NY State Senate Bill 2021-S5809

Senate Bill S5809

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to disabilities
Mar 18, 2021	referred to disabilities

2021-S5809 (ACTIVE) - Details

Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.28, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5210
2011-2012: S3167
2013-2014: S482
2015-2016: S661
2017-2018: S8378
2019-2020: S2444
2023-2024: S2897

2021-S5809 (ACTIVE) - Summary

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

2021-S5809 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5809

SPONSOR: COMRIE
 
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:

This bill requires OPWDD to submit a report by January 1st, 2019 to the
legislature, and update it every six 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 six months 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, 2021, and update
it every six 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 six 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 place-
ment.

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 six months for meeting
the needs of persons on the waiting list.

 
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 indi-
viduals with disabilities themselves are aging.  In fact, in February
OPWDD's "Task Force on Aging" noted that a total of 27,211 persons with
developmental disabilities over age 30 continue to live at home. Of
these 27,211 people statewide, persons living at home ages 60 to 65
numbered 1,871; ages 70-75 numbered 581; and, age 80 numbered 320.
Currently, 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. Further-
more, 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 inter-
est in development policy information critical to enable them to do
their jobs.

 
LEGISLATIVE HISTORY:

2018: S 8378 COMRIE Same as A 4364 Ortiz

 
FISCAL IMPLICATIONS:  None.

 
EFFECTIVE DATE:
Immediately.

2021-S5809 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5809
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on 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:
 §  13.28  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; RESIDENTIAL
           WAITLIST AND PLACEMENT REPORT.
   THE OFFICE SHALL SUBMIT BY JANUARY FIRST, TWO  THOUSAND  TWENTY-THREE,
 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
   3. THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE  HOME  AND  COMMUNITY
 BASED SERVICES WAIVER-FUNDED HABILITATION SERVICES AT-HOME;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09676-01-1

 S. 5809                             2
 
   (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.
   § 2. This act shall take effect immediately.

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