Create Disability Support Office

Section 1. The executive law is amended by adding a new article 19-E to read as follows:

ARTICLE 19-E

OFFICE OF COMMUNITY LIVING Section 460. Purpose.

461. Office of community living.

462. Director; general responsibilities.

463. Additional powers of the office of community living.

464. Most integrated setting coordinating council.

465. Independent living centers.

466. New York access to home program.

467. Other responsibilities of the office of community living.

§ 460. Purpose. Persons with disabilities comprise a major segment of the state of New York's population and their particular needs and concerns must be considered as an integral part of the planning and implementation of all state programs and services affecting their lives and well-being. The office of community living shall advocate on behalf of persons with disabilities and assure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of this state, and will promote and fund services that assist persons with disabilities to live independently in their home communities.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08545-01-9

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§ 461. Office of community living. There is hereby established within the executive department an office of community living. The office of community living shall advise and assist the governor in developing policies designed to help meet the needs of persons with disabilities and to encourage the full participation of persons with disabilities in society. The office of community living shall be the state's coordinator for implementation of the Americans with Disabilities Act, and, as such, is charged with coordinating state activities which insure that state programs do not discriminate against and are accessible to persons with disabilities. The office of community living shall also coordinate the state's efforts to comply with the United States Supreme Court's Olmstead decision. In its 1999, Olmstead v. L.C. decision, the United States Supreme Court ruled that New York, like all states, in accordance with the Americans with Disabilities Act (ADA), have an obligation to provide services to individuals with disabilities in the most integrated setting appropriate to their needs. A comprehensive Olmstead implementation plan that will address integrated housing, employment, transportation, community services and other important issues will affirm New York's position as a national leader on disability rights. As such, the office of community living will assume responsibility of chairmanship of the most integrated settings coordinating council. The office for community living shall also be responsible for funding services that promote and advocate for independence and community living for persons with disabilities.

§ 462. Director; general responsibilities. The head of the office of community living shall be the director, who shall be appointed by the governor by and with the advice and consent of the senate. The director shall receive a salary to be fixed by the governor within the amount appropriated therefor. The director, subject to rules prescribed by the governor, may appoint and fix the compensation of subordinates and employees of the division within the amounts appropriated therefor.

§ 463. Additional powers of the office of community living. The office of community living shall have the following additional powers:

1. Submission, reviews and recommendations. (a) Each division within the executive department and all other departments of the state shall submit to the office of community living for review proposed legislation, regulations, orders and plans which may significantly affect the lives or well-being of persons with disabilities in the state. Such matters shall, in the case of proposed legislation, be submitted at least thirty days prior to submission to the legislature and, in the case of regulations, orders and plans, at least thirty days prior to the effective date of this article.

(b) The office of community living shall review and report upon all matters of significance submitted to it. The office shall submit reports or other comments where appropriate to the division or department which referred such matter evaluating (i) the impact of the proposed legislation, regulation, order, or plan upon persons with disabilities; (ii) the relationship and impact of such proposals on existing programs affecting persons with disabilities; (iii) the desirability of such proposals; and (iv) modifications that would enhance the impact of the proposal upon persons with disabilities or aid in the implementation of the new proposal.

2. Cooperation. All state agencies contemplating actions that would be subject to review under this order shall inform the office of community living as early as possible in the process of developing such proposals and shall cooperate with the office of community living in carrying out

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these responsibilities to assure that appropriate consideration is given the needs and concerns of persons with disabilities.

§ 464. Most integrated setting coordinating council. 1. Legislative findings and intent. The Americans with Disabilities Act requires the state of New York to ensure that people of all ages with disabilities reside and function in the most integrated setting possible. This requirement was recognized and upheld by the Supreme Court in the case of Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L.C., by Zimring, Guardian ad litem and Next Friend, et al. (138 F. 3d 893). While the state of New York provides community supports for people of all ages with disabilities and while the state of New York does operate a home and community-based waiver Medicaid program, the legislature hereby finds that the state of New York has no centralized mechanism in place to determine whether or not people of all ages with disabilities are residing in the most integrated setting possible. In order to ensure that the state of New York is in compliance with the requirements of the Olmstead decision, the legislature hereby finds that it is incumbent upon the state of New York to develop and implement a plan to reasonably accommodate the desire of people of all ages with disabilities to avoid institutionalization and be appropriately placed in the most integrated setting possible.

