NY State Senate Bill 2015-S3638A

Senate Bill S3638A

Signed By Governor

2015-2016 Legislative Session

Relates to oversight of developmental disability care organizations and coordinate services

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Nov 20, 2015	signed chap.474
Nov 10, 2015	delivered to governor
Jun 15, 2015	returned to senate passed assembly ordered to third reading cal.337 substituted for a7200
Jun 03, 2015	referred to mental health delivered to assembly passed senate
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.821
Apr 23, 2015	print number 3638a
Apr 23, 2015	amend and recommit to health
Feb 13, 2015	referred to health

Votes

- Jun 3, 2015 - Floor Vote
  S3638A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Hassell-Thompson
      
      Libous
  May 19, 2015 - Health Committee Vote
  S3638A
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 19, 2015
      
      aye (17)
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Panepinto
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2015-S3638 - Details

See Assembly Version of this Bill:: A7200
Law Section:: Public Health Law
Laws Affected:: Amd §§4403 & 4403-f, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S7400

2015-S3638 - Summary

Relates to oversight of developmental disability care organizations and coordinate services.

2015-S3638 - Sponsor Memo

                                BILL NUMBER:S3638

TITLE OF BILL:

An act to amend the public health law, in relation to services for
individuals with developmental disabilities

PURPOSE:

To ensure that New York State's public policy of providing supports
and services for individuals with developmental disabilities, such as
residential, day and employment services, will continue to be by
either public or nonprofit entities with experience providing those
services under the Office for People With Developmental Disabilities
(OPWDD)

JUSTIFICATION:

New York State has a long history of providing supports and services
(such as residential, day and employment services) to individuals with
developmental disabilities through partnerships between state and
voluntary providers of service. With the transition to managed care,
it is important that New York State continues to ensure that the
State's public policy of providing residential, day, employment and
other supports and services for individuals with developmental
disabilities continue to be by either public or nonprofit entities

with experience providing those services under OPWDD. This proposal
will ensure "state-wideness" as required by CMS and will ensure that
no matter what type of managed care entity an individual with
developmental disabilities is enrolled in, the provider of their OPWDD
services will continue to be either public or nonprofit.

As originally envisioned, individuals with developmental disabilities
would only transition into managed care and be served by a managed
care entity called a DISCO (Developmental Disability Individual
Support and Care Coordination organization) which requires that
providers of long term care supports and services for individuals with
developmental disabilities continue to be nonprofit. However, the
original construct has since changed. As currently envisioned,
individuals with developtental disabilities will receive services
through a mainstream Managed Care Organizations (MCO), a Managed Long
Term Care plan (MLTC) or a DISCO, with no requirement that the
provider of the OPWDD services (residential, day, employment etc.) be
provided by a nonprofit entity with experience, regardless of the type
of managed care entity.

LEGISLATIVE HISTORY:

New Bill. S7400B 11/21/14. Vetoed

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

The act shall take effect immediately

2015-S3638 - Bill Text download pdf

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

                                  3638

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

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

AN ACT to amend the public health law, in relation to services for indi-
  viduals with developmental disabilities

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

  Section  1.  Paragraphs (a) and (a-1) of subdivision 8 of section 4403
of the public health law, as added by section 74 of part A of chapter 56
of the laws of 2013, are amended to read as follows:
  (a) Such organization must have the ability to provide  or  coordinate
services for persons with developmental disabilities, as demonstrated by
criteria  to  be  determined by the commissioner and the commissioner of
the office for people with  developmental  disabilities.  Such  criteria
shall  include,  but not be limited to, adequate experience providing or
coordinating services for  persons  with  developmental  disabilities[.]
UNDER  THE  REGULATORY  OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES;
  (a-1) If the commissioner and  the  commissioner  of  the  office  for
people  with developmental disabilities determine that such organization
lacks the experience required in paragraph (a) of this subdivision,  the
organization  shall  have  an  affiliation arrangement with an entity or
entities THAT ARE NON-PROFIT with experience serving persons with devel-
opmental disabilities UNDER THE REGULATORY OVERSIGHT OF THE  OFFICE  FOR
PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO,
RESIDENTIAL, DAY, AND EMPLOYMENT SERVICES such that the affiliated enti-
ty will  coordinate  and  plan  services  operated,  certified,  funded,
authorized or approved by the office for people with developmental disa-
bilities or will oversee and approve such coordination and planning;
  S  2.  Paragraphs (a) and (a-1) of subdivision 12 of section 4403-f of
the public health law, as added by section 76 of part A of chapter 56 of
the laws of 2013, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04994-01-5

