Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly.

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S482-2013 Actions

• Jan 9, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S482-2013 Memo

BILL NUMBER:S482

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.

S482-2013 Text

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

                                     482

                         2013-2014 Regular Sessions

                              I N  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; AND

   EXPLANATION--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.