S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4871
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to the duties of the
   independent developmental disability ombudsperson 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] OMBUDSPERSON
           program.
   (a) There is hereby established by the office for people with develop-
 mental disabilities the independent developmental disability [ombudsman]
 OMBUDSPERSON 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] OMBUDSPERSON 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  OMBUDSPERSON
 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.
                                                            LBD09535-01-5
              

 S. 4871                             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] OMBUDSPERSON 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]
 OMBUDSPERSON program may be allocated and distributed by the commission-
 er of the office for people with developmental disabilities, subject  to
 the  approval  of the director of the budget, but only after the commis-
 sioner of the office for people with developmental disabilities holds  a
 request  for  proposal  process  for the establishment of an independent
 developmental disability [ombudsman] OMBUDSPERSON program. ONLY DOMESTIC
 NOT-FOR-PROFIT CORPORATIONS SHALL BE ELIGIBLE TO  SUBMIT  PROPOSALS  FOR
 SUCH  PROGRAM.  ENTITIES  THAT CURRENTLY RECEIVE FUNDING FROM THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO PROVIDE SERVICES TO PEOPLE
 WITH DEVELOPMENTAL DISABILITIES, OR TO OPERATE CARE COORDINATION  ORGAN-
 IZATIONS,  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  proc-
 ess  and shall determine which proposal submitted is appropriate for the
 establishment of an  independent  developmental  disability  [ombudsman]
 OMBUDSPERSON  program.  In  making  such  determination,  applicants who
 demonstrate experience providing advocacy or assistance to  people  with
 developmental disabilities, EXPERIENCE OPERATING A CALL CENTER, or expe-
 rience  tracking and reporting on case activities while protecting indi-
 vidual 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.