BILL NUMBER: S4344
SPONSOR: COMRIE
 
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 assembly
 
PURPOSE:
This bill requires OPWDD to submit a report by January 1st, 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, 2021, 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 individuals require out of
home placement. More importantly, critical information 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. Further-
more, placement activity appears highly sporadic and hard to track.
Placement plans seem as if they are continually 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:
2024: S2897 Comrie/ A9779 Santabarbara
2022: S5809
2018: S 8378 COMRIE Same as A 4364 Ortiz
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.