STATE OF NEW YORK ________________________________________________________________________ 7896 IN SENATE January 3, 2024 ___________ Introduced by Sens. PARKER, ADDABBO, BAILEY, CLEARE, KENNEDY, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities AN ACT to amend the mental hygiene law, in relation to establishing a program of tiered eligibility for services offered by the office for people with developmental disabilities for persons with learning disa- bilities and other complex neurological impairments 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 41.59 to read as follows: 3 § 41.59 Tiered services eligibility. 4 1. Legislative findings and purpose. The legislature hereby finds that 5 individuals with learning disabilities and other complex neurological 6 impairments are often not provided essential support and habilitative 7 services due to the lack of established office for people with develop- 8 mental disabilities' eligibility protocols. This includes individuals 9 with learning disabilities, high functioning autism spectrum disorders, 10 such as Asperger's Syndrome, and a number of other complex neurological- 11 ly based cognitive disabilities. Unfortunately, these individuals are 12 then left to navigate their lives and the challenges of their disabili- 13 ties with minimal or no assistance. As a result, such individuals often 14 lead lives of great difficulty and vulnerability that may include, but 15 are not limited to, extended periods of incarceration, lifelong depend- 16 ence on public assistance, substance abuse, and victimization, coupled 17 with many other negative and costly outcomes. In response to this grow- 18 ing problem, the legislature hereby directs the commissioner of develop- 19 mental disabilities to develop and implement a program of tiered eligi- 20 bility for office for people with developmental disabilities' services 21 for persons with learning disabilities and other complex neurological 22 impairments. This tiered service-delivery model would allow services to 23 be targeted and based on an individual's specific needs, which for some 24 may be more intensive and for others relatively minimal. This model will 25 also facilitate rapid response to addressing problems encountered by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07773-01-3S. 7896 2 1 individuals in crisis. Providing services that are truly needed will be 2 more cost effective and a more sensible option than the current eligi- 3 bility process utilized by the office for people with developmental 4 disabilities. 5 2. When used in this article, unless otherwise expressly stated or 6 unless the context otherwise requires: 7 (a) "learning disability" means a disorder in one or more of the basic 8 psychological processes involved in understanding or in using spoken or 9 written language, which may manifest itself in an imperfect ability to 10 listen, think, speak, read, write, spell or to do mathematical calcu- 11 lations. This includes such conditions as perceptual disabilities, mini- 12 mal brain dysfunction, dyslexia, dysgraphia, dyscalculia, dyspraxia, and 13 developmental aphasia; 14 (b) "complex neurological impairment" means autism spectrum disorder, 15 such as Asperger's Syndrome, or other cognitive disabilities of a simi- 16 lar nature and resulting in similar needs by affected individuals; 17 (c) "intensive service navigation" means a service whose primary func- 18 tion is to connect persons with learning disabilities and/or other 19 complex neurological impairments to appropriate services and supports. 20 Intensive service navigation coordinates all services for a person with 21 a learning disability or other complex neurological impairment includ- 22 ing, but not limited to, mental health services, parenting classes, 23 support groups, recreational activities, vocational services, and educa- 24 tional transitional planning and all basic needs of the individual. The 25 services of the intensive service navigator are time limited and 26 oriented to short term crisis intervention. 27 3. Notwithstanding any inconsistent provisions of this chapter or any 28 other state law, the commissioner of developmental disabilities shall 29 establish a program of tiered eligibility for services offered by the 30 office for people with developmental disabilities for persons with 31 learning disabilities and other complex neurological impairments. Such 32 program shall contain the following elements: 33 (a) when an individual presents to a service provider seeking support 34 services, the service provider shall determine if the individual is 35 presenting with a learning disability or other complex neurological 36 impairment. If the service provider determines that the individual is a 37 person with an apparent learning disability or other complex neurologi- 38 cal impairment, and that such individual requires immediate service in 39 order to protect and promote the individual's health and safety, or that 40 the individual otherwise faces a crisis situation that can be helped by 41 service and assistance, the service provider may implement the tiered 42 services eligibility program; 43 (b) tier one of the tiered services eligibility program will consist 44 of the immediate provision of intensive service navigation. This 45 provision of services will be provided for up to six months in duration. 46 The service may end anytime prior to the end of the six-month period if 47 the individual and service provider agree that no further service or 48 intervention is required. If the individual and service provider agree 49 at the end of the six month period that the need for services persists 50 and more intervention is required, the individual will move into tier 51 two; 52 (c) tier two of the tiered services eligibility program will be 53 provided for up to an additional six-month period and provide: 54 (1) continuation and intensification of the intensive service 55 navigator's efforts to stabilize the individual's crisis situation;S. 7896 3 1 (2) a process potentially leading to full eligibility for office for 2 people with developmental disabilities' services. As part of this proc- 3 ess, the intensive service navigator will conduct an assessment of the 4 individual's adaptive behavior levels, conduct an assessment of an indi- 5 vidual's ability to effectively learn and put into practice new adaptive 6 skills, and generally prepare the individual for the eligibility proc- 7 ess; 8 (d) if during tier two, the individual learns new skills and the 9 crisis subsides, the individual and service provider can agree that 10 services be terminated prior to the conclusion of this tier; and 11 (e) if the intensive service navigator and individual agree that the 12 individual would benefit from on-going service and support, the inten- 13 sive service navigator will assist the individual in applying to the 14 office for people with developmental disabilities for a full eligibility 15 determination. 16 4. The commissioner of developmental disabilities shall, in consulta- 17 tion with experienced service providers, develop a reimbursement method- 18 ology for intensive service navigation as described in this section. 19 Such reimbursement shall cover the service provider's reasonable costs 20 for providing this service and be paid to the service providers as part 21 of the usual and customary cost reimbursement process. 22 5. In developing this program, the commissioner of developmental disa- 23 bilities shall consult with a statewide association specifically repres- 24 enting individuals with learning disabilities and related services 25 providers. 26 § 2. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law. Effective immediately the addition, amend- 28 ment and/or repeal of any rule or regulation necessary for the implemen- 29 tation of this act on its effective date are authorized to be made and 30 completed on or before such date.