NY State Senate Bill 2023-S823

Senate Bill S823

Signed By Governor

2023-2024 Legislative Session

Requires that applications submitted by individuals with developmental disabilities for eligibility determinations and service authorizations be processed in a timely manner

download bill text pdf

Current Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2023	signed chap.106 delivered to governor
Mar 13, 2023	returned to senate passed assembly ordered to third reading cal.48 substituted for a2890
Feb 08, 2023	referred to people with disabilities delivered to assembly passed senate
Jan 09, 2023	ordered to third reading cal.32
Jan 06, 2023	referred to rules

Votes

- Feb 8, 2023 - Floor Vote
  S823
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 8, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Brouk
  Jan 9, 2023 - Rules Committee Vote
  S823
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 9, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      excused (2)
      
      Griffo
      
      Lanza

2023-S823 (ACTIVE) - Details

See Assembly Version of this Bill:: A2890
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.07, Ment Hyg L (as proposed in S.8442 & A.9920)

2023-S823 (ACTIVE) - Summary

Requires that applications submitted by individuals with developmental disabilities for eligibility determinations and service authorizations be processed in a timely manner; provides that where such application is not reasonably clear or omits required information or where the office reasonably suspects fraud based on specific information available, the office shall notify the applicant in writing requesting the specific information needed to process such application; removes reporting requirements.

2023-S823 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S823

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring that
applications submitted by individuals with developmental disabilities
for eligibility determinations and service authorizations be processed
in a timely manner

 
PURPOSE:

This is a chapter amendment that changes provisions of L.2022, c.608,
related to the application timeline for eligibility determinations and
service authorizations for services from the Office of People with
Developmental Disabilities (OPWDD), as well as eliminates a quarterly
reporting requirement concerning eligibility determinations and service
authorizations.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by clarifying the appli-

cation timeline for eligibility determinations and service authori-
zations for services through OPWDD. OPWDD will have to process all
complete applications within one hundred and twenty days of receiving
them. For applications that are unclear, lack information, or if OPWDD
reasonably suspects fraud, OPWDD must notify the applicant in writing
within thirty days to correct it. Between requesting the information and
receiving it, the processing timeline freezes. Once OPWDD receives the
information, the office has the rest of the one hundred and twenty-day
processing period to complete processing the application.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 806 of the Laws of 2022. S.8442 and A.9920
both passed the Senate and Assembly, respectfully, in May and June 2022.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the mental hygiene law, in relation
to requiring that applications submitted by individuals with develop-
mental disabilities for eligibility determinations and service authori-
zations be processed in a timely manner, as proposed in legislative
bills numbers S.8442 and A.9920, takes effect.

2023-S823 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    823
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the mental hygiene law, in relation  to  requiring  that
   applications  submitted by individuals with developmental disabilities
   for eligibility determinations and service authorizations be processed
   in a timely manner
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (c-1) of section 13.07 of the mental hygiene
 law, as added by a chapter of the  laws  of  2022  amending  the  mental
 hygiene  law  relating to requiring that applications submitted by indi-
 viduals with developmental disabilities for  eligibility  determinations
 and  service authorizations be processed in a timely manner, as proposed
 in legislative bills numbers S. 8442 and A. 9920, is amended to read  as
 follows:
   (c-1)  1.  In carrying out the responsibilities identified in subdivi-
 sion (c) of this section, the office shall ensure that applications  for
 eligibility determinations and service authorizations are processed in a
 timely  manner. [Specifically, except in a case where the application is
 not reasonably clear, omits required information, or  when  there  is  a
 reasonable  basis supported by specific information available for review
 by the office that such application was submitted fraudulently, the] THE
 office shall complete processing of the application within A  PROCESSING
 PERIOD  OF one hundred twenty days of receipt of such application trans-
 mitted via the internet or electronic mail.
   2. [In the case where] WHERE the application is not  reasonably  clear
 or  [lacks]  OMITS  required information, OR WHERE THE OFFICE REASONABLY
 SUSPECTS FRAUD BASED ON SPECIFIC INFORMATION AVAILABLE  TO  THE  OFFICE,
 the  office shall notify the applicant in writing within thirty calendar
 days of the receipt of such application  [to]  AND  request  [all  addi-
 tional]  THE  SPECIFIC  information  needed to process such application.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04013-01-3

 S. 823                              2
 
 PROVIDED, HOWEVER, THAT THE PROCESSING PERIOD SHALL BE TOLLED  FROM  THE
 DATE  OF  NOTICE TO THE APPLICANT TO THE DATE OF RECEIPT OF THE COMPLETE
 APPLICATION BY THE OFFICE.
   3.  Upon receipt of the information requested in paragraph two of this
 subdivision, the office shall complete processing of the COMPLETE appli-
 cation within [sixty] THE REMAINING days OF THE PROCESSING PERIOD.
   [4. The office shall report on a quarterly basis to the  developmental
 disabilities  advisory  council,  the  governor, the chair of the senate
 disabilities committee  and  the  chair  of  the  assembly  disabilities
 committee  for  both  eligibility and service authorization applications
 (i) the number and type of applications received, including by geograph-
 ic region and/or county and the age or age-range of applicants, (ii) the
 number of each type of application approved, (iii) the average timeframe
 for approval from receipt to final approval for each  type  of  applica-
 tion,  (iv)  the number of each type of application pending, and (v) the
 number of each type of  application  disapproved  or  rejected  and  the
 grounds  for  such disapproval or rejection. Such report shall be posted
 and made available by the office on its website.]
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2022 amending the mental hygiene law
 relating to requiring that applications submitted  by  individuals  with
 developmental  disabilities  for  eligibility determinations and service
 authorizations be processed in a timely manner, as proposed in  legisla-
 tive bills numbers S. 8442 and A. 9920, takes effect.

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