S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9869
 
                           I N  A S S E M B L Y
 
                              April 24, 2024
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with 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.
              

                                                            LBD05267-01-3
 A. 9869                             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.