Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to requiring the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly
PURPOSE: To require OPWDD to submit a report by January 1, 2012 to the legislature, and update it every 6 months thereafter, providing detailed information on the waiting list for out-of-home residential care and a summary of placement activity relating to persons on the waiting list for each 6 month period prior to the submission of the report.
SUMMARY OF PROVISIONS: Section 1 of the bill creates a new section 13.28 of the mental hygiene law to require that OPWDD submit a report by January 1, 2012, and update it every 6 months thereafter, providing detailed information on the waiting list for out-of-home residential care and a summary of placement activity relating to persons on the waiting list for each 6 month period prior to the submission of the report. The bill requires that the report specify placement settings used and note the number and reasons for those placements that did either failed or for which the individuals, his/her parent or guardian requested an alternative placement. The bill requires that the report specify the type of placements expected to be required to meet the needs of individuals on the waiting list. It also requires OPWDD to list funding sources used for placement activity including pertinent cost information. Finally, the bill requires OPWDD to submit an updated plan every 6 months for meeting the needs of persons on the waiting list.
Section 2 of the bill provides for an immediate effective date.
EXISTING LAW: OPWDD provides residential opportunities to individuals under its care Through state facilities as well as by contracting with licensed not-for-profits to provide such Care. Funds have been appropriated each year through the budget for the establishment of new opportunities to meet the needs of individuals who are in need of residential care.
JUSTIFICATION: The waiting list for persons with intellectual and other developmental disabilities who require out-of-home residential care continues to be of great concern. Many persons remaining at home are being cared for by parents or other caregivers who themselves are acquiring age-related disabilities. This can be extremely problematic, especially when individuals with disabilities themselves are aging.
In fact, in February OPWDD's "Task Force on Aging" noted that statewide persons living at home ages 60 to 69 numbered 1,871; ages 70-79 numbered 681; and, age 80+ numbered 320. A total of 27,211
persons with developmental disabilities over age 30 continue to live at home. It is not clear how many of these individuals require out of home placement. More importantly, critical information on the exact size and needs of the statewide waiting list is not readily available making it impossible for policy makers to plan and budget accordingly. Furthermore, placement activity appears highly sporadic and hard to track. Placement plans seem as if they are continually changing. Increasingly, parents who had previously been led to believe that they would have a placement for their child find that this is no longer true.
This has left thousands of parents and families in a state of enormous uncertainty and anxiety regarding the status of their child or loved one's current or future placement. This bill will give them critical information. It will also give the Legislature and others with an interest in development policy information critical to enable them to do their jobs.
LEGISLATIVE HISTORY: 2011-12: S.3167/A.6553 - Referred to Mental Health
