N.Y. Mental Hygiene Law § 33.28: Independent developmental disability ombudsman program

§ 33.28 Independent developmental disability ombudsman program.

(a) There is hereby established by the office for people with

developmental disabilities the independent developmental disability

ombudsman program for the purpose of assisting individuals with

developmental disabilities to access services and preserve their rights.

(b) Such ombudsman program shall have the following duties, including,

but not limited to identifying, investigating, referring and resolving

complaints that are made by, or on behalf of individuals relative to

access to services provided by the office for people with developmental

disabilities or care coordination or other providers certified and/or

authorized by the office to provide services to people with

developmental disabilities, and access to initial and continuing

intellectual and developmental disability services and supports.

(c) Notices and materials provided to individuals by the office for

people with developmental disabilities, providers of services, and the

health homes serving individuals with developmental disabilities shall

include the name, phone number and website address of the independent

developmental disability ombudsman program established by the office for

people with developmental disabilities pursuant to this section. The

phone number shall be available for forty hours every week.

(d) Funds available for expenditure pursuant to this section for the

establishment of an independent developmental disability ombudsman

program may be allocated and distributed by the commissioner of the

office for people with developmental disabilities, subject to the

approval of the director of the budget, but only after the commissioner

of the office for people with developmental disabilities holds a request

for proposal process for the establishment of an independent

developmental disability ombudsman program. The commissioner of the

office for people with developmental disabilities shall consider all

competitive proposals submitted through such request for proposal

process and shall determine which proposal submitted is appropriate for

the establishment of an independent developmental disability ombudsman

program. In making such determination, applicants who demonstrate

experience providing advocacy or assistance to people with developmental

disabilities, or experience tracking and reporting on case activities

while protecting individual confidentiality shall receive deference for

the award.