Establishes temporary task force on developmental disabilities

Title of bill

An act to establish a temporary task force on developmental disabilities and establishing the powers and duties thereof; and providing for the repeal of such provisions upon expiration thereof

Purpose

To establish a temporary task force to, among other things, develop OMRDD eligibility guidelines that are sensitive to the disabling effects of cerebral palsy, epilepsy, neurological impairment, familial dysautonomia and autism.

Summary of provisions

Section 1 Legislative Intent

Section 2 would establish a 15-member temporary task force on developmental disabilities to develop eligibility guidelines for OMRDD services that are sensitive to the disabling effects of cerebral palsy, epilepsy, neurological impairment, familial dysautonomia and autism. Such task force would be required to develop a definition of "substantial handicap" due to these conditions, determine measurement instruments or mechanisms that could be used to establish substantial handicap due to these conditions, consider the potential progressive nature of some of these conditions in order to address the current "age of onset" requirement.

Section 3 would stipulate the composition of such task force and would require that all appointed members have demonstrated an active interest in the treatment of persons with mental retardation and developmental disabilities generally with at least 6 of the members being actively engaged in the treatment of people with cerebral palsy, epilepsy, neurological impairment, familial dysautonomia and autism.

Section 4 would provide that task force members would not receive compensation for their services.

Section 5 would authorize the task force to request, receive and utilize facilities, resources and data from certain entities as necessary to carry out its function.

Section 6 would require the task force to report its findings to the Governor, Commissioner of OMRDD, and the Legislature no later than March 1, 2010. Additionally, the task force's recommendations shall be taken into consideration when establishing eligibility standards for services provided by the OMRDD to people substantially handicapped by cerebral palsy, epilepsy, neurological impairment, familial dysautonomia and autism within six months from the date of the filing of such report.

Section 7 would provide for an immediate effective date, provided that the provisions would expire September 1, 2010.

Justification

Section 1.03(22) of the Mental Hygiene Law provides a categorical definition of developmental disabilities, which includes mental retardation, cerebral palsy, epilepsy, neurological impairments, familial dysautonomia and autism. In August 2001, OMRDD promulgated an Advisory Guideline to address issues in determining eligibility for OMRDD services. The Guideline indicates that eligibility for services is to based on adaptive behavior measures, which are measures that are used primarily to determine level of disability for people with subnormal intelligence.

Without regard to how people are disabled by these conditions or the potential natural progress of the disorder over the course of life, the Advisory Guideline has created a barrier to OMRDD services for people severely disabled by cerebral palsy, epilepsy, neurological impairments, familial dysautonomia and autism that is inconsistent with the NYS Mental Hygiene Law. This legislation would create a temporary Task Force on Developmental Disabilities to establish an eligibility guideline that would be sensitive to the disabling effects of these conditions, not just subnormal functional capacity. This measure would provide a reasonable approach to ensuring that those consumers severely disabled by cerebral palsy, epilepsy, neurological impairments, familial dysautonomia or autism receive the OMRDD services to which they are entitled under state law.

Legislative history

2008: S.6816/Passed Senate (Similar to) 2007: S.5398-A/Veto 155 (Similar to)

Fiscal implications

To be determined.

Effective date

Immediately and shall expire and be deemed repealed September 1, 2010.