N.Y. Executive Law § 703: Functions, powers and duties of the council

§ 703. Functions, powers and duties of the council. 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.