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 482 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. KENNEDY -- 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 requiring the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The mental hygiene law is amended by adding a new section 13.28 to read as follows: S 13.28 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; RESIDENTIAL WAITLIST AND PLACEMENT REPORT. THE OFFICE SHALL SUBMIT BY JANUARY FIRST, TWO THOUSAND FIFTEEN, AND EVERY SIX MONTHS THEREAFTER, AN UPDATED WAITLIST AND PLACEMENT REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, INCLUDING THE FOLLOWING INFORMATION: (A) WAITLIST INFORMATION. SUCH WAITLIST INFORMATION SHALL INCLUDE THE STATEWIDE NUMBER OF INDIVIDUALS AWAITING PLACEMENT BROKEN DOWN INTO THE TOTAL NUMBER OF INDIVIDUALS FROM WITHIN EACH DEVELOPMENTAL DISABILITY SERVICES OFFICE'S GEOGRAPHIC AREA WHO AWAIT RESIDENTIAL PLACEMENT AND ARE EXPECTED TO REQUIRE SUCH PLACEMENT WITHIN THE NEXT YEAR. SUCH INFOR- MATION SHALL BE GROUPED BY THE AGE OF THE INDIVIDUAL AWAITING PLACEMENT AND THE AGE OF THEIR CAREGIVER, IF ANY. SUCH INFORMATION SHALL ALSO INCLUDE: 1. THE TYPE OF PLACEMENT SUCH INDIVIDUALS ARE EXPECTED TO REQUIRE DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACEMENT AND THE NUMBER OF SUCH PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE MEDICAL CARE; 2. NON-CERTIFIED RESIDENTIAL PLACEMENT OUTSIDE OF THE PARENT'S OR PARENTS' OR OTHER CAREGIVER'S HOME; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02057-01-3 S. 482 2
3. THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME; (B) PLACEMENT INFORMATION. SUCH PLACEMENT INFORMATION SHALL INCLUDE: 1. THE TOTAL NUMBER OF INDIVIDUALS PLACED WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION (A) OF THIS SECTION DURING THE SIX MONTHS PRECEDING THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO SUBDIVISION (C) OF THIS SECTION; AND 2. THE TOTAL NUMBER OF INDIVIDUALS, WHO ARE NOT INCLUDED ON THE WAIT- LIST, PLACED WITHIN EACH OF THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION (A) OF THIS SECTION DURING THE SIX MONTHS PRECEDING THE DATE OF RELEASE OF THE REPORT REQUIRED PURSUANT TO SUBDI- VISION (C) OF THIS SECTION, AND THE REASONS FOR SUCH PLACEMENTS; (C) THE COMMISSIONER SHALL REPORT THE NUMBER OF INDIVIDUALS WHO ARE CURRENTLY PLACED IN A RESIDENTIAL PROGRAM, WHOSE CURRENT LIVING SITU- ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER- NATIVE PLACEMENT. THESE INDIVIDUALS SHALL BE DIVIDED ACCORDING TO: 1. THE NUMBER AND AGE OF SUCH INDIVIDUALS; 2. THE SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION (A) OF THIS SECTION; AND 3. THE NUMBER OF CHILDREN IN RESIDENTIAL PLACEMENTS EXPECTED TO AGE OUT OF SUCH PLACEMENTS WITHIN A YEAR AND PLANS FOR CONTINUING THEIR PLACEMENTS AS ADULTS; (D) THE NUMBER OF INDIVIDUALS WHOSE PLACEMENT FAILED OR WHO HAVE ASKED FOR AN ALTERNATIVE PLACEMENT, EITHER THEMSELVES OR THROUGH THEIR PARENT OR GUARDIAN ACTING ON THEIR BEHALF, OVER THE SIX MONTH PERIOD PRECEDING THE DATE OF RELEASE OF A REPORT, WITH CATEGORICAL DESCRIPTIONS OF THE REASONS FOR SUCH RESULTS AND ANY ACTIONS TAKEN OR PLANNED TO REMEDY SUCH SITUATION; (E) THE COST OF PLACEMENTS MADE DURING THE PERIOD OF SUCH REPORT DIVIDED INTO COSTS ATTRIBUTABLE TO SUPERVISED, SUPPORTIVE, AT-HOME RESI- DENTIAL PLACEMENTS OR OTHER PLACEMENTS; (F) THE APPROPRIATION AUTHORITY USED TO FUND PLACEMENTS MADE DURING THE PERIOD OF THE REPORT, INCLUDING THE YEAR OF THE ORIGINAL APPROPRI- ATION AND BALANCE OF REMAINING FUNDS IN SUCH APPROPRIATION BY CATEGORY SUCH AS OPTS, NYS-CARES OR OTHER CATEGORIES; (G) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS REMAINING ON THE WAITING LIST; (H) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE OUT-OF-HOME RESIDENTIAL PLACEMENT AND A FIVE YEAR PROJECTION OF INDIVID- UALS WHO REQUIRE ADDITIONAL IN-HOME SUPPORTS; (I) A PLAN FOR MEETING THE OUT-OF-HOME RESIDENTIAL PLACEMENT NEEDS SHALL ALSO BE DEVELOPED AND SHALL SPECIFY THE TYPE OF PLACEMENTS ACCORD- ING TO SUCH SETTINGS LISTED IN PARAGRAPHS ONE, TWO AND THREE OF SUBDIVI- SION (A) OF THIS SECTION; AND (J) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER. S 2. This act shall take effect immediately.