Bill Text: NY S03108 | 2023-2024 | General Assembly | Amended
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: Moderate Partisan Bill (Democrat 8-2)
Status: (Vetoed) 2024-12-13 - VETOED MEMO.97 [S03108 Detail]
Download: New_York-2023-S03108-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3108--A 2023-2024 Regular Sessions IN SENATE January 27, 2023 ___________ Introduced by Sens. MANNION, BROUK, SALAZAR, SKOUFIS, WEBER -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities -- recommitted to the Committee on Disabili- ties in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to the duties of 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. Section 33.28 of the mental hygiene law, as added by 2 section 1 of part KK of chapter 57 of the laws of 2023, is amended to 3 read as follows: 4 § 33.28 Independent developmental disability ombudsman program. 5 (a) There is hereby established by the office for people with develop- 6 mental disabilities the independent developmental disability ombudsman 7 program for the purpose of assisting individuals with developmental 8 disabilities to ensure access by such individuals to services and to 9 preserve their rights. 10 (b) Such ombudsman program shall have the following duties, including, 11 but not limited to: 12 1. establishing a service delivery structure based in New York state 13 that includes a toll-free telephone hotline, an interactive website, and 14 availability of in-person, telephone and email access to ombudsman 15 program staff or volunteers; 16 2. identifying, investigating, referring and resolving complaints that 17 are made by, or on behalf of individuals relative to access to services 18 provided by the office for people with developmental disabilities or 19 care coordination or other providers certified and/or authorized by the 20 office to provide services to people with developmental disabilities[,EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05102-02-3S. 3108--A 2 1and access to initial and continuing intellectual and developmental2disability services and supports]; 3 3. providing assistance for navigating and completing processes, such 4 as paperwork and documentation, to access services provided by the 5 office for people with developmental disabilities or the care coordi- 6 nation provided by health homes serving individuals with developmental 7 disabilities to individuals or services provided by other providers, 8 and/or anyone seeking assistance on their behalf; 9 4. assisting individuals in filing and preparing appeals, and repres- 10 enting individuals in appeals and hearings concerning adverse benefit 11 determinations regarding services provided by the office for people with 12 developmental disabilities or health homes serving individuals with 13 developmental disabilities to individuals or services provided by other 14 providers; 15 5. collecting, tracking, and quantifying problems and inquiries 16 encountered by individuals; and 17 6. educating individuals on their rights and responsibilities with 18 respect to access to services provided by the office for people with 19 developmental disabilities and care coordination provided by health 20 homes serving individuals with developmental disabilities or services 21 provided by other providers. 22 (c) Notices and materials provided to individuals by the office for 23 people with developmental disabilities, providers of services, and the 24 health homes serving individuals with developmental disabilities shall 25 include the name, phone number and website address of the independent 26 developmental disability ombudsman program established by the office for 27 people with developmental disabilities pursuant to this section. [The28phone number shall be available for forty hours every week.] 29 (d) Funds available for expenditure pursuant to this section for the 30 establishment of an independent developmental disability ombudsman 31 program may be allocated and distributed by the commissioner of the 32 office for people with developmental disabilities, subject to the 33 approval of the director of the budget, but only after the commissioner 34 of the office for people with developmental disabilities holds a request 35 for proposal process for the establishment of an independent develop- 36 mental disability ombudsman program. Only domestic not-for-profit corpo- 37 rations shall be eligible to submit proposals for such program. Entities 38 that currently receive funding from the office for people with develop- 39 mental disabilities to provide services to people with developmental 40 disabilities, or to operate care coordination organizations, or that 41 bill the Medicaid program for medical or health care services, shall be 42 excluded from consideration. The commissioner of the office for people 43 with developmental disabilities shall consider all competitive proposals 44 submitted through such request for proposal process and shall determine 45 which proposal submitted is appropriate for the establishment of an 46 independent developmental disability ombudsman program. In making such 47 determination, applicants who demonstrate experience providing advocacy 48 or assistance to people with developmental disabilities, experience 49 operating a call center, or experience tracking and reporting on case 50 activities while protecting individual confidentiality shall receive 51 deference for the award. 52 § 2. This act shall take effect on the one hundred eightieth day after 53 it shall have become a law and shall apply to all policies and contracts 54 issued, renewed, modified, altered or amended on and after such date; 55 provided, however, that if section 1 of part KK of chapter 57 of the 56 laws of 2023 shall not have taken effect on or before such date thenS. 3108--A 3 1 this act shall take effect on the same date and in the same manner as 2 such section of such part of such chapter of the laws of 2023, takes 3 effect.
