STATE OF NEW YORK
        ________________________________________________________________________

                                          7728

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2019
                                       ___________

        Introduced by M. of A. BUTTENSCHON, GUNTHER -- read once and referred to
          the Committee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to the establishment
          of the independent intellectual and 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  33.29 to read as follows:
     3  §  33.29 Independent intellectual and developmental disability ombudsman
     4            program.
     5    (a) There is hereby established the office of the  independent  intel-
     6  lectual  and  developmental  disability  ombudsman  program that will be
     7  operated or selected by the office for people with  developmental  disa-
     8  bilities  for  the purpose of assisting individuals with an intellectual
     9  or developmental disability to ensure that they  receive  coverage  from
    10  managed care organizations that is appropriate in meeting their individ-
    11  ual service needs.
    12    (b)  Such  ombudsman  will  identify,  investigate,  refer and resolve
    13  complaints that are made by, or on  behalf  of,  consumers  relative  to
    14  coverage  under  a  managed  care organization and access to initial and
    15  continuing  intellectual  and  developmental  disability  services   and
    16  supports;  and accept, investigate, refer and help to resolve complaints
    17  that are made by or on behalf of consumers or by providers  relative  to
    18  network adequacy for access to intellectual and developmental disability
    19  services and supports.
    20    (c)  Notwithstanding  sections  one  hundred  twelve  and  one hundred
    21  sixty-three of the state finance law and section one  hundred  forty-two
    22  of  the economic development law, or any other inconsistent provision of
    23  law, funds available for expenditure pursuant to this  section  for  the
    24  establishment of an ombudsman program for intellectual and developmental

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11224-01-9
        A. 7728                             2

     1  disability,  may be allocated and distributed by the commissioner of the
     2  office for  people  with  developmental  disabilities,  subject  to  the
     3  approval  of  the  director  of the budget, without a competitive bid or
     4  request  for  proposal  process  for  the  establishment of an ombudsman
     5  program for intellectual and developmental disability. Provided,  howev-
     6  er,  that  such  allocation  or  distribution must be based on objective
     7  criteria and an allocation methodology that is approved by the  director
     8  of the budget.
     9    § 2. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law.