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A09523 Summary:

BILL NOA09523
 
SAME ASSAME AS S03105-A
 
SPONSORSeawright
 
COSPNSRAnderson, Zinerman
 
MLTSPNSR
 
 
Requires the office for people with developmental disabilities to produce and publish a report to assess the staffing and other issues causing the continued displacement of individuals with developmental disabilities from various state-operated institutions under the jurisdiction of the office for people with developmental disabilities.
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A09523 Actions:

BILL NOA09523
 
03/20/2024referred to people with disabilities
05/16/2024reported referred to ways and means
06/07/2024reported referred to rules
06/07/2024reported
06/07/2024rules report cal.629
06/07/2024substituted by s3105a
 S03105 AMEND=A MANNION
 01/27/2023REFERRED TO DISABILITIES
 03/27/20231ST REPORT CAL.568
 03/28/20232ND REPORT CAL.
 03/29/2023ADVANCED TO THIRD READING
 04/19/2023PASSED SENATE
 04/19/2023DELIVERED TO ASSEMBLY
 04/20/2023referred to ways and means
 01/03/2024died in assembly
 01/03/2024returned to senate
 01/03/2024REFERRED TO DISABILITIES
 03/13/2024AMEND AND RECOMMIT TO DISABILITIES
 03/13/2024PRINT NUMBER 3105A
 05/13/20241ST REPORT CAL.1011
 05/14/20242ND REPORT CAL.
 05/15/2024ADVANCED TO THIRD READING
 05/28/2024PASSED SENATE
 05/28/2024DELIVERED TO ASSEMBLY
 05/28/2024referred to ways and means
 06/07/2024substituted for a9523
 06/07/2024ordered to third reading rules cal.629
 06/07/2024passed assembly
 06/07/2024returned to senate
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A09523 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9523
 
SPONSOR: Seawright
  TITLE OF BILL: An act relating to assessing the staffing and other issues causing the continued displacement of individuals with developmental disabilities from various state-operated institutions under the jurisdiction of the office for people with developmental disabilities   PURPOSE OR GENERAL IDEA OF BILL:: The purpose of this bill is to assess and remedy any issues, including staffing, that relates to the displacement of individuals with a devel- opmental disability.   SUMMARY OF PROVISIONS:: Section 1 of this bill would declare the legislative intent and would require the Commissioner of the Office for People with Developmental Disabilities to submit a report detailing the number and nature of state-operated residential facilities serving individuals with develop- mental disabilities, an official record of staff delivering services and the hiring of new staff at these residential facilities. Section 2 of this bill would require that such report include the total number of full-time equivalent staff by position or title for the office for people with developmental disabilities, the 2022-2023 fiscal year full-time equivalent budgeted staffing level by position or title for the office for people with developmental disabilities, the number of full-time equivalent staff that separated from service between April 1, 2022 and December 1, 2022, the number of staff hired from April 1, 2022 to December 1, 2022, and the number of unfilled and vacant positions as of December 1, 2022 at each state-operated facility. The report shall also include the number of full-time equivalent staff, the steps taken by OPWDD to recruit staff for new and vacant positions, a list of state- operated residential facilities detailing which facilities are owned or leased, and the number of eligible clients with developmental disabili- ties currently on a waiting list to receive care. Section 3 of this bill would require that the report be posted for public inspection on OPWDD's website. Section 4 of this bill provides that the effective date shall take effect immediately.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION:: The state of New York has embarked on a long-term effort to reduce staffing at all of its agencies. This impacts the availability and continuity of services for New Yorkers with intellectual and develop- mental disabilities, as well as other vulnerable populations. The reduction in staff is directly attributable to the imposition of "bare bones" budgeting at all of the state agencies that has been in place for years. This budgeting approach left the state ill-prepared to maintain the continuity of quality and safe service delivery, especially for New Yorkers located in congregate settings. As we have seen from the state's response to the COVID-19 pandemic, the public interest is best served by high-capacity state agencies that render needed services and which are staffed by talented, dedicated and professional public servants hired pursuant to the state's rigorous civil service system. It is clear that the State of New York needs to learn several lessons from this experi- ence. New York needs to develop greater capacity to deliver needed services and to address potential disasters and emergencies in a timely, effective, efficient, and cost-effective manner. This bill will help to improve quality of care by requiring reports to be provided to the legislature on staffing data and service needs both regionally and statewide. It will also help increase transparency and promote discussion among the stakeholders related to the suspension or reduction of services by requiring a report to the legislature prior to any closure or reduction of service.   PRIOR LEGISLATIVE HISTORY:: Click here to enter text.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:: To be determined.   EFFECTIVE DATE:: This act shall take effect immediately.
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A09523 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9523
 
