Requires the office for people with developmental disabilities to issue a residential request list and placement report to the governor, the senate and the assembly.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3556A
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to issue a residential
request list and placement report to the governor and the legislature
PURPOSE:
The purpose of this bill is to require the Office for People With Devel-
opmental Disabilities (OPWDD) to submit a comprehensive report to the
Governor and Legislature detailing the current residential request list
and placement needs of individuals with developmental disabilities
across New York State.
SUMMARY OF PROVISIONS:
Section one of the bill adds a new section 13.28 to the mental hygiene
law requiring OPWDD to issue, within eighteen months of enactment, a
report that includes:
1.The total number of individuals on the residential request list,
including a regional breakdown by Developmental Disabilities Services
Office (DDS0);
2.The number of individuals awaiting placement in certified residential
settings, categorized by:
a. Length of time on the waitlist
b. Type of placement sought (including certified out-of-home, super-
vised, and supportive settings)
c. Individuals who are medically frail and require intensive medical
care;
3.The number of individuals expected to require home and community-based
waiver-funded habilitation services while residing at home;
4.The number of individuals currently placed in residential programs who
are seeking alternative placements, including:
a. Demographic information such as age
b. The number of children expected to age out of residential placements
within one year and plans for adult placement continuity;
5.The number of individuals requesting alternative placements within the
preceding twelve months, including categorical descriptions of reasons
and any actions taken or planned;
6.Any additional information deemed necessary by the commissioner.
Section two provides the effective date.
JUSTIFICATION:
New York State lacks a clear, publicly available, and standardized
accounting of the number of individuals with developmental disabilities
who are awaiting residential placement or seeking changes in their
current living arrangements. While the Office for People With Develop-
mental Disabilities maintains internal data, this information is not
consistently reported in a way that provides transparency to policymak-
ers, families, and advocates.
This bill establishes a clear statutory requirement for comprehensive
reporting, ensuring that the Governor and Legislature have access to
timely, detailed, and actionable data. By requiring breakdowns by
geography, level of need, and duration on the waitlist, the report will
support more effective planning, oversight, and resource allocation.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect 90 days succeeding enactment.
STATE OF NEW YORK
________________________________________________________________________
3556--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. SANTABARBARA, SHIMSKY, MANKTELOW, HEVESI, DeSTE-
FANO, SAYEGH -- read once and referred to the Committee on People with
Disabilities -- recommitted to the Committee on People with Disabili-
ties in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to issue a residen-
tial request list and placement report to the governor and the legis-
lature
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 13.28 to read as follows:
3 § 13.28 Office for people with developmental disabilities; residential
4 request list and placement report.
5 (a) The office shall issue a report to the governor, the speaker of
6 the assembly, and the temporary president of the senate, within eighteen
7 months of the effective date of this section, setting forth the number
8 of individuals with developmental disabilities who are on the residen-
9 tial request list seeking placement. The residential request report
10 shall include:
11 1. the statewide number of individuals awaiting placement broken down
12 into the total number of individuals from within each developmental
13 disability services office's geographic area;
14 2. the number of individuals awaiting placement in any certified resi-
15 dential setting categorized by the length of time such individuals have
16 been awaiting placement, and divided into certified out-of-home, super-
17 vised, supportive placement and the number of such persons who are
18 medically frail requiring intensive medical care; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05605-02-6
A. 3556--A 2
1 3. the number of individuals expected to require home and community
2 based services waiver-funded habilitation services at-home.
3 (b) The commissioner shall issue a report summarizing the number of
4 individuals who are currently placed in a residential program and who
5 are awaiting an alternative placement. These individuals shall be
6 divided according to:
7 1. the number and age of such individuals;
8 2. the number of children in residential placements expected to age
9 out of such placements within a year and plans for continuing their
10 placements as adults;
11 3. the number of individuals who have asked for an alternative place-
12 ment, either themselves or through their parent or guardian acting on
13 their behalf, over the twelve month period preceding the date of release
14 of the report, with categorical descriptions of the reasons for such
15 results and any actions taken or planned to remedy such situation; and
16 4. any other information deemed necessary by the commissioner.
17 § 2. This act shall take effect on the ninetieth day after it shall
18 have become a law.
