ARTICLE 25
MOST INTEGRATED SETTING COORDINATING COUNCIL
Section 700. Legislative findings and intent.
701. Definitions.
702. Most integrated setting coordinating council; organization.
703. Functions, powers and duties of the council.
§ 700. Legislative findings and intent. The Americans with
Disabilities Act requires New York state to ensure that people of all
ages with disabilities reside and function in the most integrated
setting possible. This requirement was recognized and upheld by the
Supreme Court in the case of Olmstead, Commissioner, Georgia Department
of Human Resources, et al. v. L.C., by zimring, guardian ad litem and
next friend, et al. (138 F. 3d 893). While New York state provides
community supports for people of all ages with disabilities and while
the state of New York does operate a home and community-based waiver
medicaid program, the legislature hereby finds that New York state has
no centralized mechanism in place to determine whether or not people of
all ages with disabilities are residing in the most integrated setting
possible. In order to ensure that the state of New York is in compliance
with the requirements of the Olmstead decision, the legislature hereby
finds that it is incumbent upon New York state to develop and implement
a plan to reasonably accommodate the desire of people of all ages with
disabilities to avoid institutionalization and be appropriately placed
in the most integrated setting possible.
§ 701. Definitions. As used in this article the following terms shall
mean:
1. "council" means the most integrated setting coordinating council.
2. "disability" means, with respect to an individual:
(a) a physical or mental impairment that substantially limits one or
more of the major life activities of such individual;
(b) a record of such an impairment; or
(c) being regarded as having such an impairment.
3. "most integrated setting" means a setting that is appropriate to
the needs of the individual with the disability and enables that
individual to interact with nondisabled persons to the fullest extent
possible.
§ 702. Most integrated setting coordinating council; organization. 1.
The most integrated setting coordinating council is hereby created
within the executive department to have and exercise the functions,
powers and duties provided by the provisions of this article and any
other provision of law. The council shall be comprised of the
commissioners of: the department of health, the office of mental
retardation and developmental disabilities, the office of mental health,
the department of transportation, the office of children and family
services, the office of alcohol and substance abuse services, the
department of education, and the division of housing and community
renewal. In addition, the council shall consist of the director of the
office for the aging, a representative from the office of the advocate
for persons with disabilities, a representative from the commission on
quality of care for the mentally disabled, three consumers of services
for individuals with disabilities, one to be appointed by the governor,
one to be appointed by the temporary president of the senate, and one to
be appointed by the speaker of the assembly, three individuals with
expertise in the field of community services for people of all ages with
disabilities, one to be appointed by the governor, one to be appointed
by the temporary president of the senate, and one to be appointed by the
speaker of the assembly, and three individuals with expertise in or
recipients of services available to senior citizens with disabilities,
one to be appointed by the governor, one to be appointed by the
temporary president of the senate, and one to be appointed by the
speaker of the assembly.
2. The commissioners of the department of health, the office of mental
health, the office of mental retardation and developmental disabilities,
and the director of the office for the aging shall rotate as chairperson
of the council on a quarterly basis.
3. The council shall meet as necessary to carry out its functions,
powers and duties, but such meetings shall occur at least once each
quarter.
§ 703. Functions, powers and duties of the council. 1. The council
shall develop and oversee the implementation of a comprehensive
statewide plan for providing services to individuals of all ages with
disabilities in the most integrated setting. Such plan shall be
completed within one year of the effective date of this article. Such
plan shall include, but not be limited to
(a) the number of individuals of all ages with disabilities who are
currently institutionalized and are eligible for services in
community-based settings, the number of individuals residing in the
community who are dependent on the assistance of community-based
services to avoid institutionalization and any improvements necessary to
be made to current data collection systems or any new data collection
initiatives necessary to obtain such information;
(b) the current assessment procedures utilized to identify individuals
of all ages with disabilities who could benefit from services in a more
integrated setting and the development of a single assessment process
for individuals of all ages with disabilities in need of services, to be
implemented by one community-based agency in each county with expertise
in community-based services for people of all ages with disabilities
through the use of a uniform assessment tool;
(c) the identification of what community-based services are available
to individuals of all ages with disabilities in the state of New York
and an assessment of the extent to which these programs are able to
serve people in the most integrated settings;
(d) the identification of what improvements need to be made to the
system of community-based services to ensure that the system is
comprehensive, accessible, meets the needs of persons who are likely to
require assistance in order to live in the community and provides high
quality, adequate supports for individuals of all ages with
disabilities;
(e) an evaluation of the supports and services available to assist
individuals of all ages with disabilities who reside in their own homes
with the presence of other family members or other informal caregivers
and an evaluation of the supports and services available to address the
needs of individuals of all ages with disabilities who reside in their
own homes without family members or other informal caregivers;
(f) an examination of how the identified community-based supports and
services integrate individuals of all ages with disabilities into the
community;
(g) a review of what funding sources are available to increase the
availability of community-based services and an analysis of how the
varied funding sources available to meet the needs of individuals of all
ages with disabilities in the most integrated setting can be organized
into a coherent system of long term care which affords people reasonable
and timely access to community-based services;
(h) an assessment of how well the current service system works for
different populations, including but not limited to, elderly people with
disabilities, people with physical disabilities, people with
developmental disabilities, people with mental illness, and people with
HIV and AIDS, and a review of changes that might be desirable to make
services a reality in the most integrated setting for all populations;
(i) an examination of waiting lists for community-based services and
what might be done to ensure that waiting lists are created and
accurately maintained and that people are able to come off waiting lists
and receive needed community-based services at a reasonable pace;
(j) an examination of what information, education, outreach and
referral systems might be useful to ensure that individuals of all ages
with disabilities receive the information necessary to make informed
choices regarding how their needs can best be met, including the
evaluation of the creation of a toll free hotline with information on
community-based services for individuals of all ages with disabilities;
(k) an evaluation of how quality assurance and quality improvement can
be conducted effectively as more people of all ages with disabilities
live in community settings; and
(l) an examination of how the overall system of health and long term
care can best be managed so that placement in the most integrated
setting becomes the norm.
2. The council shall contract with an independent organization with
expertise in the provision of community-based services for individuals
of all ages with disabilities and with expertise in the area of program
evaluation research to conduct an evaluation of the council's plan
created pursuant to subdivision one of this section and the
implementation of such plan. Such evaluation shall be completed three
years after the effective date of this article.
3. Each commissioner and director serving on the council shall ensure
that his or her agency implements every aspect of the plan developed
pursuant to subdivision one of this section which falls under the
responsibilities of his or her agency. The council shall oversee the
implementation of the plan created pursuant to subdivision one of this
section and shall update such plan as necessary to ensure that waiting
lists for community-based services for people of all ages with
disabilities are moving at a reasonable pace and to ensure that the
state of New York is developing a system of long term care that allows
individuals of all ages with disabilities to reside and function in the
most integrated setting.
4. The council shall provide a report to the governor, the temporary
president of the senate and the speaker of the assembly one year after
the effective date of this article and annually thereafter. Such report
shall detail the plan developed pursuant to subdivision one of this
section, any changes made to such plan, all steps taken to
implement such plan and their outcome, and any future actions planned.
5. The plan to be developed under this article shall not be construed
to increase, decrease, or change the statutory authority of any person
or entity and shall be implemented consistent with all otherwise
applicable law.
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