Bill Text: NY A01577 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Directs the independent developmental disability ombudsman program to establish 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; to provide assistance for navigating and completing processes; to assist individuals in filing and preparing appeals; to assist individuals with any problems encountered; and to educate individuals on their rights and responsibilities with respect to access to services provided by the office for people with developmental disabilities and care coordination provided by health homes serving individuals with developmental disabilities or services provided by other providers.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2024-05-20 - substituted by s3108a [A01577 Detail]

Download: New_York-2023-A01577-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1577

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of A. BUTTENSCHON, DARLING, EPSTEIN -- read once and
          referred to the Committee on People with Disabilities

        AN ACT to amend the mental hygiene law, in relation to establishing  the
          independent developmental disability ombudsman program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  33.28 to read as follows:
     3  § 33.28 Independent developmental disability ombudsman program.
     4    (a) There is hereby established by the office for people with develop-
     5  mental  disabilities  the independent developmental disability ombudsman
     6  program for the purpose  of  assisting  individuals  with  developmental
     7  disabilities  to  ensure  their  access  to services and preservation of
     8  their rights.
     9    (b) Such ombudsman program shall have the following duties, including,
    10  but not limited to:
    11    1. establishing a service delivery structure based in New  York  state
    12  that includes a toll-free telephone hotline, an interactive website, and
    13  availability  of  in-person,  telephone  and  email  access to ombudsman
    14  program staff or volunteers;
    15    2. identifying, investigating, referring and resolving complaints made
    16  by, or on behalf of, individuals relative to their  access  to  services
    17  provided by the office for people with developmental disabilities or the
    18  care  coordination  provided  by  health  homes serving individuals with
    19  developmental disabilities or services provided by other providers;
    20    3. providing assistance for navigating and completing processes,  such
    21  as  paperwork  and  documentation,  to  access  services provided by the
    22  office for people with developmental disabilities or  the  care  coordi-
    23  nation  provided  by health homes serving individuals with developmental
    24  disabilities to individuals or services  provided  by  other  providers,
    25  and/or anyone seeking assistance on their behalf;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05102-01-3

        A. 1577                             2

     1    4.  assisting individuals in filing and preparing appeals, and repres-
     2  enting individuals in appeals and hearings  concerning  adverse  benefit
     3  determinations regarding services provided by the office for people with
     4  developmental  disabilities  or  health  homes  serving individuals with
     5  developmental  disabilities to individuals or services provided by other
     6  providers;
     7    5.  collecting,  tracking,  and  quantifying  problems  and  inquiries
     8  encountered by individuals; and
     9    6.  educating  individuals  on  their rights and responsibilities with
    10  respect to access to services provided by the  office  for  people  with
    11  developmental  disabilities  and  care  coordination  provided by health
    12  homes serving individuals with developmental  disabilities  or  services
    13  provided by other providers.
    14    (c)  Notices  and  materials provided to individuals by the office for
    15  people with developmental disabilities, providers of services,  and  the
    16  health  homes  serving individuals with developmental disabilities shall
    17  include the name, phone number and website address  of  the  independent
    18  developmental disability ombudsman program established by the office for
    19  people with developmental disabilities pursuant to this section.
    20    (d)  Funds  available for expenditure pursuant to this section for the
    21  establishment  of  an  independent  developmental  disability  ombudsman
    22  program  may  be  allocated  and  distributed by the commissioner of the
    23  office for  people  with  developmental  disabilities,  subject  to  the
    24  approval  of the director of the budget, but only after the commissioner
    25  of the office for people with developmental disabilities holds a request
    26  for proposal process for the establishment of  an  independent  develop-
    27  mental disability ombudsman program. Only domestic not-for-profit corpo-
    28  rations shall be eligible to submit proposals for such program. Entities
    29  that  currently receive funding from the office for people with develop-
    30  mental disabilities to provide services  to  people  with  developmental
    31  disabilities,  or  to  operate  care coordination organizations, or that
    32  bill the Medicaid program for medical or healthcare services,  shall  be
    33  excluded  from  consideration. The commissioner of the office for people
    34  with developmental disabilities shall consider all competitive proposals
    35  submitted through such request for proposal process and shall  determine
    36  which  proposal  submitted  is  appropriate  for the establishment of an
    37  independent developmental disability ombudsman program. In  making  such
    38  determination,  applicants who demonstrate experience providing advocacy
    39  or assistance to  people  with  developmental  disabilities,  experience
    40  operating  a  call  center, or experience tracking and reporting on case
    41  activities while protecting  individual  confidentiality  shall  receive
    42  deference for the award.
    43    § 2. This act shall take effect on the one hundred eightieth day after
    44  it shall have become a law.
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