S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3643
                              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 Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law,  in  relation  to  enacting  the
         "people first act of 2015"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "people first act of 2015".
    3    S  2.  Legislative  findings.  It  is the intent of the legislature to
    4  ensure that individuals  with  developmental  disabilities  who  utilize
    5  long-term  care  services under the medical assistance program and other
    6  long-term care related benefit programs administered by the  state  have
    7  meaningful  and reliable access to a reasonable array of community-based
    8  and institutional program options and to ensure the well-being of  indi-
    9  viduals  with  developmental  disabilities,  taking  into  account their
   10  informed and expressed choices. Furthermore,  the  legislature  declares
   11  that  it is the policy of the state to ensure that the clinical, habili-
   12  tative, and social needs of individuals with developmental  disabilities
   13  who  choose  to  reside  in integrated community-based settings can have
   14  those needs met in integrated  community-based  settings.  In  order  to
   15  meaningfully comply with this policy, the state must have an understand-
   16  ing  of  the  existing  capacity in integrated community-based settings,
   17  including direct support professionals and licensed professionals,  such
   18  as physicians, dentists, nurse practitioners, nurses, and psychiatrists,
   19  as well as residential capacity to provide for these needs.
   20    It  is  further the intent of the legislature to support the satisfac-
   21  tion and success of consumers through the delivery of  quality  services
   22  and supports. Evaluation of the services that consumers receive is a key
   23  aspect  to  the service system. Utilizing the information that consumers
   24  and their families provide about such services in a reliable  and  mean-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06231-01-5
       S. 3643                             2
    1  ingful  way is also critical to enable the commissioner of developmental
    2  disabilities to assess the  performance  of  the  state's  developmental
    3  services  system and to improve services for consumers in the future. To
    4  that end, the commissioner of developmental disabilities shall conduct a
    5  geographic  analysis  of supports and services in community settings and
    6  implement an improved, unified quality assessment system, in  accordance
    7  with this act.
    8    S  3.  Section  13.15 of the mental hygiene law is amended by adding a
    9  new subdivision (c) to read as follows:
