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.