New York 2003 | advancingstates.org

New York 2003

<H3>New York</H3>   <H4>Task Force</H4> The state of New York has an Olmstead-related task force established through 2002 legislation. On Sept. 17, 2002, Governor Pataki signed Assembly Bill 9913-B into law to establish a Most Integrated Setting Council in the state of New York. The Most Integrated Setting Council will 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 within one year of the effective date of this bill. The Most Integrated Council is to contract with an independent organization with expertise in the provision of community-based services for individuals with disabilities, as well as an expertise in program evaluation research in order to conduct an evaluation of the council's plan. This evaluation is to be completed three years after the effective date of the bill. The council is to provide a report to the governor, the temporary president of the Senate and the speaker of the Assembly one year after the effective date and annually thereafter. Such report shall detail the plan developed, any changes made to such plan, all steps taken to implement the plan and their outcome, and any future actions planned.   <H4>Implementation </H4> Successes There was momentum in the House and Senate during the 2002 legislative session to create a task force for Olmstead compliance. The passing of Assembly Bill A.9913-B through the Assembly and Senate is the most significant success to date. Funding No funding is mandated by A.9913-B. However, the bill requires the state to review existing funding sources in an effort to increase the availability of community-based services and to conduct an analysis of how these varied funding streams can be organized into a coherent system of long-term care. The measure also mandates the development of a single assessment process, implemented by one community-based agency, through the use of a uniform assessment tool. Lawsuits There are no current lawsuits in the state related to the Olmstead decision. Next Steps The New York State Department of Health was awarded a $1.385 million Real Choice Systems Change Grant in 2002 by the Centers for Medicare and Medicaid Services (CMS).