NY State Senate Bill 2015-S4180

Senate Bill S4180

2015-2016 Legislative Session

Relates to reports on priority I and priority II individuals and the services provided to such individuals

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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
Jan 06, 2016	referred to mental health and developmental disabilities
Jun 25, 2015	committed to rules
May 19, 2015	advanced to third reading
May 18, 2015	2nd report cal.
May 13, 2015	1st report cal.665
Mar 05, 2015	referred to mental health and developmental disabilities

Votes

- May 13, 2015 - Committee Vote
  S4180
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 13, 2015
      
      aye (11)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      Serrano
      
      Seward

co-Sponsors

2015-S4180 (ACTIVE) - Details

See Assembly Version of this Bill:: A6344
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §16.01, Ment Hyg L

2015-S4180 (ACTIVE) - Summary

Relates to reports on Priority I and Priority II individuals and the services provided to such individuals.

2015-S4180 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4180

TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
reports on priority I and priority II individuals and the services
provided to such individuals

PURPOSE:

This bill amends section 16.01 of the Mental Hygiene Law to require
the Commissioner of OPWDD to report on the number of people with
developmental disabilities in critical need of services, including out
of home residential care, whose level of need falls into Priority I
and Priority II categories. Priority I and II categories are the two
highest measures of need for those people with developmental
disabilities residing in critically inadequate living situations. The
bill defines Priority I and II consistent with New York's approved
Home and Community Based Services Waiver agreement.

SUMMARY OF PROVISIONS:

Section 1 states that the Commissioner shall biannually submit a
report on the total number of Priority I individuals who require out
of home residential placement, require day services by type of service
and are defined as "special population". Further shall detail the
number of individuals who reside in developmental centers, nursing
homes, hospitals and young adults who are aging out of residential

school placement. Subdivision 2 states that the Commissioner shall
biannually report to the legislature the total number of Priority II
individuals including the number of such individuals by type of
service and support required.

Section 2 is the effective date

JUSTIFICATION:

There is a rapidly growing waiting list of people living at home in
critical need of services, including out of home care. For example,
many parents, who for decades have acted as caregivers for their adult
children with developmental disabilities, are too disabled by age and
their own frailty to continue to care for their child and may be
further challenged by their financial limitations or possibly their
child's extreme behavioral needs.

This issue of unmet need presents an emerging crisis, but there is no
effective State plan for addressing the problem. In particular, there
is a critical lack of hard data essential for the Executive and
legislative branches of State government to formulate an effective and
efficient plan for ameliorating or resolving this issue.

In order to meet the need for critical data, the State must provide
routine updates regarding the numbers of individuals who fall into
Priority I and Priority II categories. These include those individuals
whose present living situation is neither suitable nor adequate to
their needs. Specifically, such individuals include those at risk of
homelessness, who may constitute an imminent danger to themselves or
others or who reside in a variety of inappropriate and/or
significantly inadequate living situations.


This bill is a critical and commonsense measure on behalf of some of
our State's neediest families and imposes a minimal reporting
obligation on the State agency responsible for the care and services
provided for this population.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPACT ON THE STATE:

Minimal.

EFFECTIVE DATE:

This act shall take immediately.

2015-S4180 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4180

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to reports on prior-
  ity I and priority II individuals and the services  provided  to  such
  individuals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 16.01 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (d) to read as follows:
  (D)  (1)  THE  COMMISSIONER  SHALL  SUBMIT  A REPORT BIANNUALLY TO THE
LEGISLATURE ON THE FIRST OF SEPTEMBER NEXT SUCCEEDING THE EFFECTIVE DATE
OF THIS SUBDIVISION ON THE TOTAL NUMBER OF PRIORITY  I  INDIVIDUALS  AND
THE  NUMBER  OF  SUCH  INDIVIDUALS  WHO  REQUIRE OUT OF HOME RESIDENTIAL
PLACEMENT, REQUIRE DAY SERVICES BY TYPE OF SUCH SERVICE AND ARE  DEFINED
AS  "SPECIAL  POPULATIONS."  THE REPORT SHALL SPECIFY THE NUMBER OF SUCH
INDIVIDUALS WHO RESIDE IN DEVELOPMENTAL CENTERS, NURSING  HOMES,  HOSPI-
TALS  AND  YOUNG  ADULTS  WHO ARE AGING OUT OF RESIDENTIAL SCHOOL PLACE-
MENTS. FOR THE PURPOSES OF  THIS  SUBDIVISION,  "PRIORITY  I"  SHALL  BE
DEFINED  AS  ANY INDIVIDUAL IN AN EMERGENCY SITUATION, INCLUDING BUT NOT
LIMITED TO (I) ABUSIVE OR NEGLECTFUL  SITUATIONS  CONSTITUTING  IMMINENT
RISK  OF HARM, (II) IMMINENT DANGER TO SELF OR OTHERS OR (III) HOMELESS-
NESS OR IN IMMINENT DANGER OF BECOMING  HOMELESS,  WHO  IS  IN  NEED  OF
SERVICES OR SUPPORTS.
  (2)  THE COMMISSIONER SHALL SUBMIT A REPORT BIANNUALLY TO THE LEGISLA-
TURE ON THE FIRST OF SEPTEMBER NEXT SUCCEEDING  THE  EFFECTIVE  DATE  OF
THIS  SUBDIVISION ON THE TOTAL NUMBER OF PRIORITY II INDIVIDUALS INCLUD-
ING THE NUMBER OF SUCH INDIVIDUALS BY THE TYPE OF SERVICES  AND  SUPPORT
REQUIRED.   FOR THE PURPOSES OF THIS SUBDIVISION, "PRIORITY II" SHALL BE
DEFINED AS ANY INDIVIDUAL (I) WHOSE CAREGIVER IS  AGING  OR  IN  FAILING
HEALTH  FOR  WHICH NO ALTERNATE CAREGIVER IS AVAILABLE, (II) IN A LIVING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09749-01-5

S. 4180                             2

SITUATION THAT PRESENTS A SIGNIFICANT RISK OF NEGLECT  OR  ABUSE,  (III)
WHOSE  MEDICAL OR PHYSICAL CONDITION REQUIRES CARE THAT IS NOT AVAILABLE
IN THEIR PRESENT SITUATION, (IV) WHO PRESENTS AN INCREASING RISK TO SELF
OR OTHERS OR (V) IS AFFECTED BY A COURT OR LEGISLATIVE MANDATE REQUIRING
RESIDENTIAL PLACEMENT, WHO IS IN NEED OF SERVICES OR SUPPORTS.
  (3)  THE COMMISSIONER SHALL SUBMIT A REPORT BIANNUALLY TO THE LEGISLA-
TURE ON THE FIRST OF SEPTEMBER NEXT SUCCEEDING  THE  EFFECTIVE  DATE  OF
THIS SUBDIVISION ON THE NUMBER OF PRIORITY I AND PRIORITY II INDIVIDUALS
WHO  RECEIVED  SERVICES OVER THE PRECEDING SIX MONTH PERIOD AND THE TYPE
OF SERVICES SUCH INDIVIDUALS RECEIVED.
  S 2. This act shall take effect immediately.

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Senate Bill S4180

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Sponsored By

Robert G. Ortt