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A06692 Summary:

BILL NO    A06692C

SAME AS    SAME AS S04777-D

SPONSOR    Weisenberg

COSPNSR    Gunther, Silver, Miller, Gabryszak, Kearns, Rosenthal, Abinanti,
           Brook-Krasny, Kellner, Thiele, Hevesi, Weprin, Cusick, Steck,
           Sweeney, Skoufis, Lupardo, Lavine, Zebrowski, Mosley, Cook,
           Englebright, Dinowitz, Scarborough, Colton, Millman, Cahill, Lifton,
           Benedetto, Jaffee, Schimel, Titone, Braunstein, Roberts, Rodriguez,
           Barrett, Otis, Santabarbara, Robinson, Perry, Gottfried, Hikind,
           Bronson, Russell, Galef, Camara, Rosa, Gantt, Hooper, Magee, Ramos,
           Weinstein, DenDekker, Farrell, Stevenson, O'Donnell, Heastie,
           Cymbrowitz, Goldfeder, Kavanagh, Ortiz, Rozic, Glick, Kolb, Morelle,
           Clark

MLTSPNSR   Abbate, Arroyo, Aubry, Barclay, Blankenbush, Borelli, Boyland,
           Brennan, Brindisi, Buchwald, Butler, Ceretto, Corwin, Crespo, Crouch,
           Curran, DiPietro, Duprey, Fahy, Finch, Fitzpatrick, Friend,
           Garbarino, Giglio, Gjonaj, Goodell, Graf, Hawley, Hennessey, Jacobs,
           Johns, Katz, Kim, Lalor, Lentol, Lopez P, Lupinacci, Magnarelli,
           Malliotakis, Markey, Mayer, McDonald, McDonough, McKevitt,
           McLaughlin, Montesano, Moya, Nojay, Nolan, Oaks, Palmesano, Paulin,
           Peoples-Stokes, Pretlow, Quart, Ra, Raia, Rivera, Ryan, Saladino,
           Schimminger, Sepulveda, Simanowitz, Simotas, Skartados, Solages,
           Stec, Stirpe, Tedisco, Tenney, Titus, Walter, Wright



Appropriates money to the office for people with developmental disabilities for
the funding of various programs.
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A06692 Actions:

BILL NO    A06692C

04/16/2013 referred to ways and means
04/22/2013 amend and recommit to ways and means
04/22/2013 print number 6692a
05/29/2013 reported 
05/31/2013 advanced to third reading cal.483
06/05/2013 amended on third reading 6692b
06/12/2013 amended on third reading 6692c
06/17/2013 passed assembly
06/17/2013 delivered to senate
06/17/2013 REFERRED TO RULES
06/18/2013 SUBSTITUTED FOR S4777D
06/18/2013 3RD READING CAL.1444
06/18/2013 PASSED SENATE
06/18/2013 RETURNED TO ASSEMBLY
09/16/2013 delivered to governor
09/27/2013 signed chap.349
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A06692 Memo:

BILL NUMBER:A6692C

TITLE OF BILL:  An act making an appropriation to the office for
people with developmental disabilities for the purpose of providing
additional services and expenses for community programs for people
with developmental disabilities

SUMMARY OF PROVISIONS:  This bill appropriates $90 million or such
amount thereof as may be necessary for the purpose of funding OPWDD
nonprofit services.

The amount of the appropriation shall be based on a recommendation
developed by the workgroup appointed pursuant to chapter 53 of the
laws of 2013. The workgroup shall develop its recommendation after
evaluating the extent to which the savings plan it developed pursuant
to budget language restores the $90 million reduction enacted in the
final budget. However the only saving plan "efficiencies" or actions
or other "efficiencies" or actions which can be counted toward full
restoration are those which do not in any "diminish or impair the
quality of care." To the extent that funding falls short of fully
restoring the $90 million reduction the director of the budget shall
deposit sufficient funds to make up for such shortfall to the credit
of the general fund for the purpose of funding services through OPWDD.
Finally, total funding for nonprofit agencies must be enough to
sustain rates and reimbursement levels paid at the close of FY 12-13.

