Relates to appointments and duties of the developmental disabilities advisory council and to the submission and posting of a statewide plan for services

Summary of provisions

Section 1 Amends subdivision (a) of section 13.05 of the mental hygiene law (MHL) by granting the temporary president of the senate and the speaker of the assembly each five appointments of individuals to serve as members of the Developmental Disabilities Advisory Council (DDAC).

Section 1 also amends the opening paragraph of subdivision (c) of section 13.05 of the MHL by requiring the DDAC, in cooperation with the commissioner of the office for developmental disabilities (OPWDD) to provide recommendations on issues related to the transition of the OPWDD service delivery system into managed care.

Section 2 Amends paragraph three of subdivision (b) of section 5.07 of the MHL by clarifying that the comprehensive plan developed by the commissioner of OPWDD must be submitted annually to the Legislature no later than January fifteenth.

Section 3 Provides the effective date.

Justification

New York State continues to work towards compliance with the Olmstead Plan by moving individuals out of institutional settings and into less restrictive community based programs, while simultaneously assessing the feasibility of transitioning the OPWDD service system into managed care. While most individuals would agree that this is an appropriate long term plan, there are serious concerns that the pace of this transition is too rapid and the capacity to provide services in local communities do not exist. Additional trepidation has resulted from what seems to be a lack of transparency regarding the current capacity of OPWDD's service system; gaps in services across the state; and a clear and precise plan which aims to provide appropriate levels of care for individuals with disabilities and support for their families.

In response, the State Fiscal Year (SFY) 2015-2016 Enacted Budget included an Omnibus reporting bill that provides the following information to the Legislature on services for individuals with disabilities:(1)Regional housing needs, the priority of such need, and developing housing alternatives; 2) Integrated employment opportunities, including alternative work settings; (3)Increasing access to self-directed models of care; (4) Monitoring the developmental center census reduction and types of community based services provided to individuals leaving developmental centers; (5) Examining the program design and fiscal model for managed care to appropriately meet service needs; and (6) the implementation of the

front door policy, including improvements made in determining priority residential placements and the process for individuals to seek access for services.

This information will prove to be invaluable by assisting the Legislature to address the service needs of individuals with disabilities during this period of transition. Unfortunately, these provisions will be repealed and be deemed expired on April 1st, 2016. It is obvious to most that the transition of the OPWDD service system into managed care, as well as the state's efforts to be in compliance with the Olmstead Plan will not be complete. In reality, it will likely be several more years before this plan will be successfully implemented; therefore, the need to monitor, assess, and report on such implementation will need to be continued.

Section 13.05 of the Mental Hygiene Law has established the Developmental Disability Advisory Council. The Council currently has the authority to provide recommendations to the commissioner of OPWDD regarding statewide priorities and goals for services for individuals with developmental disabilities, as well as assist in the development of OPWDD's statewide 5.07 comprehensive plan. This bill would support the implementation of OPWDD's transformation plan by requiring the council to provide recommendations in relation to the reporting provisions enacted in the SFY 2015-2016 Budget, once those provisions have expired and been repealed; and the Council's recommendations would be also included in OPWDD's 5.07 plan.

Legislative history

This is a new bill.

Fiscal implications

Undetermined.

Effective date

This act would take effect immediately; provided, however, that the amendments to subdivision (a) of section 13.05 of the MHL made by section one of this act shall take effect upon the next succeeding re-appointment time period, or as vacancies occur, and provided, further, that the amendments to the opening paragraph of subdivision (c) of section 13.05 of the MHL made by section one of this act shall take effect April 1, 2016.