NY S06767

Requires the Office for People with Developmental Disabilities to conduct family caregiver assessments for individuals with developmental disabilities living at home who are on waiting lists for residential services, upon request by the caregiver or with approval from a service provider or person familiar with the individual.

Assessments must be completed within thirty days and evaluate the caregiver's age, health, ability to provide safe care, years of caregiving contribution, the individual's living situation safety, and other factors critical to the safety and security of both caregiver and individual.

Assessment results must classify individuals as having current need, substantial need, or emergency need; individuals determined to have emergency need become immediately eligible for out-of-home residential placement or in-home services and supports at the caregiver's request.

Appeals of assessment determinations may be filed within ten days to the commissioner, who must issue a final written decision within fourteen days; during administrative review, the individual must participate in mutually agreeable programming and maintain current service levels unless health or safety requires a change.

Rules and regulations implementing the FAIR act must be adopted and take effect on March 1, 2017.