   10    (C) (1) FOR PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
   11  HAVE THE FOLLOWING MEANINGS:
   12    (I)  "DIRECT  SUPPORT  PROFESSIONALS"  MEANS  DIRECT  SUPPORT WORKERS,
   13  DIRECT CARE WORKERS, PERSONAL ASSISTANTS, PERSONAL ATTENDANTS, AND PARA-
   14  PROFESSIONALS THAT PROVIDE ASSISTANCE TO INDIVIDUALS WITH  DEVELOPMENTAL
   15  DISABILITIES  IN THE FORM OF DAILY LIVING, AND PROVIDE THE HABILITATION,
   16  REHABILITATION, AND TRAINING NEEDS OF THESE INDIVIDUALS.
   17    (II) "LICENSED PROFESSIONALS" MEANS, BUT IS  NOT  LIMITED  TO,  PHYSI-
   18  CIANS, DENTISTS, DENTAL HYGIENISTS, DENTAL ASSISTANTS, NURSE PRACTITION-
   19  ERS,   LICENSED  PRACTICAL  NURSES,  REGISTERED  NURSES,  PSYCHIATRISTS,
   20  PSYCHOLOGISTS, LICENSED MASTER  SOCIAL  WORKERS,  OR  LICENSED  CLINICAL
   21  SOCIAL  WORKERS,  LICENSED TO PRACTICE PURSUANT TO THE EDUCATION LAW AND
   22  OTHER QUALIFIED MENTAL HEALTH PROFESSIONALS.
   23    (III) "SUPPORTS AND  SERVICES"  MEANS  DIRECT  SUPPORT  PROFESSIONALS,
   24  LICENSED  PROFESSIONALS,  AND  RESIDENTIAL  SERVICES, INCLUDING, BUT NOT
   25  LIMITED TO, PRIVATE  RESIDENCES,  COMMUNITY-INTEGRATED  LIVING  ARRANGE-
   26  MENTS,  SUPPORTED RESIDENTIAL PROGRAMS, SUPERVISED RESIDENTIAL PROGRAMS,
   27  OR SUPPORTIVE HOUSING PROGRAMS.
   28    (2) SUBJECT TO AVAILABLE  APPROPRIATIONS  THEREFOR,  THE  COMMISSIONER
   29  SHALL CONDUCT A GEOGRAPHIC ANALYSIS OF SUPPORTS AND SERVICES IN COMMUNI-
   30  TY SETTINGS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. THIS ANALY-
   31  SIS  SHALL  ALSO IDENTIFY GAPS BETWEEN REQUIRED SUPPORTS AND SERVICES BY
   32  REGION OF THE STATE.
   33    (3) IN ORDER TO PERFORM THE GEOGRAPHIC ANALYSIS OR TO GATHER DATA  FOR
   34  PURPOSES  OF  PERFORMING  THE  GEOGRAPHIC ANALYSIS, THE COMMISSIONER MAY
   35  WORK IN COOPERATION AND AGREEMENT WITH  OTHER  OFFICES,  DEPARTMENTS  OR
   36  AGENCIES  OF  THE STATE, LOCAL OR FEDERAL GOVERNMENT, OR OTHER ORGANIZA-
   37  TIONS AND INDIVIDUALS, WHICH  MAY  INCLUDE  PROVIDERS  OF  SERVICES  FOR
   38  PERSONS  WITH  DEVELOPMENTAL DISABILITIES, REPRESENTATIVES FROM EMPLOYEE
   39  ORGANIZATIONS REPRESENTING DIRECT CARE WORKERS, CONSUMER REPRESENTATIVES
   40  INCLUDING PERSONS WITH DEVELOPMENTAL DISABILITIES, OR THEIR  PARENTS  OR
   41  GUARDIANS.
   42    (4)  IN  CONDUCTING THIS ACTIVITY, THE COMMISSIONER, SUBJECT TO AVAIL-
   43  ABLE APPROPRIATIONS THEREFOR, SHALL  DEVELOP  AND  UTILIZE  A  WEB-BASED
   44  DATA-BASE  WHICH  PRIORITIZES  THE  URGENCY  OF  NEED  FOR  SUPPORTS AND
   45  SERVICES. THE INFORMATION COLLECTED SHOULD  ALLOW  THE  COMMISSIONER  TO
   46  CATEGORIZE  NEEDS  FOR DEVELOPMENTAL DISABILITY SERVICES WITHIN A FRAME-
   47  WORK THAT ENCOMPASSES THREE LEVELS OF URGENCY OF NEEDS. THESE  LEVEL  OF
   48  SUPPORT  NEEDS  SHOULD  INCLUDE:  EMERGENCY NEED, FOR THOSE PERSONS WITH
   49  DEVELOPMENTAL DISABILITIES IN  NEED  OF  IMMEDIATE  SUPPORT  EITHER  DAY
   50  SUPPORT  OR  IN-HOME  OR  OUT-OF-HOME PLACEMENT; CRITICAL NEED FOR THOSE
   51  INDIVIDUALS WHO WILL HAVE A NEED FOR SUPPORTS  OR  SERVICES  WITHIN  ONE
   52  YEAR;  AND  PLANNING FOR NEED, FOR THOSE INDIVIDUALS WHOSE SUPPORT NEEDS
   53  ARE ONE TO FIVE YEARS AWAY, OR WHERE  THE  CAREGIVER  IS  AGE  SIXTY  OR
   54  OLDER.
   55    (5)  SUCH  AN ANALYSIS SHOULD INCLUDE THE STATEWIDE NUMBER OF INDIVID-
   56  UALS SEEKING SERVICES, INCLUDING AWAITING PLACEMENT BROKEN DOWN INTO THE
       S. 3643                             3
    1  TOTAL NUMBER OF INDIVIDUALS FROM WITHIN EACH REGIONAL SERVICES  OFFICE'S
    2  GEOGRAPHIC  AREA  WHO  AWAIT RESIDENTIAL PLACEMENT, DAY SERVICE SUPPORT,
    3  HOME AND COMMUNITY-BASED WAIVER SUPPORT, EMPLOYMENT SUPPORT,  BEHAVIORAL
    4  HEALTH  SERVICES  AND  SUPPORTS,  OR OTHER COMMUNITY-BASED SUPPORT. SUCH
    5  INFORMATION SHOULD BE GROUPED BY THE  AGE  OF  THE  INDIVIDUAL  AWAITING
    6  COMMUNITY  SERVICES AND SUPPORTS AND THE AGE OF THEIR CAREGIVER, IF ANY.
    7  SUCH INFORMATION SHOULD ALSO INCLUDE WAITLIST AND PLACEMENT  INFORMATION
    8  SUCH AS:
    9    (I) THE TYPE OF SUPPORTS AND SERVICES SUCH INDIVIDUALS ARE EXPECTED TO
   10  REQUIRE  DIVIDED  INTO  CERTIFIED  OUT-OF-HOME,  SUPERVISED,  SUPPORTIVE
   11  PLACEMENT NEEDS AND OTHER NON-PLACEMENT NEEDS AND  THE  NUMBER  OF  SUCH
   12  PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE MEDICAL CARE;
