NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6692C
SPONSOR: Weisenberg 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 "effi-
ciencies" 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 appro-
priate the shortfall to OPWDD but only after a reasonable effort was
made to achieve full restoration without resorting to new appropri-
ations. 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.
STATE OF NEW YORK
________________________________________________________________________
6692--C
Cal. No. 483
2013-2014 Regular Sessions
IN ASSEMBLY
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 § 2. This act shall take effect immediately.
