Section 703. Functions, powers and duties of the council


Latest version.
  • 1. The council
      shall  develop  and  oversee  the  implementation  of  a   comprehensive
      statewide  plan  for  providing services to individuals of all ages with
      disabilities  in  the  most  integrated  setting.  Such  plan  shall  be
      completed  within  one  year of the effective date of this article. Such
      plan shall include, but not be limited to
        (a) the number of individuals of all ages with  disabilities  who  are
      currently   institutionalized   and   are   eligible   for  services  in
      community-based settings, the number  of  individuals  residing  in  the
      community  who  are  dependent  on  the  assistance  of  community-based
      services to avoid institutionalization and any improvements necessary to
      be made to current data collection systems or any  new  data  collection
      initiatives necessary to obtain such information;
        (b) the current assessment procedures utilized to identify individuals
      of  all ages with disabilities who could benefit from services in a more
      integrated setting and the development of a  single  assessment  process
      for individuals of all ages with disabilities in need of services, to be
      implemented  by one community-based agency in each county with expertise
      in community-based services for people of  all  ages  with  disabilities
      through the use of a uniform assessment tool;
        (c)  the identification of what community-based services are available
      to individuals of all ages with disabilities in the state  of  New  York
      and  an  assessment  of  the  extent to which these programs are able to
      serve people in the most integrated settings;
        (d) the identification of what improvements need to  be  made  to  the
      system  of  community-based  services  to  ensure  that  the  system  is
      comprehensive, accessible, meets the needs of persons who are likely  to
      require  assistance  in order to live in the community and provides high
      quality,  adequate  supports  for   individuals   of   all   ages   with
      disabilities;
        (e)  an  evaluation  of  the supports and services available to assist
      individuals of all ages with disabilities who reside in their own  homes
      with  the  presence of other family members or other informal caregivers
      and an evaluation of the supports and services available to address  the
      needs  of  individuals of all ages with disabilities who reside in their
      own homes without family members or other informal caregivers;
        (f) an examination of how the identified community-based supports  and
      services  integrate  individuals  of all ages with disabilities into the
      community;
        (g) a review of what funding sources are  available  to  increase  the
      availability  of  community-based  services  and  an analysis of how the
      varied funding sources available to meet the needs of individuals of all
      ages with disabilities in the most integrated setting can  be  organized
      into a coherent system of long term care which affords people reasonable
      and timely access to community-based services;
        (h)  an  assessment  of  how well the current service system works for
      different populations, including but not limited to, elderly people with
      disabilities,   people   with   physical   disabilities,   people   with
      developmental  disabilities, people with mental illness, and people with
      HIV and AIDS, and a review of changes that might be  desirable  to  make
      services a reality in the most integrated setting for all populations;
        (i)  an  examination of waiting lists for community-based services and
      what might be  done  to  ensure  that  waiting  lists  are  created  and
      accurately maintained and that people are able to come off waiting lists
      and receive needed community-based services at a reasonable pace;
        (j)  an  examination  of  what  information,  education,  outreach and
      referral systems might be useful to ensure that individuals of all  ages
      with  disabilities  receive  the  information necessary to make informed
    
      choices regarding how  their  needs  can  best  be  met,  including  the
      evaluation  of  the  creation of a toll free hotline with information on
      community-based services for individuals of all ages with disabilities;
        (k) an evaluation of how quality assurance and quality improvement can
      be  conducted  effectively  as more people of all ages with disabilities
      live in community settings; and
        (l) an examination of how the overall system of health and  long  term
      care  can  best  be  managed  so  that  placement in the most integrated
      setting becomes the norm.
        2. The council shall contract with an  independent  organization  with
      expertise  in  the provision of community-based services for individuals
      of all ages with disabilities and with expertise in the area of  program
      evaluation  research  to  conduct  an  evaluation  of the council's plan
      created  pursuant  to  subdivision  one  of   this   section   and   the
      implementation  of  such  plan. Such evaluation shall be completed three
      years after the effective date of this article.
        3. Each commissioner and director serving on the council shall  ensure
      that  his  or  her  agency implements every aspect of the plan developed
      pursuant to subdivision one  of  this  section  which  falls  under  the
      responsibilities  of  his  or  her agency. The council shall oversee the
      implementation of the plan created pursuant to subdivision one  of  this
      section  and  shall update such plan as necessary to ensure that waiting
      lists  for  community-based  services  for  people  of  all  ages   with
      disabilities  are  moving  at  a  reasonable pace and to ensure that the
      state of New York is developing a system of long term care  that  allows
      individuals  of all ages with disabilities to reside and function in the
      most integrated setting.
        4. The council shall provide a report to the governor,  the  temporary
      president  of  the senate and the speaker of the assembly one year after
      the effective date of this article and annually thereafter. Such  report
      shall  detail  the  plan  developed  pursuant to subdivision one of this
      section, any changes made to such plan, all  steps  taken  to  implement
      such plan and their outcome, and any future actions planned.
        5.  The plan to be developed under this article shall not be construed
      to increase, decrease, or change the statutory authority of  any  person
      or  entity  and  shall  be  implemented  consistent  with  all otherwise
      applicable law.