Bill Text: NY S03108 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3108

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 27, 2023
                                       ___________

        Introduced  by Sens. MANNION, SALAZAR, SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Disabil-
          ities

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05102-01-3
        S. 3108                             2

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