JUSTIFICATION: The final FY 13-14 budget for not-for-Profit services
to the Office of People with Developmental Disabilities was cut by a
state share amount of $90 million.

To begin the process of minimizing the $90 million cut, language in
the final budget directed a workgroup to develop a savings plan. The
savings plan was finalized by the workgroup at the end of March.

To the extent that the savings plan does not provide sufficient
savings to eliminate the impact of the $90 million cut, this bill
would appropriate the shortfall to OPWDD but only after a reasonable
effort was made to achieve full restoration without resorting to new
appropriations. Any expenditures shall be made with a certificate of
allocation executed by the Director of the Division of the Budget.

This approach to full restoration is responsible, cost effective and
fair to the State, people with developmental disabilities and their
families and Providers.

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.
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A06692 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6692--C
                                                               Cal. No. 483

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 16, 2013
                                      ___________

       Introduced  by  M. of A. WEISENBERG, GUNTHER, MILLER, GABRYSZAK, KEARNS,
         ROSENTHAL, ABINANTI, MAISEL, BROOK-KRASNY,  KELLNER,  THIELE,  HEVESI,
         WEPRIN,  CUSICK,  STECK, SWEENEY, SKOUFIS, LUPARDO, LAVINE, ZEBROWSKI,
         MOSLEY, COOK, ENGLEBRIGHT,  DINOWITZ,  SCARBOROUGH,  COLTON,  MILLMAN,
         CAHILL,  LIFTON,  BENEDETTO,  JAFFEE,  SCHIMEL, TITONE, GIBSON, BRAUN-
         STEIN, ROBERTS,  RODRIGUEZ,  BARRETT,  OTIS,  SANTABARBARA,  ROBINSON,
         PERRY,  GOTTFRIED,  HIKIND,  BRONSON, ESPINAL, BARRON, RUSSELL, GALEF,
         CAMARA, ROSA,  GANTT,  HOOPER,  MAGEE,  RAMOS,  WEINSTEIN,  DenDEKKER,
         FARRELL,   STEVENSON,   O'DONNELL,   HEASTIE,  CYMBROWITZ,  GOLDFEDER,
         KAVANAGH, ORTIZ, ROZIC, GLICK, KOLB, MORELLE -- Multi-Sponsored by  --
         M.  of  A.  ABBATE,  ARROYO,  AUBRY,  BARCLAY,  BLANKENBUSH,  BORELLI,
         BOYLAND, BRENNAN, BRINDISI, BUCHWALD, BUTLER, CERETTO, CLARK,  CORWIN,
         CRESPO,  CROUCH,  CURRAN,  DIPIETRO, DUPREY, FAHY, FINCH, FITZPATRICK,
         FRIEND, GARBARINO, GIGLIO, GJONAJ, GOODELL, GRAF,  HAWLEY,  HENNESSEY,
         JACOBS,  JOHNS, JORDAN, KATZ, KIM, LALOR, LENTOL, P. LOPEZ, LUPINACCI,
         MAGNARELLI, MALLIOTAKIS, MARKEY, MAYER, McDONALD, McDONOUGH, McKEVITT,
         McLAUGHLIN, MONTESANO, MOYA, NOJAY, NOLAN,  OAKS,  PALMESANO,  PAULIN,
         PEOPLES-STOKES,  PRETLOW,  QUART,  RA, RABBITT, RAIA, REILICH, RIVERA,
         RYAN, SALADINO, SCHIMMINGER, SEPULVEDA, SIMANOWITZ,  SIMOTAS,  SKARTA-
         DOS,  SOLAGES, STEC, STIRPE, TEDISCO, TENNEY, TITUS, WALTER, WRIGHT --
         read once and referred to the Committee on Ways and Means -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- reported from  committee,  advanced  to  a  third
         reading,  amended  and  ordered  reprinted, retaining its place on the
         order of third reading -- again  amended  on  third  reading,  ordered
         reprinted, retaining its place on the order of third reading

       AN  ACT  making  an appropriation to the office for people with develop-
         mental disabilities for the purpose of providing  additional  services
         and  expenses  for  community  programs  for people with developmental
         disabilities

