GOVERNOR SIGNS LAW CREATING
GREATER OPPORTUNITIES FOR NEW YORKERS WITH DISABILITIES TO LIVE IN THEIR
COMMUNITIES
Strengthens Access to Health Care, Community-Based Services for People with
Disabilities
Governor George E. Pataki today announced he has signed into law
legislation that will increase opportunities for New Yorkers with disabilities,
allowing them to live more independent and productive lives in a community
setting.
"We're proud of our historic efforts to ensure that individuals with
disabilities have access to the very best in health care," said Governor
Pataki. "This new law builds on our commitment to New Yorkers who are
disabled or elderly and will allow them to live a better, more fulfilling and
rewarding life by giving them the chance to live in communities close to their
homes. It also will work in conjunction with the Federal Olmstead decision by
creating greater opportunities for our most vulnerable populations, providing
them with the necessary support services in the community so they can remain
independent."
The Nursing Facility Transition and Diversion law authorizes the New York
State Department of Health (DOH) to seek a new Federal waiver under the
Medicaid program to provide home and community-based services to individuals
who may otherwise be cared for in a skilled nursing facility.
It will also provide funding to reimburse many for services in the
community setting that are not presently included in the traditional Medicaid
program.
Senator Raymond A. Meier said, "As Co-Chairman of the Senate's
bi-partisan Task Force on Medicaid Reform, I was pleased and proud to serve as
the Senate sponsor of this bill. Not only does it provide access to better,
more fitting care for individuals with disabilities, but it also saves
taxpayers money as it is less costly to care for individuals in their homes. I
commend Governor Pataki for signing this important legislation into law. This
is exactly the type of Medicaid reform we need in
Specifically, the services that will be covered under Medicaid would
include case management, independent living skills training, support for
assistive technology and other support services needed to maintain a more
independent lifestyle.
This legislation was signed in the spirit of the U.S. Supreme Court's 1999
Olmstead decision, which empowers individuals with disabilities to live more
independently. It enables qualified individuals with disabilities to receive
the services they need in the most integrated setting appropriate for their
overall needs.
New York State Health Commissioner Antonia C. Novello,
M.D., M.P.H., Dr.P.H. said, "Under the
leadership of Governor Pataki, this measure encourages an environment of
integration by addressing the health care and community needs of people with
disabilities in a way that helps them maintain their health, allows them to
remain in the community, and close to family and friends."
Thomas A. Maul, Commissioner of the Office of Mental Retardation and Developmental
Disabilities and Chair of the Most Integrated Setting Coordinating Council
(MISCC) said, "This law gives people with disabilities as well as the
elderly the chance to fulfill their dream of living out their lives in the
community. Once again, Governor Pataki is demonstrating his commitment to
people with special needs by signing into law something that will assure that
these New Yorkers will be able to live in dignity surrounded by the love of
family and friends who are so much a part of their lives. At the Governor's
request, the MISCC conducted forums around the State to ascertain the needs and
desires of the people who will be affected by this new law, and this is exactly
what we heard that the people want. We are committed to moving forward, and to
achieving the goals of MISCC so that people in need will be able to achieve a
better life."
Individuals who may be eligible for participation in the Nursing Facility
Transition and Diversion Medicaid Waiver Program include those who are:
* At least eighteen years of age;
* Eligible for and in receipt of Medicaid;
* Currently residing in a nursing home or are
in need of skilled nursing care; and
* Capable of residing in the community with
the help of nursing facility transition and diversion services.
The DOH will contract with not-for-profit agencies throughout
This law builds on the Governor's efforts in this area. Over the past two
years, Governor Pataki has convened two partnership-based bodies, Health Group
Work Group and the Most Integrated Setting Coordinating Council (MISCC) to
assure that New York would meet the needs of the elderly and disabled in a
manner that reflects those who are affected by the existing law as well as the
private providers who work to meet the needs of those individuals.
The Governor's Health Group Work Group has embraced the tenets of the
Olmstead Supreme Court decision and recently issued a report stating that it
was committed to reshaping New York's long-term care system "to more
effectively and affordably meet the needs of the disabled and elderly"
thus assuring that "an appropriate infrastructure of both services and
affordable housing exists during the transition from an institutional-based to
a community-based long term care system."
The MISCC, established pursuant to New York State Executive Law Article 25,
Section 700, is a statutorily established group charged with implementing the
Olmstead Decision in New York State, and is committed to enhancing New York's
commitment to developing an approach to providing services in integrated
settings that are appropriate to the individual needs of New York's citizens
with disabilities. In forums conducted statewide over the summer, MISCC members
noted the need for more opportunities for placements in community-based
settings where appropriate, rather than in institutionally based nursing homes.
The Transitional Nursing Facility Transition and Diversion Waiver Program
embraces the tenets of the Olmstead Decision and the goals articulated in the
Governor's Health Care Work Group Report and the MISCC. As a 1915 - C Medicaid
Waiver program, the law is specifically designed as an alternative to
institutional placement, thus providing an alternative to nursing facility
placement for seniors and individuals with disabilities. ###