S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3108--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens.  MANNION,  BROUK,  SALAZAR, SKOUFIS, WEBER -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Disabilities -- recommitted to the Committee on Disabili-
   ties in accordance with Senate Rule 6, sec. 8 -- 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[,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05102-02-3
 S. 3108--A                          2
              

 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
 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
 S. 3108--A                          3
 
 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.