2. Definitions. As used in this section the following terms shall have the following meanings:

(a) "Council" means the most integrated setting coordinating council.

(b) "Disability" means, with respect to an individual:

(i) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(ii) a record of such an impairment; or

(iii) being regarded as having such an impairment.

(c) "Most integrated setting" means a setting that is appropriate to the needs of the individual with the disability and enables that individual to interact with nondisabled persons to the fullest extent possible.

3. Most integrated setting coordinating council; organization. (a) The most integrated setting coordinating council is continued within the executive department to have and exercise the functions powers and duties provided by the provisions of this article and any other provision of law. The council shall be comprised of the director of the office of community living, and the commissioners of: the department of health, the office of persons with developmental disabilities, the office of mental health, the department of transportation, the office of children and family services, the office of alcohol and substance abuse services, the department of education, and the division of housing and community renewal. In addition, the council shall consist of the director of the office for the aging, a representative from the justice center for persons with special needs, six consumers of services for individuals with disabilities, two to be appointed by the governor, two to be appointed by the temporary president of the senate, and two to be appointed by the speaker of the assembly, three individuals with expertise in the field of community services for people of all ages with disabilities, one to be appointed by the governor, one to be appointed by the temporary president of the senate, and one to be appointed by the speaker of the assembly, and three individuals with expertise in or recipients of services available to senior citizens with disabilities, one to be appointed by the governor, one to be appointed by the tempo-

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rary president of the senate, and one to be appointed by the speaker of the assembly.

(b) The director of the office of community living shall be the chairperson of the council.

(c) The council shall meet as necessary to carry out its functions, powers and duties, but such meetings shall occur at least once each quarter.

4. Functions, powers and duties of the council. (a) The council shall develop, update and oversee the implementation of a comprehensive statewide plan for providing services to individuals of all ages with disabilities in the most integrated setting. Such plan shall include, but not be limited to:

(i) the number of individuals of all ages with disabilities who are currently institutionalized and are eligible for services in communitybased settings, the number of individuals residing in the community who are dependent on the assistance of community-based services to avoid institutionalization and any improvements necessary to be made to current data collection systems or any new data collection initiatives necessary to obtain such information;

(ii) the current assessment procedures utilized to identify individuals of all ages with disabilities who could benefit from services in a more integrated setting and the development of a single assessment process for individuals of all ages with disabilities in need of services, to be implemented by one community-based agency in each county with expertise in community-based services for people of all ages with disabilities through the use of a uniform assessment tool;

(iii) the identification of what community-based services are available to individuals of all ages with disabilities in the state of New York and an assessment of the extent to which these programs are able to serve people in the most integrated settings;

(iv) the identification of what improvements need to be made to the system of community-based services to ensure that the system is comprehensive, accessible, meets the needs of persons who are likely to require assistance in order to live in the community and provides high quality, adequate supports for individuals of all ages with disabilities;

(v) an evaluation of the supports and services available to assist individuals of all ages with disabilities who reside in their own homes with the presence of other family members or other informal caregivers and an evaluation of the supports and services available to address the needs of individuals of all ages with disabilities who reside in their own homes without family members or other informal caregivers;

(vi) an examination of how the identified community-based supports and services integrate individuals of all ages with disabilities into the community;

(vii) a review of what funding sources are available to increase the availability of community-based services and an analysis of how the varied funding sources available to meet the needs of individuals of all ages with disabilities in the most integrated setting can be organized into a coherent system of long term care which affords people reasonable and timely access to community-based services;

(viii) an assessment of how well the current service system works for different populations, including but not limited to, elderly people with disabilities, people with physical disabilities, people with developmental disabilities, people with mental illness, and people with HIV and

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AIDS, and a review of changes that might be desirable to make services a reality in the most integrated setting for all populations;

(ix) an examination of waiting lists for community-based services and what might be done to ensure that waiting lists are created and accurately maintained and that people are able to come off waiting lists and receive needed community-based services at a reasonable pace;

(x) an examination of what information, education, outreach and referral systems might be useful to ensure that individuals of all ages with disabilities receive the information necessary to make informed choices regarding how their needs can best be met, including the evaluation of the creation of a toll free hotline with information on community-based services for individuals of all ages with disabilities;

(xi) an evaluation of how quality assurance and quality improvement can be conducted effectively as more people of all ages with disabilities live in community settings; and

(xii) an examination of how the overall system of health and long term care can best be managed so that placement in the most integrated setting becomes the norm.