§ 703. Functions, powers and duties of the council. 1. The council
shall develop and oversee the implementation of a comprehensive
statewide plan for providing services to individuals of all ages with
disabilities in the most integrated setting. Such plan shall be
completed within one year of the effective date of this article. Such
plan shall include, but not be limited to

(a) the number of individuals of all ages with disabilities who are
currently institutionalized and are eligible for services in
community-based settings, the number of individuals residing in the
community who are dependent on the assistance of community-based
services to avoid institutionalization and any improvements necessary to
be made to current data collection systems or any new data collection
initiatives necessary to obtain such information;

(b) the current assessment procedures utilized to identify individuals
of all ages with disabilities who could benefit from services in a more
integrated setting and the development of a single assessment process
for individuals of all ages with disabilities in need of services, to be
implemented by one community-based agency in each county with expertise
in community-based services for people of all ages with disabilities
through the use of a uniform assessment tool;

(c) the identification of what community-based services are available
to individuals of all ages with disabilities in the state of New York
and an assessment of the extent to which these programs are able to
serve people in the most integrated settings;

(d) the identification of what improvements need to be made to the
system of community-based services to ensure that the system is
comprehensive, accessible, meets the needs of persons who are likely to
require assistance in order to live in the community and provides high
quality, adequate supports for individuals of all ages with
disabilities;

(e) an evaluation of the supports and services available to assist
individuals of all ages with disabilities who reside in their own homes
with the presence of other family members or other informal caregivers
and an evaluation of the supports and services available to address the
needs of individuals of all ages with disabilities who reside in their
own homes without family members or other informal caregivers;

(f) an examination of how the identified community-based supports and
services integrate individuals of all ages with disabilities into the
community;

(g) a review of what funding sources are available to increase the
availability of community-based services and an analysis of how the
varied funding sources available to meet the needs of individuals of all
ages with disabilities in the most integrated setting can be organized
into a coherent system of long term care which affords people reasonable
and timely access to community-based services;

(h) an assessment of how well the current service system works for
different populations, including but not limited to, elderly people with
disabilities, people with physical disabilities, people with
developmental disabilities, people with mental illness, and people with
HIV and AIDS, and a review of changes that might be desirable to make
services a reality in the most integrated setting for all populations;

(i) an examination of waiting lists for community-based services and
what might be done to ensure that waiting lists are created and
accurately maintained and that people are able to come off waiting lists
and receive needed community-based services at a reasonable pace;

(j) an examination of what information, education, outreach and
referral systems might be useful to ensure that individuals of all ages
with disabilities receive the information necessary to make informed
choices regarding how their needs can best be met, including the
evaluation of the creation of a toll free hotline with information on
community-based services for individuals of all ages with disabilities;

(k) an evaluation of how quality assurance and quality improvement can
be conducted effectively as more people of all ages with disabilities
live in community settings; and

(l) an examination of how the overall system of health and long term
care can best be managed so that placement in the most integrated
setting becomes the norm.

2. The council shall contract with an independent organization with
expertise in the provision of community-based services for individuals
of all ages with disabilities and with expertise in the area of program
evaluation research to conduct an evaluation of the council's plan
created pursuant to subdivision one of this section and the
implementation of such plan. Such evaluation shall be completed three
years after the effective date of this article.

3. Each commissioner and director serving on the council shall ensure
that his or her agency implements every aspect of the plan developed
pursuant to subdivision one of this section which falls under the
responsibilities of his or her agency. The council shall oversee the
implementation of the plan created pursuant to subdivision one of this
section and shall update such plan as necessary to ensure that waiting
lists for community-based services for people of all ages with
disabilities are moving at a reasonable pace and to ensure that the
state of New York is developing a system of long term care that allows
individuals of all ages with disabilities to reside and function in the
most integrated setting.

4. The council shall provide a report to the governor, the temporary
president of the senate and the speaker of the assembly one year after
the effective date of this article and annually thereafter. Such report
shall detail the plan developed pursuant to subdivision one of this
section, any changes made to such plan, all steps taken to implement
such plan and their outcome, and any future actions planned.

5. The plan to be developed under this article shall not be construed
to increase, decrease, or change the statutory authority of any person
or entity and shall be implemented consistent with all otherwise
applicable law.