Enacts the "fair access to individualized residences (FAIR) act"

2 Co-sponsors

• Robert Ortt
• Terrence P. Murphy

Title of bill

An act to amend the mental hygiene law, in relation to enacting the "fair access to individualized residences (FAIR) act"

Purpose

To direct the state to develop and implement a clear, consistent and uniform policy for ensuring that priority for residential placements of individuals with developmental disabilities includes individuals who can no longer be cared for safely by their families

Summary of provisions

Section 1 of the bill provides a legislative intent.

Section 2 establishes that the law shall be known as the FAIR ACT (Fair Access to Individualized Residences).

Section 3 adds a new section 41.59 to the mental hygiene law establishing a caregiver assessment for ensuring priority placement process for certain developmental disabled persons.

Sections 4 and 5 require the Commissioners of Health and Developmental Disabilities to implement the provisions of the act within 120 of the effective date which shall be immediately.

Justification

In the face of insufficient resources for residential development the waitlist for people with developmental disabilities in need of out of home residential placement has grown to crisis proportions. Further budget resources are heavily focused on the placement of people considered "special populations," rather than people who have lived at home with family their entire life.

In fact, approximately 25% of the people with developmental disabilities that reside with family caregivers are living with caregivers over the age of 60. (SOURCE: Braddock, Hemp, Rizzolo, Tanis, Haffer, & Wu. (2015). State of the States in Developmental Disabilities: Emerging from the Great Recession. Boulder/Chicago: Universities of Colorado & Illinois). This translates to approximately 50,000 New Yorkers. Due to the increasing age related disabilities of their family caregivers, particularly elderly parents, many are living under circumstances often significantly more difficult than persons designated as special population. Their family caregivers have provided extensive supports which have reduced the need for government expenditures over many years. That contribution must be recognized as part of a process that allocates placements based on individual need rather than an individual's designation as the member of a particular class of people.

In view of the urgency of the waiting list crisis and resource limitations, it is imperative that the State develop a clear, open and transparent policy for ensuring that placements go to those individuals who are most in need. This must take into account the circumstances of family caregivers including age, disability and the means to continue to support their loved on at home.

This bill directs the commissioner to develop an assessment process in consultation with the developmental disabilities advisory council and other interested parties and provides time from for the assessments to be performed upon request of a caregiver or individual, including time frames for decisions and appeals of those decisions.

Legislative history

New Bill

Fiscal implications

None to state.

Effective date

Immediately and the Commissioners shall implement the provisions of the act within 120 of the effective date.