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Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Promotes the most-integrated services available for individuals, especially those with disabilities
In Assembly Committee · Governmental Operations · Sponsor RoAnn Destito
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to enabling individuals with disabilities to have the right to choose and receive services in the most integrated setting appropriate for the needs of the individual and to ensure that state agencies promote such integration through a plan and annual report
Purpose
To ensure that people with disabilities receive community-based services and support in the least restrictive setting.
Summary of provisions
This bill amends the executive law to require that individuals with disabilities have the right to choose and receive services in the least restrictive setting appropriate for the individual's needs and to ensure that state agencies promote such integration through annual reports detailing these efforts.
Justification
Tens of thousands of New Yorkers with disabilities are unnecessarily institutionalized/segregated from the non-disabled community and tens of thousands more are at risk of institutionalization, because of a long-standing financial and policy bias in state funded and/or state-administered programs for institutions rather than community-based/integrated services. New York continues to spend millions of dollars more for unnecessary segregated services for individuals that perpetuates dependence and inhibits workforce development and growth. A 2006 Zogby poll shows that New York responders agree they would prefer to receive healthcare services in their home if it could be done effectively and safely, and 8 in 10 support a legal mandate to keep people in their homes to receive care, where they may be able to work in the community and care for themselves with some help from caregivers.
This bill remedies that bias by requiring state-funded and/or state-administered programs to provide services in the most integrated setting to an individual's needs. Furthermore, this bill requires the programs to identify all barriers to community-based services to ensure that an individual is only in an institutionalized, segregated setting if that individual was unable to benefit from a community-based setting. This bill is intended to eliminate the practice of institutionalizing individuals with disabilities without examining all community-based options and to overcome the barriers to admission in or creation of community-based programs. When individuals can assert a presumptive right to community-based services, the institutional bias that exists in programs and services for individuals with disabilities can be eliminated.
Legislative history
S.7337/A.7277 Passed both houses; vetoed by the Governor
Fiscal implications
To be determined.
Effective date
This bill shall take effect on the one hundred eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.