S. 3638                             2

  (a) Such plan must have the ability to provide or coordinate  services
for  persons with developmental disabilities as demonstrated by criteria
to be determined by the commissioner and the commissioner of the  office
for people with developmental disabilities. Such criteria shall include,
but  not  be  limited  to, adequate experience providing or coordinating
services for persons with developmental disabilities UNDER THE REGULATO-
RY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
  (a-1) If the commissioner and  the  commissioner  of  the  office  for
people  with  developmental  disabilities determine that such plan lacks
the experience required in paragraph (a) of this subdivision,  the  plan
shall  have  an  affiliation arrangement with an entity or entities THAT
ARE NON-PROFIT with experience serving persons with developmental  disa-
bilities  UNDER  THE  REGULATORY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO,  RESIDENTIAL,
DAY  AND EMPLOYMENT SERVICES, such that the affiliated entity will coor-
dinate and plan services  operated,  certified,  funded,  authorized  or
approved  by  the  office  for people with developmental disabilities or
will oversee and approve such coordination and planning;
  S 3. This act shall take effect immediately, provided,  however,  that
the amendments to subdivision 8 of section 4403 of the public health law
made  by  section  one  of  this act shall not affect the repeal of such
subdivision and shall be deemed repealed  therewith;  provided,  further
that  the  amendments  to subdivision 12 of section 4403-f of the public
health law made by section two of this act shall not affect  the  repeal
of such subdivision and such section and shall be deemed repealed there-
with.

co-Sponsors

2015-S3638A (ACTIVE) - Details

See Assembly Version of this Bill:: A7200
Law Section:: Public Health Law
Laws Affected:: Amd §§4403 & 4403-f, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S7400

2015-S3638A (ACTIVE) - Summary

Relates to oversight of developmental disability care organizations and coordinate services.

2015-S3638A (ACTIVE) - Sponsor Memo

2015-S3638A (ACTIVE) - Bill Text download pdf

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

                                 3638--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to services for indi-
  viduals with developmental disabilities

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

  Section 1. Paragraphs (a) and (a-1) of subdivision 8 of  section  4403
of the public health law, as added by section 74 of part A of chapter 56
of the laws of 2013, are amended to read as follows:
  (a)  Such  organization must have the ability to provide or coordinate
services for persons with developmental disabilities, as demonstrated by
criteria to be determined by the commissioner and  the  commissioner  of
the  office  for  people  with developmental disabilities. Such criteria
shall include, but not be limited to, adequate experience  providing  or
coordinating services for persons with developmental disabilities[.];
  (a-1)  If  the  commissioner  and  the  commissioner of the office for
people with developmental disabilities determine that such  organization
lacks  the experience required in paragraph (a) of this subdivision, the
organization shall have an affiliation arrangement  with  an  entity  or
entities THAT ARE NON-PROFIT with experience serving persons with devel-
opmental  disabilities, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, DAY,
AND EMPLOYMENT SERVICES such that the affiliated entity will  coordinate
and plan services operated, certified, funded, authorized or approved by
the  office  for  people with developmental disabilities or will oversee
and approve such coordination and planning;
  S 2. Paragraph (a-1) of subdivision 12 of section 4403-f of the public
health law, as added by section 76 of part A of chapter 56 of  the  laws
of 2013, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04994-02-5

S. 3638--A                          2

  (a-1)  If  the  commissioner  and  the  commissioner of the office for
people with developmental disabilities determine that  such  plan  lacks
the  experience  required in paragraph (a) of this subdivision, the plan
shall have an affiliation arrangement with an entity  or  entities  THAT
ARE  NON-PROFIT with experience serving persons with developmental disa-
bilities, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, DAY AND EMPLOYMENT
SERVICES, such that the  affiliated  entity  will  coordinate  and  plan
services  operated,  certified,  funded,  authorized  or approved by the
office for people with developmental disabilities or  will  oversee  and
approve such coordination and planning;
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to subdivision 8 of section 4403 of the public health law
made by section one of this act shall not  affect  the  repeal  of  such
subdivision  and  shall  be deemed repealed therewith; provided, further
that the amendments to subdivision 12 of section 4403-f  of  the  public
health  law  made by section two of this act shall not affect the repeal
of such subdivision and such section and shall be deemed repealed there-
with.

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