Relates to integrated housing for individuals with developmental disabilities

Section 2 provides for an immediate effective date.

Justification

The state of New York and the Federal Government have entered into a Transformation Agreement. As part of this agreement the state has agreed to close its remaining developmental centers and agreed to transfer over 6700 individuals from institutional settings to more integrated community based settings. This includes nearly 1000 individuals who resided in campus based developmental centers and 5700 individuals currently residing in community-based ICF/IDD institutions. New York is also required to increase the availability of supportive housing options for this population.

This agreement does not begin to address the very real challenges the state faces in transforming housing opportunities to meet the housing needs of people with developmental disabilities. In addition to the closure of virtually all residential options of an institutional nature, these challenges include aging caregivers, a growing school-age population and the need to develop housing compliant with the Americans with Disability Act's most integrated setting mandate. Continued reliance on the type of disability-specific residential setting which has been the mainstay of housing development for this population over the past 30 years is no longer fiscally sustainable or legally acceptable. The federal government is requiring states to develop a range of different housing options. Options cannot just be living with aging parents and sibling caregivers or living in a group home.

In terms of aging caregivers, it is estimated that nearly 50,000 individuals with DD are living with caregivers aged 60 or older in New York State. These aging caregivers are increasingly unable to care for their special needs adult children and these 50,000 adults with DD are most at risk of homelessness or crisis placement should their family caregiver pass away. New York also faces a growing number of students with disabilities who are aging out of the educational system. Over 2800 students with severe cognitive disabilities are aging out of the educational system each year and these individuals are going to want to live more integrated lives in the community.

Meanwhile, there continues to be a large number of individuals seeking more independent housing opportunities away from parental homes and away from aging family caregivers. As of April of 2013, OPWDD had identified over 12,000 individuals with developmental disabilities seeking residential opportunities. 4200 individuals were seeking a residential opportunity ASAP. While the term "wait-list is no longer "politically correct" and there is a need to refine and update this "residential registry", the data does provide an indication of the number of individuals seeking a choice of different housing options.

It is clear the past approach to housing for this population, which relied heavily upon the use of traditional disability-specific 24-hour care residences can no longer support the housing choices these individuals want or need. The State needs a plan moving forward. In its required submissions to the Federal Government, OPWDD has already outlined goals and strategies for improving housing options. This legislation will permit the state to develop a comprehensive integrated housing plan and involve all stakeholders in its development and implementation. It will also allow the Legislature and the Executive to make informed policy judgments relative to appropriate funding levels and mix of housing opportunities in New York.

Prior legislative history

2015: S.2977 Referred to Mental Health and Developmental Disabilities 2014: S.7431 Passed Senate

Fiscal implications

To be determined. OPWDD has already begun the development of the plan as part of a July 2013 submission to the federal CMS.

Effective date

This act shall take effect immediately.