL INCLUDE:
   1.  THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE SETTINGS
 LISTED IN PARAGRAPHS ONE, TWO AND  THREE  OF  SUBDIVISION  (A)  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04603-01-3
              

 A. 9779                             2
 
 SECTION  DURING  THE  SIX  MONTHS  PRECEDING  THE DATE OF RELEASE OF THE
 REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND
   2.  THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE WAIT-
 LIST, PLACED WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS  ONE,  TWO
 AND  THREE  OF  SUBDIVISION  (A)  OF  THIS SECTION DURING THE SIX MONTHS
 PRECEDING THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO  SUBDI-
 VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS;
   (C)  THE  COMMISSIONER  SHALL REPORT THE NUMBER OF INDIVIDUALS WHO ARE
 CURRENTLY PLACED IN A RESIDENTIAL PROGRAM, WHOSE  CURRENT  LIVING  SITU-
 ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
 NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO:
   1. THE NUMBER AND AGE OF SUCH INDIVIDUALS;
   2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION
 (A) OF THIS SECTION; AND
   3.  THE  NUMBER  OF CHILDREN IN RESIDENTIAL PLACEMENTS EXPECTED TO AGE
 OUT OF SUCH PLACEMENTS WITHIN A YEAR  AND  PLANS  FOR  CONTINUING  THEIR
 PLACEMENTS AS ADULTS;
   (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED
 FOR  AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR PARENT
 OR GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD  PRECEDING
 THE  DATE  OF  RELEASE OF A REPORT, WITH CATEGORICAL DESCRIPTIONS OF THE
 REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH
 SITUATION;
   (E) THE COST OF PLACEMENTS MADE  DURING  THE  PERIOD  OF  SUCH  REPORT
 DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI-
 DENTIAL PLACEMENTS OR OTHER PLACEMENTS;
   (F)  THE  APPROPRIATION  AUTHORITY USED TO FUND PLACEMENTS MADE DURING
 THE PERIOD OF THE REPORT, INCLUDING THE YEAR OF THE  ORIGINAL  APPROPRI-
 ATION  AND  BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION BY CATEGORY
 SUCH AS OPTS, NYS-CARES OR OTHER CATEGORIES;
   (G) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS  REMAINING  ON  THE
 WAITING LIST;
   (H)  AN  UPDATED  FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
 OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID-
 UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS;
   (I) A PLAN FOR MEETING THE  OUT-OF-HOME  RESIDENTIAL  PLACEMENT  NEEDS
 SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD-
 ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI-
 SION (A) OF THIS SECTION; AND
   (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.