N.Y. Mental Hygiene Law § 13.07 – Office for people with developmental disabilities; scope of responsibilities | Midpage
13.07
N.Y. Mental Hygiene Law § 13.07
Office for people with developmental disabilities; scope of responsibilities
Effective Jan 6, 2023
Viewing an earlier version · effective Jan 6, 2023View current
(a) The office for people with developmental disabilities shall assure the development of comprehensive plans, programs, and services in the areas of research, prevention, and care, treatment, habilitation, rehabilitation, vocational and other education, and training of individuals with developmental disabilities. Such plans, programs, and services shall be developed by the cooperation of the office, other offices of the department where appropriate, other state departments and agencies, local governments, community organizations and agencies providing services to individuals with developmental disabilities, their families and representatives. It shall provide appropriate facilities, programs, supports and services and encourage the provision of facilities, programs, supports and services by local government and community organizations and agencies.
(b) It shall advise and assist the governor in developing policies designed to meet the needs of persons with developmental disabilities and encourage their full inclusion and participation in society.
(c) The office shall have the responsibility for seeing that persons with developmental disabilities specified in the foregoing subdivision are provided with services including care and treatment, that such services are of high quality and effectiveness, and that the personal and civil rights of persons receiving such services are protected. The services provided shall seek to promote and attain independence, inclusion, individuality and productivity for persons with developmental disabilities. * (c-1) 1. In carrying out the responsibilities identified in subdivision (c) of this section, the office shall ensure that applications for eligibility determinations and service authorizations are processed in a timely manner. Specifically, except in a case where the application is not reasonably clear, omits required information, or when there is a reasonable basis supported by specific information available for review by the office that such application was submitted fraudulently, the office shall complete processing of the application within one hundred twenty days of receipt of such application transmitted via the internet or electronic mail.
2. In the case where the application is not reasonably clear or lacks required information, the office shall notify the applicant in writing within thirty calendar days of the receipt of such application to request all additional information needed to process such application.
3. Upon receipt of the information requested in paragraph two of this subdivision, the office shall complete processing of the application within sixty days.
4. The office shall report on a quarterly basis to the developmental disabilities advisory council, the governor, the chair of the senate disabilities committee and the chair of the assembly disabilities committee for both eligibility and service authorization applications (i) the number and type of applications received, including by geographic region and/or county and the age or age-range of applicants, (ii) the number of each type of application approved, (iii) the average timeframe for approval from receipt to final approval for each type of application, (iv) the number of each type of application pending, and (v) the number of each type of application disapproved or rejected and the grounds for such disapproval or rejection. Such report shall be posted and made available by the office on its website. * NB Effective June 26, 2023
(d) The office shall foster programs for the training and development of persons capable of providing the foregoing services.
(e) Consistent with the requirements of subdivision (b) of section 5.05 of this chapter, the office shall carry out the provisions of article thirty-one of this chapter as such article pertains to regulation and quality control of services for persons with developmental disabilities.