   13    (II)  NON-CERTIFIED  RESIDENTIAL  PLACEMENTS  OUTSIDE  THE PARENT'S OR
   14  PARENTS' OR OTHER CAREGIVER'S HOME;
   15    (III) THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
   16  SERVICES WAIVER-FUNDED HABILITATION SERVICES AT HOME;
   17    (IV) THE TOTAL NUMBER OF INDIVIDUALS, WHO HAVE BEEN IDENTIFIED  AS  IN
   18  NEED  OF  SUPPORTS  AND  SERVICES  WHO  HAVE RECEIVED THESE SUPPORTS AND
   19  SERVICES AND ANY GAP BETWEEN REQUIRED  SUPPORTS  AND  SERVICES  AND  THE
   20  SUPPORTS AND SERVICES PROVIDED;
   21    (V)  THE  NUMBER OF EMERGENCY NEED RESIDENTIAL PLACEMENTS FOR THE PAST
   22  YEAR AND OTHER SUPPORTS AND SERVICES PROVIDED ON AN EMERGENCY BASIS;
   23    (VI) THE NUMBER OF INDIVIDUALS WHO ARE  CURRENTLY  RECEIVING  SUPPORTS
   24  AND SERVICES, INCLUDING RESIDENTIAL SERVICES, WHOSE CURRENT LIVING SITU-
   25  ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
   26  NATIVE PLACEMENT OR ALTERNATIVE SUPPORT AND SERVICE DELIVERY OPTIONS;
   27    (VII)  PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS IDENTIFIED AS IN
   28  NEED OF SERVICES PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVISION;
   29    (VIII) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
   30  EITHER ADDITIONAL IN-HOME SUPPORTS AND SERVICES AND/OR OUT-OF-HOME RESI-
   31  DENTIAL PLACEMENTS; AND
   32    (IX) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
   33    (6) THE COMMISSIONER SHALL PREPARE  ANNUALLY  FOR  THE  GOVERNOR,  THE
   34  LEGISLATURE  AND  THE  JUSTICE  CENTER FOR THE PROTECTION OF PEOPLE WITH
   35  SPECIAL NEEDS A WRITTEN EVALUATION REPORT  CONCERNING  THE  DELIVERY  OF
   36  SUPPORTS  AND  SERVICES  IN  THE COMMUNITY. ON OR BEFORE MARCH FIRST, IN
   37  EACH YEAR, THE COMMISSIONER SHALL SUBMIT A COPY OF SUCH REPORT, AND SUCH
   38  RECOMMENDATION AS HE OR SHE DEEMS  APPROPRIATE,  TO  THE  GOVERNOR,  THE
   39  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
   40  RESPECTIVE MINORITY LEADERS OF EACH SUCH HOUSE, AND  THE  CHAIR  OF  THE
   41  STATE COMMISSION ON QUALITY OF CARE FOR THE MENTALLY DISABLED. THE FIRST
   42  SUCH  REPORT  SHALL  BE  DUE  BY NO LATER THAN MARCH FIRST, TWO THOUSAND
   43  SEVENTEEN. THE REPORT SHALL ALSO BE MADE AVAILABLE  TO  THE  PUBLIC  AND
   44  SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE IN AN APPROPRIATE LOCATION AT
   45  THE SAME TIME AS ITS SUBMISSION TO STATE OFFICIALS.
   46    S  4.  Subdivision  (c) of section 16.01 of the mental hygiene law, as
   47  added by chapter 234 of the laws of 1998,  paragraph  1  as  amended  by
   48  chapter 37 of the laws of 2011, is amended to read as follows:
   49    (c)  (1) Notwithstanding any other provision of law, the commissioner,
   50  or his OR HER designee, may require from any hospital, as defined  under
   51  article  twenty-eight of the public health law, any information, report,
   52  or record necessary for the  purpose  of  carrying  out  the  functions,
   53  powers  and  duties  of the commissioner related to the investigation of
   54  deaths and complaints of  abuse,  mistreatment,  or  neglect  concerning
   55  persons  with  developmental  disabilities  who receive services, or had
   56  prior to death received services, in a facility as  defined  in  section
       S. 3643                             4
    1  1.03 of this chapter, or are receiving medicaid waiver services from the
    2  office  for  people  with  developmental disabilities in a non-certified
    3  setting, and have been treated at such hospitals.
    4    (2)  Any  information, report, or record requested by the commissioner
    5  or his OR HER designee pursuant to this subdivision shall be limited  to
    6  that  information  that  the  commissioner  determines necessary for the
    7  completion of this investigation.
    8    (3) The information, report or record received by the commissioner  or
    9  his  OR  HER  designee  pursuant to this subdivision shall be subject to
   10  section two thousand eight hundred five-m, section eighteen, as added by
   11  chapter four hundred ninety-seven of the laws of nineteen hundred eight-
   12  y-six, and article twenty-seven-F of  the  public  health  law,  section
   13  33.13 of this chapter, and any applicable federal statute or regulation.
   14    S 5. This act shall take effect immediately.