§ 703 — Functions, powers and duties of the council

New York § 703

• Jurisdiction: New York
• Law EXC: Executive
• Art. 25: Most Integrated Setting Coordinating Council

Text

§ 703. Functions, powers and duties of the council. 1. The council\nshall develop and oversee the implementation of a comprehensive\nstatewide plan for providing services to individuals of all ages with\ndisabilities in the most integrated setting. Such plan shall be\ncompleted within one year of the effective date of this article. Such\nplan shall include, but not be limited to\n (a) the number of individuals of all ages with disabilities who are\ncurrently institutionalized and are eligible for services in\ncommunity-based settings, the number of individuals residing in the\ncommunity who are dependent on the assistance of community-based\nservices to avoid institutionalization and any improvements necessary to\nbe made to current data collection systems or any new data collection\ninitiatives necessary to obtain such information;\n (b) the current assessment procedures utilized to identify individuals\nof all ages with disabilities who could benefit from services in a more\nintegrated setting and the development of a single assessment process\nfor individuals of all ages with disabilities in need of services, to be\nimplemented by one community-based agency in each county with expertise\nin community-based services for people of all ages with disabilities\nthrough the use of a uniform assessment tool;\n (c) the identification of what community-based services are available\nto individuals of all ages with disabilities in the state of New York\nand an assessment of the extent to which these programs are able to\nserve people in the most integrated settings;\n (d) the identification of what improvements need to be made to the\nsystem of community-based services to ensure that the system is\ncomprehensive, accessible, meets the needs of persons who are likely to\nrequire assistance in order to live in the community and provides high\nquality, adequate supports for individuals of all ages with\ndisabilities;\n (e) an evaluation of the supports and services available to assist\nindividuals of all ages with disabilities who reside in their own homes\nwith the presence of other family members or other informal caregivers\nand an evaluation of the supports and services available to address the\nneeds of individuals of all ages with disabilities who reside in their\nown homes without family members or other informal caregivers;\n (f) an examination of how the identified community-based supports and\nservices integrate individuals of all ages with disabilities into the\ncommunity;\n (g) a review of what funding sources are available to increase the\navailability of community-based services and an analysis of how the\nvaried funding sources available to meet the needs of individuals of all\nages with disabilities in the most integrated setting can be organized\ninto a coherent system of long term care which affords people reasonable\nand timely access to community-based services;\n (h) an assessment of how well the current service system works for\ndifferent populations, including but not limited to, elderly people with\ndisabilities, people with physical disabilities, people with\ndevelopmental disabilities, people with mental illness, and people with\nHIV and AIDS, and a review of changes that might be desirable to make\nservices a reality in the most integrated setting for all populations;\n (i) an examination of waiting lists for community-based services and\nwhat might be done to ensure that waiting lists are created and\naccurately maintained and that people are able to come off waiting lists\nand receive needed community-based services at a reasonable pace;\n (j) an examination of what information, education, outreach and\nreferral systems might be useful to ensure that individuals of all ages\nwith disabilities receive the information necessary to make informed\nchoices regarding how their needs can best be met, including the\nevaluation of the creation of a toll free hotline with information on\ncommunity-based services for individuals of all ages with disabilities;\n (k) an evaluation of how quality assurance and quality improvement can\nbe conducted effectively as more people of all ages with disabilities\nlive in community settings; and\n (l) an examination of how the overall system of health and long term\ncare can best be managed so that placement in the most integrated\nsetting becomes the norm.\n 2. The council shall contract with an independent organization with\nexpertise in the provision of community-based services for individuals\nof all ages with disabilities and with expertise in the area of program\nevaluation research to conduct an evaluation of the council's plan\ncreated pursuant to subdivision one of this section and the\nimplementation of such plan. Such evaluation shall be completed three\nyears after the effective date of this article.\n 3. Each commissioner and director serving on the council shall ensure\nthat his or her agency implements every aspect of the plan developed\npursuant to subdivision one of this section which falls under the\nresponsibilities of his or her agency. The council shall oversee the\nimplementation of the plan created pursuant to subdivision one of this\nsection and shall update such plan as necessary to ensure that waiting\nlists for community-based services for people of all ages with\ndisabilities are moving at a reasonable pace and to ensure that the\nstate of New York is developing a system of long term care that allows\nindividuals of all ages with disabilities to reside and function in the\nmost integrated setting.\n 4. The council shall provide a report to the governor, the temporary\npresident of the senate and the speaker of the assembly one year after\nthe effective date of this article and annually thereafter. Such report\nshall detail the plan developed pursuant to subdivision one of this\nsection, any changes made to such plan, all steps taken to implement\nsuch plan and their outcome, and any future actions planned.\n 5. The plan to be developed under this article shall not be construed\nto increase, decrease, or change the statutory authority of any person\nor entity and shall be implemented consistent with all otherwise\napplicable law.\n