New York S 4868: Requires the office for people with developmental disabilities to develop and maintain a community residence opportunities waitlist

Bill Text

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S04868 Summary:

BILL NOS04868 

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SAME ASNo Same As

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SPONSORFAHY

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COSPNSR

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MLTSPNSR

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Add §16.15, Ment Hyg L

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Requires the office for people with developmental disabilities to develop and maintain a community residence opportunities waitlist which includes the names and contact information of all individuals seeking placement in a community residence.

Go to top S04868 Actions:

BILL NOS04868 

&nbsp

02/13/2025REFERRED TO DISABILITIES

01/07/2026REFERRED TO DISABILITIES

Go to topS04868 Committee&nbspVotes:

Go to topS04868 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04868 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4868

 2025-2026 Regular Sessions

 IN SENATE

 February 13, 2025
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Disabilities

 AN ACT to amend the mental hygiene law, in relation to requiring the
 office for people with developmental disabilities to develop and main-
 tain a community residence opportunities waitlist

 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 16.15 to read as follows:
 3 § 16.15 Community residence opportunities waitlist and placement report.
 4 (a) The office shall develop and maintain a community residence oppor-
 5 tunities waitlist, hereinafter referred to as the CROW, which includes
 6 the names and contact information of all individuals seeking placement
 7 in a community residence as defined in subdivision twenty-eight of
 8 section 1.03 of this chapter, who have been determined by the office to
 9 require a level of supervision provided in a community residence and
 10 have been enrolled or are eligible to be enrolled in the home and commu-
 11 nity-based services waiver for persons with developmental disabilities.
 12 Enrollment in the CROW shall be without regard to the nature, type or
 13 urgency of need of the individual seeking enrollment in the CROW. A CROW
 14 placement report containing information about individuals who are
 15 actively looking for housing and who have been determined by the office
 16 to be in need of certified residential opportunity shall be distributed
 17 at least monthly and upon request to providers of services as defined in
 18 subdivision five of section 1.03 of this chapter.
 19 (b) A provider of services that has vacancies in one or more of its
 20 supervised living facilities as defined in subdivision twenty-eight-a of
 21 section 1.03 of this chapter may review the individuals listed in the
 22 CROW placement report to identify an individual which the provider deems
 23 appropriate for placement in the vacancy in its supervised living facil-
 24 ity.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09537-01-5

 S. 4868 2

 1 (c) If a provider identifies an individual on the CROW placement
 2 report who the provider, following a person-centered planning process,
 3 deems appropriate for placement in one of its supervised living facili-
 4 ties, the provider may accept such person for placement in the community
 5 residence facility and shall notify the office in writing of such
 6 acceptance. Such individual shall be deemed accepted and enrolled in
 7 such program for all purposes including eligibility for reimbursement
 8 for the provision of residential habilitation services under the New
 9 York state medicaid program, including under the home and community
 10 based services waiver program pursuant to subsection (c) of section one
 11 thousand nine hundred fifteen of the federal social security act and
 12 eligibility for payment or reimbursement of all other funding provided
 13 for operation of a community residence.
 14 (d) (1) If the office receives an application for enrollment in the
 15 CROW, the office shall act on such application within thirty days of
 16 receipt. If an individual who has applied for enrollment in the CROW is
 17 denied enrollment, such individual may appeal such denial to the commis-
 18 sioner within thirty days of receipt of notification