Requires the office for people with developmental disabilities to produce and publish a report to assess the staffing and other issues causing the continued displacement of individuals with developmental disabilities from various state-operated institutions under the jurisdiction of the office for people with developmental disabilities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9523
SPONSOR: Seawright TITLE OF BILL:
An act relating to assessing the staffing and other issues causing the
continued displacement of individuals with developmental disabilities
from various state-operated institutions under the jurisdiction of the
office for people with developmental disabilities
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this bill is to assess and remedy any issues, including
staffing, that relates to the displacement of individuals with a devel-
opmental disability.
SUMMARY OF PROVISIONS::
Section 1 of this bill would declare the legislative intent and would
require the Commissioner of the Office for People with Developmental
Disabilities to submit a report detailing the number and nature of
state-operated residential facilities serving individuals with develop-
mental disabilities, an official record of staff delivering services and
the hiring of new staff at these residential facilities.
Section 2 of this bill would require that such report include the total
number of full-time equivalent staff by position or title for the office
for people with developmental disabilities, the 2022-2023 fiscal year
full-time equivalent budgeted staffing level by position or title for
the office for people with developmental disabilities, the number of
full-time equivalent staff that separated from service between April 1,
2022 and December 1, 2022, the number of staff hired from April 1, 2022
to December 1, 2022, and the number of unfilled and vacant positions as
of December 1, 2022 at each state-operated facility. The report shall
also include the number of full-time equivalent staff, the steps taken
by OPWDD to recruit staff for new and vacant positions, a list of state-
operated residential facilities detailing which facilities are owned or
leased, and the number of eligible clients with developmental disabili-
ties currently on a waiting list to receive care.
Section 3 of this bill would require that the report be posted for
public inspection on OPWDD's website.
Section 4 of this bill provides that the effective date shall take
effect immediately.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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JUSTIFICATION::
The state of New York has embarked on a long-term effort to reduce
staffing at all of its agencies. This impacts the availability and
continuity of services for New Yorkers with intellectual and develop-
mental disabilities, as well as other vulnerable populations. The
reduction in staff is directly attributable to the imposition of "bare
bones" budgeting at all of the state agencies that has been in place for
years. This budgeting approach left the state ill-prepared to maintain
the continuity of quality and safe service delivery, especially for New
Yorkers located in congregate settings. As we have seen from the state's
response to the COVID-19 pandemic, the public interest is best served by
high-capacity state agencies that render needed services and which are
staffed by talented, dedicated and professional public servants hired
pursuant to the state's rigorous civil service system. It is clear that
the State of New York needs to learn several lessons from this experi-
ence. New York needs to develop greater capacity to deliver needed
services and to address potential disasters and emergencies in a timely,
effective, efficient, and cost-effective manner.
This bill will help to improve quality of care by requiring reports to
be provided to the legislature on staffing data and service needs both
regionally and statewide. It will also help increase transparency and
promote discussion among the stakeholders related to the suspension or
reduction of services by requiring a report to the legislature prior to
any closure or reduction of service.
PRIOR LEGISLATIVE HISTORY::
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FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
To be determined.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9523
IN ASSEMBLY
March 20, 2024
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on People with Disabilities
AN ACT relating to assessing the staffing and other issues causing the
continued displacement of individuals with developmental disabilities
from various state-operated institutions under the jurisdiction of the
office for people with developmental disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds and declares that
2 the continued displacement of individuals with disabilities caused by
3 the closure or suspension of services at various state-operated insti-
4 tutions due to staffing and other issues must be assessed and remedied.
5 The legislature further finds that in order to assess these ongoing
6 staffing issues, the commissioner of the office for people with develop-
7 mental disabilities shall submit a report to the governor, the temporary
8 president of the senate, and the speaker of the assembly on or before
9 December 31, 2024 detailing the number and nature of state-operated
10 residential facilities serving individuals with developmental disabili-
11 ties, a census of staff delivering services at state-operated facilities
12 to individuals with developmental disabilities and the hiring of new
13 staff at state-operated residential facilities.
14 § 2. Such report shall include, but not be limited to, the following
15 information:
16 1. the total number of full-time equivalent staff by position or title
17 for the office for people with developmental disabilities as of April 1,
18 2024;
19 2. the 2024-2025 fiscal year full-time equivalent budgeted staffing
20 level by position or title for the office for people with developmental
21 disabilities as of April 1, 2024;
22 3. the number of full-time equivalent staff that separated from
23 service between April 1, 2024 and December 1, 2024, including a break-
24 down of each staff member's job title and job location;
25 4. the number of staff hired from April 1, 2024 to December 1, 2024,
26 including a breakdown of each staff member's job title and job location;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05300-03-4
A. 9523 2
1 5. the number of unfilled and vacant positions as of December 1, 2024
2 at each state-operated facility;
3 6. the number of full-time equivalent staff as of December 1, 2024;
4 7. the steps taken by the office for people with developmental disa-
5 bilities to recruit staff for new and vacant positions;
6 8. a list of state-operated residential facilities operated by the
7 office for people with developmental disabilities detailing which facil-
8 ities are owned or leased, and the lease end date, if any. Such list
9 shall include whether such facilities are operational, have suspended
10 services or have been closed and the proposed date at which any facili-
11 ties that have suspended services or have been closed are projected to
12 be re-opened to serve individuals with developmental disabilities;
13 9. the number of eligible clients with developmental disabilities
14 currently on a waiting list to receive care; and
15 10. any other information the commissioner of the office for people
16 with developmental disabilities deems necessary and appropriate for the
17 legislature to assess the ability of the office for people with develop-
18 mental disabilities to deliver needed services to individuals with
19 developmental disabilities or to reduce the number of individuals with
20 developmental disabilities awaiting placement for services in a state-
21 operated residential facility.
22 § 3. Such report shall be posted for public inspection on the office
23 for people with developmental disabilities' website.
24 § 4. This act shall take effect immediately.
