What's happening
This bill requires the Office for People with Developmental Disabilities to submit detailed semiannual reports on residential waitlists and placements to the legislature.
Why it matters
Increases transparency about residential waitlists and placements. by requiring detailed, twice-yearly reports breaking down how many individuals with developmental disabilities are waiting for placement, where they are located, and what types of services or care they need—information crucial for families, advocates, and policymakers.
Highlights gaps and failures in the current system. by mandating data on individuals who are inadequately placed, placements that have failed, and reasons for such outcomes, which can drive targeted improvements and accountability for service quality.
Links funding and planning to real, up-to-date needs. by requiring reporting on the costs, sources of funds, and projected financial needs for residential services, as well as five-year projections for both out-of-home and in-home support needs, which can inform budget decisions and long-term planning.
Creates pressure for more proactive solutions. by obligating the Office for People with Developmental Disabilities to develop and share plans for meeting future placement needs, potentially prompting earlier interventions and better outcomes for individuals and families.
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Who cares
Headline styles
Report Disability Waitlists Biannually
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Report Waitlist for Disabilities
In Assembly Committee · Mental Health · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8378
IN SENATE
May 4, 2018
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assembly
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene law is amended by adding a new section 13.28 to read as follows: § 13.28 Office for people with developmental disabilities; residential
waitlist and placement report.
The office shall submit by January first, two thousand nineteen, and every six months thereafter, an updated waitlist and placement report to the temporary president of the senate and the speaker of the assembly, including the following information:
(a) Waitlist information. Such waitlist information shall include the statewide number of individuals awaiting placement broken down into the total number of individuals from within each developmental disability services office's geographic area who await residential placement and are expected to require such placement within the next year. Such information shall be grouped by the age of the individual awaiting placement and the age of their caregiver, if any. Such information shall also include:
1. the type of placement such individuals are expected to require divided into certified out-of-home, supervised, supportive placement and the number of such persons who are medically frail requiring intensive medical care;
2. non-certified residential placement outside of the parent's or parents' or other caregiver's home; and
3. the number of individuals expected to require home and community based services waiver-funded habilitation services at-home;
(b) Placement information. Such placement information shall include:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08962-01-7
S. 8378 2
1. the total number of individuals placed within each of the settings listed in paragraphs one, two and three of subdivision (a) of this section during the six months preceding the date of release of the report required pursuant to subdivision (c) of this section; and
2. the total number of individuals, who are not included on the waitlist, placed within each of the settings listed in paragraphs one, two and three of subdivision (a) of this section during the six months preceding the date of release of the report required pursuant to subdivision (c) of this section, and the reasons for such placements;
(c) The commissioner shall report the number of individuals who are currently placed in a residential program, whose current living situation is not adequate to meet their needs and who are awaiting an alternative placement. These individuals shall be divided according to:
1. the number and age of such individuals;
2. the settings listed in paragraphs one, two and three of subdivision (a) of this section; and
3. the number of children in residential placements expected to age out of such placements within a year and plans for continuing their placements as adults;
(d) The number of individuals whose placement failed or who have asked for an alternative placement, either themselves or through their parent or guardian acting on their behalf, over the six month period preceding the date of release of a report, with categorical descriptions of the reasons for such results and any actions taken or planned to remedy such situation;
(e) The cost of placements made during the period of such report divided into costs attributable to supervised, supportive, at-home residential placements or other placements;
(f) The appropriation authority used to fund placements made during the period of the report, including the year of the original appropriation and balance of remaining funds in such appropriation by category such as OPTS, NYS-CARES or other categories;
(g) Projected funding requirements for individuals remaining on the waiting list;
(h) An updated five year projection of individuals who will require out-of-home residential placement and a five year projection of individuals who require additional in-home supports;
(i) A plan for meeting the out-of-home residential placement needs shall also be developed and shall specify the type of placements according to such settings listed in paragraphs one, two and three of subdivision (a) of this section; and
(j) Any other information deemed necessary by the commissioner.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to requiring the office for people with developmental disabilities to submit an updated waitlist and placement report to the senate and assem- bly
Purpose
This bill requires OPWDD to submit a report by January la', 2019 to the legislature, and update it every six months thereafter, providing detailed information on the waiting list for out-of-home residential care and a summary of placement activity relating to persons on the waiting list for each six months period prior to the submission of the report.
Summary of provisions
Section 1 of the bill creates a new section 13.28 of the mental hygiene law to require that OPWDD submit a report by January 1, 2019, and update it every six months thereafter, providing detailed information on the waiting list for out-of-home residential care and a summary of placement activity relating to persons on the waiting list for each six month period prior to the submission of the report. The bill requires that the report specify placement settings used and note the number and reasons for those placements that did either failed or for which the individuals, his/her parent or guardian requested an alternative place- ment. The bill requires that the report specify the type of placements expected to be required to meet the needs of individuals on the waiting list. It also requires OPWDD to list funding sources used for placement activity including pertinent cost information. Finally, the bill requires OPWDD to submit an updated plan every six months for meeting the needs of persons on the waiting list.
Justification
The waiting list for persons with intellectual and other developmental disabilities who require out-of-home residential care continues to be of great concern. Many persons remaining at home are being cared for by parents or other caregivers who themselves are acquiring age-related disabilities. This can be extremely problematic, especially when indi- viduals with disabilities themselves are aging.
In fact, in February OPWDD's "Task Force on Aging" noted that a total of 27,211 persons with developmental disabilities over age 30 continue to live at home. Of these 27,211 people statewide, persons living at home ages 60 to 65 numbered 1,871; ages 70-75 numbered 581; and, age 80---numbered 320. Currently, it is not clear how many of these individ- uals require out of home placement. More importantly, critical informa- tion on the exact size and needs of the statewide waiting list is not readily available making it impossible for policy makers to plan and budget accordingly. Furthermore, placement activity appears highly sporadic and hard to track. Placement plans seem as if they are contin- ually changing. Increasingly, parents who had previously been led to believe that they would have a placement for their child find that this is no longer true.
This has left thousands of parents and families in a state of enormous uncertainty and anxiety regarding the status of their child or, loved one's current or future placement. This bill will give them critical information. It will also give the Legislature and others with an inter- est in development policy information critical to enable them to do their jobs.
Legislative history
2011/12:A6553 Referred to Mental Health 2013/14:A5894 Referred to Mental Health 2013/16:A8476 Referred to Mental Health
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.