Relates to reports on priority I and priority II individuals and the services provided to such individuals

2 Co-sponsors

• John J. Bonacic
• David Carlucci

BILL NUMBER:S4180

Title of bill

An act to amend the mental hygiene law, in relation to reports on priority I and priority II individuals and the services provided to such individuals

Purpose

This bill amends section 16.01 of the Mental Hygiene Law to require the Commissioner of OPWDD to report on the number of people with developmental disabilities in critical need of services, including out of home residential care, whose level of need falls into Priority I and Priority II categories. Priority I and II categories are the two highest measures of need for those people with developmental disabilities residing in critically inadequate living situations. The bill defines Priority I and II consistent with New York's approved Home and Community Based Services Waiver agreement.

Summary of provisions

Section 1 states that the Commissioner shall biannually submit a report on the total number of Priority I individuals who require out of home residential placement, require day services by type of service and are defined as "special population". Further shall detail the number of individuals who reside in developmental centers, nursing homes, hospitals and young adults who are aging out of residential school placement. Subdivision 2 states that the Commissioner shall biannually report to the legislature the total number of Priority II individuals including the number of such individuals by type of service and support required.

Section 2 is the effective date

Justification

There is a rapidly growing waiting list of people living at home in critical need of services, including out of home care. For example, many parents, who for decades have acted as caregivers for their adult children with developmental disabilities, are too disabled by age and their own frailty to continue to care for their child and may be further challenged by their financial limitations or possibly their child's extreme behavioral needs.

This issue of unmet need presents an emerging crisis, but there is no effective State plan for addressing the problem. In particular, there is a critical lack of hard data essential for the Executive and legislative branches of State government to formulate an effective and efficient plan for ameliorating or resolving this issue.

In order to meet the need for critical data, the State must provide routine updates regarding the numbers of individuals who fall into Priority I and Priority II categories. These include those individuals whose present living situation is neither suitable nor adequate to their needs. Specifically, such individuals include those at risk of homelessness, who may constitute an imminent danger to themselves or others or who reside in a variety of inappropriate and/or significantly inadequate living situations.

This bill is a critical and commonsense measure on behalf of some of our State's neediest families and imposes a minimal reporting obligation on the State agency responsible for the care and services provided for this population.

Legislative history

New Bill.

Fiscal impact on the state

Minimal.

Effective date

This act shall take immediately.