BILL NUMBER: S4871A
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to the duties of the
independent developmental disability ombudsperson program
 
PURPOSE:
The purpose of this bill is to modify the duties of the independent
developmental disability ombudsman program.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill would modify the duties of the independent devel-
opmental disability ombudsman program, including establishing a service
delivery structure based in New York state that includes a toll-free
telephone hotline, an interactive website, and availability of in-per-
son, telephone and email access to ombudsman program staff or volun-
teers; providing assistance navigating and completing processes, such as
paperwork and documentation to access services, and/or anyone seeking
assistance on their behalf; assisting individuals in filing and prepar-
ing appeals, and representing individuals in appeals and hearings,
concerning adverse benefit determinations; collecting, tracking, and
quantifying problems and inquires encountered by individuals; and,
educating individuals on their rights and responsibilities with respect
to access to services. Additionally, this section one of this bill
would require that only domestic, not-for-profit corporations are eligi-
ble to submit proposals for this procurement and that entities that
currently receive funding from OPWDD to provide services to people with
I/DD, or to operate CCO, or that bill the Medicaid program for medical
or healthcare services, shall be excluded from consideration.
Section 2 of this bill provides that the effective date shall take
effect on the one hundred eightieth day after it shall have become a law
and shall apply to all policies and contracts issued, renewed, modified,
altered or amended on and after such date; provided, however, that if
section 1 of part KK of chapter 57 of the laws of 2023 shall not have
taken effect on or before such date then this act shall take effect on
the same date and in the same manner as such section of such part of
such chapter of the laws of 2023, takes effect.
 
JUSTIFICATION:
Individuals with Intellectual and Developmental dDisabilities (I/DD),
their family members, and their advocates need individual assistance
navigating the complex system of services and care coordination intended
to provide for their needs and choices. As such, people with I/DD
deserve an independent avenue for addressing their concerns and issues,
including, but are not limited to, failure of a care coordinator to be
responsive to individuals in their caseload, individual dissatisfaction
with how their Life Plan is being implemented, or failure of the CCO to
provide adequate training of care coordinators.
In SFY 2023-2024, the Office for People with Developmental Disabilities
(OPWDD) was provided with funding to implement a similar program. This
pilot program will be helpful to assist and direct concerns and
complaints from the disabilities community, more can be done to ensure
that the program is operating in a capacity that best serves all indi-
viduals with I/DD. For example, the program could be expanded to provide
assistance with navigating and completing processes, such as paperwork
and documentation, assisting individuals in filing and preparing appeals
and representing individuals in appeals and hearings, and educating
individuals on their rights and responsibilities with respect to access
to services.
Expanding the independent developmental disability ombudsman program
would enable individuals with I/DD to live fuller lives and receive the
care they deserve. This bill would modify the duties of the independent
developmental disability ombudsman program, including establishing a
service delivery structure based in New York state that includes a toll-
free telephone hotline, an interactive website, and availability of
in-person, telephone and email access to ombudsman program staff or
volunteers; providing assistance navigating and completing processes,
such as paperwork and documentation to access services, and/or anyone
seeking assistance on their behalf; assisting individuals in filing and
preparing appeals, and representing individuals in appeals and hearings,
concerning adverse benefit determinations; collecting, tracking, and
quantifying problems and inquires encountered by individuals; and,
educating individuals on their rights and responsibilities with respect
to access to services.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Reporting requirement added.
 
LEGISLATIVE HISTORY:
2023-24: S.3108A
2021-22: S.8326-A
 
FISCAL IMPLICATIONS:
The estimated cost of modifying this program is approximately $1
million. Currently, the State funds this program at $2 million.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on and after such date.

Statutes affected:
S4871: 33.28 mental hygiene law
S4871A: 33.28 mental hygiene law