Relates to increasing housing opportunities for people with developmental disabilities.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Diaz, Espaillat
TITLE OF BILL: An act to amend the mental hygiene law, in relation to integrated housing
PURPOSE: This legislation has the commissioner of mental hygiene, in consultation with the developmental disabilities advisory council, the department of health, the division of housing and community renewal, and the most integrated settings coordinating council and other agencies as determined appropriate by the commissioner establish a plan to increase housing opportunities for people with developmental disabilities
SUMMARY OF PROVISIONS: Section 1 Amends the mental hygiene law by adding a new section 13.42
JUSTIFICATION: When the Federal government and New York State entered into the Transformational Agreement, the state agreed to close its remaining developmental centers, and OPWDD is required to provide integrated housing opportunities for most of the over 1,000 individuals transitioning into the community. New York State is also required to transition the residents of all remaining campus and non-campus based ICFs to community based settings. This agreement does not address the amount of individuals with developmental disabilities who live with family caregivers, 49,673 of which live with family caregivers over the age of 60 who will be unable to care for their special needs adult child in the near future. In the state there are over 12,000 individuals with intellectual and developmental disabilities (IDD) on OPWDD's statewide residential registry wait list for community services and supports. Of the 12,000 IDD across the state, 4,000 are in critical need. Governor Cuomo's Olmstead Plan for New York State will transform OPWDD's delivery of services by providing individuals more options, choosing the community supports and services they need to live fuller lives integrated into the community. However this transformation is expected to take another 3 to 8 years, causing the list of those who desperately need those services to grow. Without a plan for integrated housing and the funding to support it, the unmet need for community based services and supports will continue to grow and reach crisis proportions while threatening to overwhelm an already overburdened system.
FISCAL IMPLICATIONS: TBD
LEGISLATIVE HISTORY: New Bill.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7431--A IN SENATE May 14, 2014 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to integrated hous- ing 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 13.42 to read as follows: S 13.42 INTEGRATED HOUSING PLAN. (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI- TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER SHALL ESTABLISH A PLAN TO INCREASE HOUSING OPPORTUNITIES FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES. THE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) THE CREATION AND MAINTENANCE OF AN INVENTORY OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES; AND (2) IDENTIFICATION OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR OWN HOME, LEASED APARTMENT, OR FAMILY'S HOME, WHEN SUCH A PLACEMENT IS THEIR INFORMED CHOICE AND THE MOST INTEGRATED SETTING APPROPRIATE TO THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHALL ADDRESS: (I) FACILITATING OPPORTUNITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS TO LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND AWAY FROM THEIR PARENTAL HOME; (II) INCREASING THE STOCK OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES; (III) INCREASING AND EXPANDING ACCESS TO RENTAL SUBSIDIES FOR INDIVID- UALS WITH DEVELOPMENTAL DISABILITIES;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15154-02-4 S. 7431--A 2
(IV) BUILDING UNDERSTANDING AND AWARENESS OF INFORMED CHOICES FOR INDEPENDENT LIVING AMONG INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, FAMILIES PUBLIC AND PRIVATE ORGANIZATION, DEVELOPERS AND MEDICAID SERVICE COORDINATORS; (V) REVIEWING AND EVALUATING POTENTIAL FEDERAL AND STATE POLICY CHANG- ES THAT WILL FACILITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES AND SUPPORTS THAT PERMIT INDIVIDUALS TO CHOOSE MORE INDEPENDENT LIVING OPTIONS; AND (VI) ASSESSING AND ADVANCING COORDINATED PLAN IMPLEMENTATION. (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI- TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER SHALL DEVELOP THE PLAN WITH INPUT FROM STAKEHOLDERS, INCLUDING INDIVID- UALS WITH DEVELOPMENTAL DISABILITIES, PARENTS AND GUARDIANS OF INDIVID- UALS WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND PROVIDERS OF SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. (C) THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED AND SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF APPROPRIATE SENATE AND ASSEMBLY STANDING COMMITTEES, AND POSTED ON THE WEBSITE OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES WITHIN ONE HUNDRED EIGHTY DAYS OF THE CENTERS FOR MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE STATE'S 1915(B)/(C) HCBS WAIVER APPLICATION. S 2. This act shall take effect immediately.