Establishes a program of tiered eligibility for services offered by OPWDD for persons with learning disabilities and other complex neurological impairments

Summary of provisions

Section 1 of the bill adds a new section 41.59 of the mental hygiene law outlining legislative intent, defining terms, directing the Commissioner of OPWDD to establish a program of tiered eligibility for services for persons with learning disabilities and other complex neurological impairments and sets forth the elements of such a program. It also directs the Commissioner to develop a reimbursement methodology for intensive services navigation as described in the bill and to consult with a statewide association specifically representing individuals with learning disabilities and related services providers.

Section 2 of the bill provides for an effective date 180 days after enactment provided however that the Commissioner of OPWDD is authorized to promulgate any and all rules and regulations necessary to implement the act.

Justification

Individuals with learning disabilities are disproportionately afflicted with other problems in society. For example, up to 60% of adolescents in treatment for substance abuse have learning disabilities, 48% of those with learning disabilities are out of the workforce, 44% of those on welfare (TANF) were found to have a learning disability, 50% of juvenile delinquents tested were found to have an undetected learning disability and 31% of students with learning disabilities will be arrested 3-5 years out of high school to name just some of the sobering statistics.

All too often, our failure to appropriately provide educational and support services for persons with learning disabilities results in the tragic and costly use of "last resort" programs. When you consider the large proportion of incarcerated New York State youth who are known or suspected of having a learning disability, or the numbers of adults with learning disabilities in our State correctional facilities, or the disproportionate number of persons with learning disabilities receiving income supports, in addition to many other safety net programs and initiatives serving persons with learning disabilities, then you will see the huge costs of this tragedy, in both human and fiscal terms. Yet research and experience demonstrates that modest investments in educational and supportive services for persons with learning disabilities will have a substantial positive impact on the lives and relationships, while providing substantial savings to taxpayers.

Over the last 15 years OPWDD services have become more Medicaid oriented and, as a result, individuals who used to be qualified to receive learning disability services often do not get qualified for the services today. This proposal aims to provide a mechanism for the state to respond to a crisis and to provide early intervention rather than have people's only option be to wait for and pursue full OPWDD eligibility. It creates a two tiered system. In tier one intensive service navigation would be provided for a 3 to 6 month period and be oriented to crisis intervention. Individuals all of whom have some form of a neurological impairment and have recently experienced some type of life changing event that has resulted in some form of crisis. If the situation stabilized, the services would end. However, if the need persisted and more direct intervention was required, individuals would move into Tier 2 where service navigation would continue and intensify and a process of assessing the individual's adaptive behavior and providing new adaptive skills would begin. Tier 2 would also be provided for 3-6 months and would end with either services ending or they would continue to apply for OPWDD eligibility having accurate information on the level of the person's handicapping condition and the impact it is having on the individual's daily life.

This bill aims to provide assistance to those suffering from learning disabilities who are experiencing crisis in their lives as a result of that disability with assistance in navigating the situation, and if necessary moving toward an application for OPWDD eligibility. It is a triaged approach to serving many individuals in our society who are falling through the cracks.

Legislative history

2011-12: S.3020 - Died in Mental Health

Fiscal implications

To be determined.

Effective date

180 days after enactment.