Bill Text: NY S03265 | 2009-2010 | General Assembly | Introduced
Bill Title: Promotes the most-integrated services available for individuals, especially those with disabilities; requires a plan to be developed by each state agency to promote integrated, community-based services; requires annual reports by state agencies of their efforts to provide integrated services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03265 Detail]
Download: New_York-2009-S03265-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3265
2009-2010 Regular Sessions
I N S E N A T E
March 13, 2009
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, in relation to enabling individuals
with disabilities to have the right to choose and receive services in
the most integrated setting appropriate for the needs of the individ-
ual and to ensure that state agencies promote such integration through
a plan and annual report
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The purposes of this act are:
2 (a) to empower individuals with disabilities, including the elderly,
3 to maximize employment, economic and social self sufficiency, independ-
4 ence, and inclusion and integration into society, through
5 (1) statewide systems, policies and regulations implemented in accord-
6 ance with Title II of the Americans with Disabilities Act that include,
7 as integral components, comprehensive and coordinated demonstration
8 projects;
9 (2) the guarantee of equal opportunity; and
10 (b) to ensure that the New York state government plays a leadership
11 role in promoting the integration of individuals with disabilities,
12 especially individuals with significant disabilities, into every aspect
13 of their communities and in assisting agencies and providers of services
14 in fulfilling the aspirations of such individuals with disabilities for
15 meaningful independent living.
16 S 2. The executive law is amended by adding a new section 296-b to
17 read as follows:
