Requires the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly

BILL NUMBER:S482

Title of bill

An act to amend the mental hygiene law, in relation to requiring the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly

Purpose

To require OPWDD to submit a report by January 1, 2012 to the legislature, and update it every 6 months thereafter, providing detailed information on the waiting list for out-of-home residential care and a summary of placement activity relating to persons on the waiting list for each 6 month period prior to the submission of the report.

Summary of provisions

Section 1 of the bill creates a new section 13.28 of the mental hygiene law to require that OPWDD submit a report by January 1, 2012, and update it every 6 months thereafter, providing detailed information on the waiting list for out-of-home residential care and a summary of placement activity relating to persons on the waiting list for each 6 month period prior to the submission of the report. The bill requires that the report specify placement settings used and note the number and reasons for those placements that did either failed or for which the individuals, his/her parent or guardian requested an alternative placement. The bill requires that the report specify the type of placements expected to be required to meet the needs of individuals on the waiting list. It also requires OPWDD to list funding sources used for placement activity including pertinent cost information. Finally, the bill requires OPWDD to submit an updated plan every 6 months for meeting the needs of persons on the waiting list.

Section 2 of the bill provides for an immediate effective date.

Existing law

OPWDD provides residential opportunities to individuals under its care Through state facilities as well as by contracting with licensed not-for-profits to provide such Care. Funds have been appropriated each year through the budget for the establishment of new opportunities to meet the needs of individuals who are in need of residential care.

Justification

The waiting list for persons with intellectual and other developmental disabilities who require out-of-home residential care continues to be of great concern. Many persons remaining at home are being cared for by parents or other caregivers who themselves are acquiring age-related disabilities. This can be extremely problematic, especially when individuals with disabilities themselves are aging.

In fact, in February OPWDD's "Task Force on Aging" noted that statewide persons living at home ages 60 to 69 numbered 1,871; ages 70-79 numbered 681; and, age 80+ numbered 320. A total of 27,211

persons with developmental disabilities over age 30 continue to live at home. It is not clear how many of these individuals require out of home placement. More importantly, critical information on the exact size and needs of the statewide waiting list is not readily available making it impossible for policy makers to plan and budget accordingly. Furthermore, placement activity appears highly sporadic and hard to track. Placement plans seem as if they are continually changing. Increasingly, parents who had previously been led to believe that they would have a placement for their child find that this is no longer true.

This has left thousands of parents and families in a state of enormous uncertainty and anxiety regarding the status of their child or loved one's current or future placement. This bill will give them critical information. It will also give the Legislature and others with an interest in development policy information critical to enable them to do their jobs.

Legislative history

2011-12: S.3167/A.6553 - Referred to Mental Health

Fiscal implications

None.

Effective date

Immediately.