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10185-11-3
       A. 6692--C                          2

    1    Section 1. The sum of ninety million dollars ($90,000,000), or so much
    2  thereof  as  may  be necessary, is hereby appropriated to the office for
    3  people with developmental disabilities out of any moneys  in  the  state
    4  treasury in the general fund, not otherwise appropriated, and made imme-
    5  diately available, for the purposes of this act:
    6    The amount of such monies necessary shall be determined by the commis-
    7  sioner  of  developmental  disabilities  and  director of the budget and
    8  shall consider recommendations  developed  by  the  workgroup  appointed
    9  pursuant  to chapter 53 of the laws of 2013. The workgroup shall develop
   10  its recommendation upon evaluating the extent to which the savings  plan
   11  it  developed  pursuant to budget language included in chapter 53 of the
   12  laws of 2013 maintains rates of payment for Medicaid services at  levels
   13  no  less than those in effect on March 31, 2013 and reimbursement levels
   14  for any other OPWDD funded programs and services in effect on March  31,
   15  2013.  However  to the extent that any additional federal funds or other
   16  funds are made available for this purpose those funds  may  be  used  to
   17  offset  the  requirement  to use the full ninety million dollars. To the
   18  extent that the savings  falls  short  of  the  amount  expected  to  be
   19  achieved  from  recommendations  of  the  workgroup process completed in
   20  April 2013, no later than March 31, 2014  the  director  of  the  budget
   21  shall  deposit  sufficient  funds  to  make up for such shortfall to the
   22  credit of the general fund. The commissioner of developmental  disabili-
   23  ties and director of the budget may also take into account greater effi-
   24  ciencies which do not diminish or impair services or the quality of care
   25  as reflected in the recommendations of the workgroup.
   26    Ninety  million  dollars  ($90,000,000)  or  such amount as determined
   27  pursuant to this act shall be made available to the  office  for  people
   28  with developmental disabilities immediately for the purpose of providing
   29  additional  services and expenses for community programs for people with
   30  developmental disabilities pursuant to article 41 of the mental  hygiene
   31  law,  and/or chapter 620 of the laws of 1974, chapter 660 of the laws of
   32  1977, chapter 412 of the laws of 1981, chapter 27 of the laws  of  1987,
   33  chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and any
   34  other provisions of the mental hygiene law.
   35    Notwithstanding  any  inconsistent provision of law, the appropriation
   36  shall be net of refunds, rebates, reimbursements, and credits.
   37    Notwithstanding any inconsistent provision of law, the director of the
   38  budget is authorized to make sub-allocations from this appropriation  up
   39  to  $90,000,000  to  the department of health medical assistance program
   40  for the state share of additional medical assistance  services  expenses
   41  incurred  by  the  department  of  health  for  the provision of medical
   42  assistance to people with developmental disabilities.
   43    Notwithstanding any other provision of law, advances and reimbursement
   44  made pursuant to subdivision (d) of section 41.15 and section  41.18  of
   45  the  mental  hygiene  law shall be allocated pursuant to a plan and in a
   46  manner prescribed by the commissioner of developmental disabilities  and
   47  approved  by  the  director of the budget.  No expenditure shall be made
   48  from this appropriation until  a  certificate  of  allocation  has  been
   49  approved by the director of the budget and copies thereof filed with the
   50  state  comptroller,  and  the  chairs of the senate finance and assembly
   51  ways and means committees. The moneys hereby appropriated are  available
   52  to reimburse or advance localities and voluntary non-profit agencies for
   53  expenditures  made  during  local  fiscal  periods commencing January 1,
   54  2013, April 1, 2013 or July 1, 2013, and for advances for  the  3  month
   55  period beginning January 1, 2014.
       A. 6692--C                          3

    1    Such  moneys  shall  be  payable on the audit and warrant of the comp-
    2  troller on vouchers certified or approved by the commissioner of  devel-
    3  opmental disabilities in the manner prescribed by law.
    4    S 2. This act shall take effect immediately.
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