BILL NUMBER: S3105A
SPONSOR: MANNION
 
TITLE OF BILL:
An act relating to assessing the staffing and other issues causing the
continued displacement of individuals with developmental disabilities
from various state-operated institutions under the jurisdiction of the
office for people with developmental disabilities
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to assess and remedy any issues, including
staffing, that relates to the displacement of individuals with a devel-
opmental disability.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would declare the legislative intent and would
require the Commissioner of the Office for People with Developmental
Disabilities to submit a report detailing the number and nature of
state-operated residential facilities serving individuals with develop-
mental disabilities, an official record of staff delivering services and
the hiring of new staff at these residential facilities.
Section 2 of this bill would require that such report include the total
number of full-time equivalent staff by position or title for the office
for people with developmental disabilities, the 2022-2023 fiscal year
full-time equivalent budgeted staffing level by position or title for
the office for people with developmental disabilities, the number of
full-time equivalent staff that separated from service between April 1,
2022 and December 1, 2022, the number of staff hired from April 1, 2022
to December 1, 2022, and the number of unfilled and vacant positions as
of December 1, 2022 at each state-operated facility. The report shall
also include the number of full-time equivalent staff, the steps taken
by OPWDD to recruit staff for new and vacant positions, a list of state-
operated residential facilities detailing which facilities are owned or
leased, and the number of eligible clients with developmental disabili-
ties currently on a waiting list to receive care.
Section 3 of this bill would require that the report be posted for
public inspection on OPWDD's website.
Section 4 of this bill provides that the effective date shall take
effect immediately.
 
JUSTIFICATION:
The state of New York has embarked on a long-term effort to reduce
staffing at all of its agencies. This impacts the availability and
continuity of services for New Yorkers with intellectual and develop-
mental disabilities, as well as other vulnerable populations. The
reduction in staff is directly attributable to the imposition of "bare
bones" budgeting at all of the state agencies that has been in place for
years. This budgeting approach left the state ill-prepared to maintain
the continuity of quality and safe service delivery, especially for New
Yorkers located in congregate settings. As we have seen from the state's
response to the COVID-19 pandemic, the public interest is best served by
high-capacity state agencies that render needed services and which are
staffed by talented, dedicated and professional public servants hired
pursuant to the state's rigorous civil service system. It is clear that
the State of New York needs to learn several lessons from this experi-
ence. New York needs to develop greater capacity to deliver needed
services and to address potential disasters and emergencies in a timely,
effective, efficient, and cost-effective manner.
This bill will help to improve quality of care by requiring reports to
be provided to the legislature on staffing data and service needs both
regionally and statewide. It will also help increase transparency and
promote discussion among the stakeholders related to the suspension or
reduction of services by requiring a report to the legislature prior to
any closure or reduction of service.
 
LEGISLATIVE HISTORY:
2021-22: S.9086 (Mannion) - Veto Memo 83
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.