S 4873: Requires the commissioner of the office for people with developmental disabilities to work with an independent firm to allow such firm to conduct a study on the OPWDD eligibility criteria and determinations following diagnostic evaluations by a licensed professional and distribution of services.

  
  STATE OF NEW YORK ________________________________________________________________________ 4873 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 in relation to requiring the commissioner of the office for people with developmental disabilities to work with an independent firm to allow such firm to conduct a study on the number of New York state residents in need of disability services and the office for people with developmental disabilities' eligibility criteria and determinations following diagnostic evaluations by a licensed profes- sional and distribution of services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. 1. The commissioner of the office for people with develop- 2 mental disabilities shall work with an independent firm to allow such 3 firm to conduct a comprehensive study analyzing the office for people 4 with developmental disabilities, the number of New York state residents 5 in need of disability services and the effectiveness of using the adap- 6 tive behavior assessment system to determine eligibility for services 7 and submit a report to the speaker of the assembly, the minority leader 8 of the assembly, the temporary president of the senate, the minority 9 leader of the senate and the governor's office of employee relations, 10 and make publicly available on the office's website no later than one 11 year after the effective date of this section. 12 2. (a) Such report shall include, but not be limited to: 13 (i) the number of persons with a developmental disability in New York 14 state who qualified for services through the office for people with 15 developmental disabilities within the last five years; 16 (ii) the number of persons with a developmental disability who have 17 applied for services and were deemed ineligible through the office for 18 people with developmental disabilities within the last five years; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06705-01-5 
 S. 4873 2 1 (iii) the number of persons with a developmental disability for whom 2 the adaptive behavior assessment system determined their eligibility for 3 services within the last five years; 4 (iv) the number of persons with a developmental disability for whom 5 the adaptive behavior assessment system determined their ineligibility 6 for services from the office for people with developmental disabilities 7 due to scoring above the threshold of eligibility within the last five 8 years and who completed the office for people with developmental disa- 9 bilities' appeal process after being deemed ineligible; 10 (v) the number of persons with a developmental disability who appealed 11 their ineligibility determination and ultimately received services from 12 the office for people with developmental disabilities; 13 (vi) an analysis of eligibility requirements, services determination 14 process, and any other processes deemed necessary for review within the 15 scope of such report; and 16 (vii) recommendations based on the findings from the report as to 17 whether the state can take additional action to ensure those in need of 18 services provided by the office for people with developmental disabili- 19 ties are deemed eligible. 20 (b) The independent firm shall separate their findings in such report 21 regionally to assist in targeting the areas that are most underserved. 22 3. For the purposes of this section, the independent firm may conduct 23 such study in conjunction with any other department, division, board, 24 bureau, commission, agency, or public authority of the state deemed 25 necessary. To the maximum extent feasible, the commissioner of the 26 office for people with developmental disabilities shall be authorized to 27 request, receive, and utilize such resources and data of any other 28 department, division, board, bureau, commission, agency, or public 29 authority of the state as such commissioner may reasonably request to 30 properly carry out their powers and duties pursuant to this section. 31 4. The commissioner of the office for people with developmental disa- 32 bilities shall promulgate rules and regulations as may be necessary to 33 effectuate the provisions of this section. 34 § 2. This act shall take effect immediately.