18 S 296-B. MOST INTEGRATED SERVICES. 1. DEFINITIONS. WHEN USED IN THIS
19 SECTION:
20 (A) THE TERM "INDIVIDUAL" INCLUDES A PERSON OF ANY AGE WHO PARTIC-
21 IPATES IN A STATE-FUNDED OR STATE-ADMINISTERED PROGRAM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08901-01-9
S. 3265 2
1 (B) THE TERM "COMMUNITY-BASED SETTING" INCLUDES A SETTING WHICH
2 PROVIDES THE OPPORTUNITY TO LIVE, SOCIALIZE, RECREATE, LEARN, AND WORK
3 IN AN ENVIRONMENT THAT DOES NOT SEGREGATE BASED ON DISABILITY. A COMMU-
4 NITY-BASED SETTING IS NOT A CONGREGATE INSTITUTION.
5 (C) THE TERM "INSTITUTIONALIZATION" INCLUDES SEGREGATION IN A CONGRE-
6 GATE LIVING FACILITY BASED ON DISABILITY OR SEGREGATED SERVICES BASED ON
7 DISABILITY.
8 (D) THE TERM "MOST INTEGRATED" SETTING INCLUDES A SETTING THAT ENABLES
9 PEOPLE WITH DISABILITIES TO RECEIVE SERVICES IN AN ENVIRONMENT THAT DOES
10 NOT SEGREGATE PEOPLE BASED ON DISABILITY. SEPARATE FACILITIES OR
11 SERVICES FOR PEOPLE WITH DISABILITIES SHALL OCCUR ONLY WHEN THE NATURE
12 OR SEVERITY OF THE DISABILITY IS SUCH THAT A PERSON CAN NOT BENEFIT FROM
13 COMMUNITY-BASED SERVICES EVEN WITH THE USE OF SUPPLEMENTARY AIDS AND
14 SERVICES.
15 (E) THE TERM "SERVICES" INCLUDES ANY STATE-SPONSORED PROGRAM OR
16 SUPPORT PROVIDED TO AN ELIGIBLE INDIVIDUAL.
17 2. MOST INTEGRATED SERVICES. AN INDIVIDUAL SHALL HAVE THE RIGHT TO
18 CHOOSE AND RECEIVE SERVICES INCLUDING BUT NOT LIMITED TO HOUSING, EDUCA-
19 TION, TRANSPORTATION, EMPLOYMENT, AND MEDICAL ASSISTANCE FROM A GOVERN-
20 MENTAL AGENCY OR A PROVIDER THAT CONTRACTS WITH A GOVERNMENT AGENCY IN
21 THE MOST INTEGRATED SETTING APPROPRIATE TO THE NEEDS OF THE INDIVIDUAL.
22 3. COMMUNITY-BASED SETTING. AN INDIVIDUAL SHALL HAVE A PRESUMPTIVE
23 RIGHT TO INTEGRATED, INDIVIDUALIZED SERVICES IN A COMMUNITY-BASED
24 SETTING AND THAT EVERYONE CAN BE PRESUMED TO BE CAPABLE OF BENEFITING
25 FROM THESE SERVICES.
26 4. STATE AGENCIES. EACH STATE AGENCY RESPONSIBLE FOR DELIVERING
27 SERVICES AND/OR WHO CONTRACTS WITH PROVIDERS TO DELIVER SERVICES MUST
28 DEVELOP AN ASSESSMENT THAT PRESUMES EACH INDIVIDUAL IS ABLE TO RECEIVE
29 SERVICES IN A COMMUNITY-BASED SETTING WITH APPROPRIATE, INDIVIDUALIZED
30 ACCOMMODATIONS. EACH STATE AGENCY MUST DETERMINE WHAT SERVICES ARE
31 NECESSARY TO ENABLE THE INDIVIDUAL TO LIVE IN THE COMMUNITY.
32 5. TRANSITIONS TO MOST INTEGRATED SETTING. (A) FOR PEOPLE WANTING TO
33 MOVE TO A MOST INTEGRATED SETTING:
34 (1) STATE AGENCIES SHOULD DEVELOP A PLAN TO TRANSITION THE INDIVIDUAL
35 FROM A COMMUNITY-BASED SETTING IN CONSULTATION WITH THE INDIVIDUAL
36 AND/OR THE INDIVIDUAL'S REPRESENTATIVE.
37 (2) THE PLAN SHALL SPECIFY
38 A. THE NECESSARY SERVICES AND SUPPORTS TO ENABLE THE PERSON TO RECEIVE
39 INTEGRATED, COMMUNITY-BASED SERVICES; AND
40 B. THE METHODS TO ACCESS THESE SERVICES; AND
41 C. WHICH AGENCIES AND/OR REPRESENTATIVES WILL BE RESPONSIBLE FOR
42 PROVIDING THESE COMMUNITY SERVICES AND SUPPORTS; AND
43 D. A TIMELINE TO COMPLETE THIS PLAN; AND
44 E. THE MEANS BY WHICH THE INDIVIDUAL MAY EXPRESS, AND SEEK A REMEDY
45 FOR, ANY DISSATISFACTION WITH THE PLAN OR THE IMPLEMENTATION OF THE
46 PLAN, INCLUDING THE PROCEDURES TO SEEK REVIEW BY THE STATE AGENCY.
47 (3) THE STATE AGENCY SHALL PROVIDE THE INDIVIDUAL, OR, AS APPROPRIATE,
48 THE INDIVIDUAL'S REPRESENTATIVE, WITH A COPY OF THIS PLAN, SUPPLEMENTED
49 AS NECESSARY BY OTHER APPROPRIATE MODES OF COMMUNICATION CONSISTENT WITH
50 THE INFORMED CHOICE OF THE INDIVIDUAL.
51 (B) FOR PEOPLE WANTING TO PREVENT PLACEMENT IN A MORE RESTRICTIVE
52 SETTING:
53 IN ORDER TO PLACE AN INDIVIDUAL IN A MORE RESTRICTIVE SETTING THAN THE
54 ONE IN WHICH THE INDIVIDUAL CURRENTLY RESIDES OR RECEIVES SERVICES, THE
55 STATE AGENCY MUST
S. 3265 3
1 (1) STATE THE SPECIFIC CIRCUMSTANCES WHY A MORE RESTRICTIVE PLACEMENT
2 IS NECESSARY;
3 (2) STATE THE STRATEGIES AND SUPPORTS THAT HAVE BEEN UTILIZED AND DID
4 NOT BENEFIT THE INDIVIDUAL;
5 (3) STATE THE DESIRED PLACEMENT AND PLAN TO ACHIEVE IT WITH AN EXPLA-
6 NATION OF WHY IT IS BELIEVED THE INDIVIDUAL WILL BENEFIT FROM THIS
7 RESTRICTIVE PLACEMENT;
8 (4) PROVIDE THE INDIVIDUAL WITH THE MEANS BY WHICH THE INDIVIDUAL MAY
9 EXPRESS, AND SEEK A REMEDY FOR, ANY DISSATISFACTION WITH THE RESTRICTIVE
10 PLACEMENT, INCLUDING THE PROCEDURES TO SEEK REVIEW BY THE STATE AGENCY.
11 6. ANNUAL REPORTS. ALL STATE AGENCIES AND DEPARTMENTS SHALL SUBMIT
12 ANNUAL REPORTS TO THE LEGISLATURE AND GOVERNOR WHICH DETAIL THEIR
13 EFFORTS TO PROVIDE SERVICES AND SUPPORTS IN A COMMUNITY-BASED SETTING
14 AND STATE HOW THE AGENCY HAS SOUGHT TO EXPAND OPPORTUNITIES FOR INTE-
15 GRATED COMMUNITY-BASED PARTICIPATION FOR INTEGRATED OPPORTUNITIES IN
16 SERVICE AND PROGRAM ADMINISTRATION.
17 7. SUBSTANTIAL AND ACTUAL PARTICIPATION. ALL STATE AGENCIES MUST
18 PROVIDE OPPORTUNITIES FOR SUBSTANTIAL AND ACTIVE PARTICIPATION BY PEOPLE
19 WITH DISABILITIES, ELDERLY PEOPLE AND PARENT ADVOCATES IN THE DEVELOP-
20 MENT OF REGULATIONS, POLICIES AND GUIDELINES CONCERNING THIS LAW. EACH
21 STATE AGENCY WILL PROMULGATE REGULATIONS DEFINING "SUBSTANTIAL AND
22 ACTIVE PARTICIPATION" THAT ARE CONSISTENT WITH THIS LAW. ALL STATE AGEN-
23 CIES AND DEPARTMENTS SHALL PROMULGATE RULES, REGULATIONS AND POLICIES
24 CONSISTENT WITH THIS STATUTE WITHIN ONE YEAR OF ENACTMENT.
25 S 3. This act shall take effect on the one hundred eightieth day after
26 it shall have become a law.