                   IN ASSEMBLY
 
                                     March 20, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on People with Disabilities
 
        AN ACT relating to assessing the staffing and other issues  causing  the
          continued  displacement of individuals with developmental disabilities
          from various state-operated institutions under the jurisdiction of the
          office for people with developmental disabilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature finds and declares that
     2  the  continued  displacement  of individuals with disabilities caused by
     3  the closure or suspension of services at various  state-operated  insti-
     4  tutions  due to staffing and other issues must be assessed and remedied.
     5  The legislature further finds that in  order  to  assess  these  ongoing
     6  staffing issues, the commissioner of the office for people with develop-
     7  mental disabilities shall submit a report to the governor, the temporary
     8  president  of  the  senate, and the speaker of the assembly on or before
     9  December 31, 2024 detailing the  number  and  nature  of  state-operated
    10  residential  facilities serving individuals with developmental disabili-
    11  ties, a census of staff delivering services at state-operated facilities
    12  to individuals with developmental disabilities and  the  hiring  of  new
    13  staff at state-operated residential facilities.
    14    §  2.  Such report shall include, but not be limited to, the following
    15  information:
    16    1. the total number of full-time equivalent staff by position or title
    17  for the office for people with developmental disabilities as of April 1,
    18  2024;
    19    2. the 2024-2025 fiscal year full-time  equivalent  budgeted  staffing
    20  level  by position or title for the office for people with developmental
    21  disabilities as of April 1, 2024;
    22    3. the number  of  full-time  equivalent  staff  that  separated  from
    23  service  between  April 1, 2024 and December 1, 2024, including a break-
    24  down of each staff member's job title and job location;
    25    4. the number of staff hired from April 1, 2024 to December  1,  2024,
    26  including a breakdown of each staff member's job title and job location;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05300-03-4

        A. 9523                             2
 
     1    5.  the number of unfilled and vacant positions as of December 1, 2024
     2  at each state-operated facility;
     3    6. the number of full-time equivalent staff as of December 1, 2024;
     4    7.  the  steps taken by the office for people with developmental disa-
     5  bilities to recruit staff for new and vacant positions;
     6    8. a list of state-operated residential  facilities  operated  by  the
     7  office for people with developmental disabilities detailing which facil-
     8  ities  are  owned  or  leased, and the lease end date, if any. Such list
     9  shall include whether such facilities are  operational,  have  suspended
    10  services  or have been closed and the proposed date at which any facili-
    11  ties that have suspended services or have been closed are  projected  to
    12  be re-opened to serve individuals with developmental disabilities;
    13    9.  the  number  of  eligible  clients with developmental disabilities
    14  currently on a waiting list to receive care; and
    15    10. any other information the commissioner of the  office  for  people
    16  with  developmental disabilities deems necessary and appropriate for the
    17  legislature to assess the ability of the office for people with develop-
    18  mental disabilities to  deliver  needed  services  to  individuals  with
    19  developmental  disabilities  or to reduce the number of individuals with
    20  developmental disabilities awaiting placement for services in  a  state-
    21  operated residential facility.
    22    §  3.  Such report shall be posted for public inspection on the office
    23  for people with developmental disabilities' website.
    24    § 4. This act shall take effect immediately.
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