Bill Text: NY S03137 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the commissioner of the office for people with developmental disabilities to work with an independent firm to allow such firm to conduct a study on the OPWDD eligibility criteria and determinations following diagnostic evaluations by a licensed professional and distribution of services.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2024-01-03 - REFERRED TO DISABILITIES [S03137 Detail]

Download: New_York-2023-S03137-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3137

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 27, 2023
                                       ___________

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

        AN ACT in relation to requiring  the  commissioner  of  the  office  for
          people  with  developmental  disabilities  to work with an independent
          firm to allow such firm to conduct a study on the number of  New  York
          state  residents  in  need  of  disability services and the office for
          people  with  developmental  disabilities'  eligibility  criteria  and
          determinations  following diagnostic evaluations by a licensed profes-
          sional and distribution of services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. 1. The commissioner of the office for people with develop-
     2  mental disabilities shall work with an independent firm  to  allow  such
     3  firm  to  conduct  a comprehensive study analyzing the office for people
     4  with developmental disabilities, the number of New York state  residents
     5  in  need of disability services and the effectiveness of using the adap-
     6  tive behavior assessment system to determine  eligibility  for  services
     7  and  submit a report to the speaker of the assembly, the minority leader
     8  of the assembly, the temporary president of  the  senate,  the  minority
     9  leader  of  the  senate and the governor's office of employee relations,
    10  and make publicly available on the office's website no  later  than  one
    11  year after the effective date of this section.
    12    2. (a) Such report shall include, but not be limited to:
    13    (i)  the number of persons with a developmental disability in New York
    14  state who qualified for services through  the  office  for  people  with
    15  developmental disabilities within the last five years;
    16    (ii)  the  number  of persons with a developmental disability who have
    17  applied for services and were deemed ineligible through the  office  for
    18  people with developmental disabilities within the last five years;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05267-01-3
        S. 3137                             2

     1    (iii)  the  number of persons with a developmental disability for whom
     2  the adaptive behavior assessment system determined their eligibility for
     3  services within the last five years;
     4    (iv)  the  number  of persons with a developmental disability for whom
     5  the adaptive behavior assessment system determined  their  ineligibility
     6  for  services from the office for people with developmental disabilities
     7  due to scoring above the threshold of eligibility within the  last  five
     8  years  and  who completed the office for people with developmental disa-
     9  bilities' appeal process after being deemed ineligible;
    10    (v) the number of persons with a developmental disability who appealed
    11  their ineligibility determination and ultimately received services  from
    12  the office for people with developmental disabilities;
    13    (vi)  an  analysis of eligibility requirements, services determination
    14  process, and any other processes deemed necessary for review within  the
    15  scope of such report; and
    16    (vii)  recommendations  based  on  the  findings from the report as to
    17  whether the state can take additional action to ensure those in need  of
    18  services  provided by the office for people with developmental disabili-
    19  ties are deemed eligible.
    20    (b) The independent firm shall separate their findings in such  report
    21  regionally to assist in targeting the areas that are most underserved.
    22    3.  For the purposes of this section, the independent firm may conduct
    23  such study in conjunction with any other  department,  division,  board,
    24  bureau,  commission,  agency,  or  public  authority of the state deemed
    25  necessary.   To the maximum extent feasible,  the  commissioner  of  the
    26  office for people with developmental disabilities shall be authorized to
    27  request,  receive,  and  utilize  such  resources  and data of any other
    28  department, division,  board,  bureau,  commission,  agency,  or  public
    29  authority  of  the state as he or she may reasonably request to properly
    30  carry out his or her powers and duties pursuant to this section.
    31    4. The commissioner of the office for people with developmental  disa-
    32  bilities  shall  promulgate rules and regulations as may be necessary to
    33  effectuate the provisions of this section.
    34    § 2. This act shall take effect immediately.