Requires that applications submitted by individuals with developmental disabilities for eligibility determinations and service authorizations be processed in a timely manner; requires the office of mental health to provide a report regarding such applications.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9920
SPONSOR: Abinanti TITLE OF BILL:
An act to amend the mental hygiene law, in relation to requiring that
applications submitted by individuals with developmental disabilities
for eligibility determinations and service authorizations be processed
in a timely manner
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would ensure that applications for determined eligibil-
ity and service authorizations are processed in an effective and timely
manner.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends mental hygiene law section 13.07 by adding
a new subdivision (c-1) to provide that the office for people with
developmental disabilities must process applications for determining
eligibility and service authorizations in a timely manner. An exception
can be made if the application is unclear, requires further information,
or there is a reasonable basis to believe that the application was
submitted fraudulently. The office is required to process such an appli-
cation within one hundred twenty days after receiving the application
via the internet or electronic mail.
If an application is not reasonably clear or lacks information, the
office must notify the applicant in writing within thirty days of
receiving that application to request the additional information needed
and process it within sixty days.
The office is required to report, on a quarterly basis, the number and
type of applications received, the number of applications approved, the
average timeframe for approval, the number of pending applications, and
the applications that were disapproved or rejected, and the reasons for
such disapproval or rejection. This report must be posted and made
available on the office's website.
Section 2 is the effective date.
JUSTIFICATION:
In 2020, over 120,000 people received OPWDD Medicaid services and
supports. This represents an increase of approximately 13% from 2014.
With the increased demand for services, it is necessary that individuals
are still provided assistance in an acceptable timeframe. The services
that OPWDD provides are necessary for individuals with intellectual and
developmental disabilities to achieve a high quality of life. Due to the
important nature of these services, this legislation will ensure a
system of accountability is in place and prevent unnecessary delays in
eligibility. determinations and service authorizations from OPWDD.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take on the one hundred eightieth day after, it shall
become law.
STATE OF NEW YORK
________________________________________________________________________
9920
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring that
applications submitted by individuals with developmental disabilities
for eligibility determinations and service authorizations be processed
in a timely manner
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13.07 of the mental hygiene law is amended by
2 adding a new subdivision (c-1) to read as follows:
3 (c-1) 1. In carrying out the responsibilities identified in subdivi-
4 sion (c) of this section, the office shall ensure that applications for
5 eligibility determinations and service authorizations are processed in a
6 timely manner. Specifically, except in a case where the application is
7 not reasonably clear, omits required information, or when there is a
8 reasonable basis supported by specific information available for review
9 by the office that such application was submitted fraudulently, the
10 office shall complete processing of the application within one hundred
11 twenty days of receipt of such application transmitted via the internet
12 or electronic mail.
13 2. In the case where the application is not reasonably clear or lacks
14 required information, the office shall notify the applicant in writing
15 within thirty calendar days of the receipt of such application to
16 request all additional information needed to process such application.
17 3. Upon receipt of the information requested in paragraph two of this
18 subdivision, the office shall complete processing of the application
19 within sixty days.
20 4. The office shall report on a quarterly basis to the developmental
21 disabilities advisory council, the governor, the chair of the senate
22 disabilities committee and the chair of the assembly disabilities
23 committee for both eligibility and service authorization applications
24 (i) the number and type of applications received, including by geograph-
25 ic region and/or county and the age or age-range of applicants, (ii) the
26 number of each type of application approved, (iii) the average timeframe
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14196-01-2
A. 9920 2
1 for approval from receipt to final approval for each type of applica-
2 tion, (iv) the number of each type of application pending, and (v) the
3 number of each type of application disapproved or rejected and the
4 grounds for such disapproval or rejection. Such report shall be posted
5 and made available by the office on its website.
6 § 2. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law.
