Bill Text: NY A02418 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to assisting persons with medically diagnosed HIV infection.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced) 2024-01-03 - referred to social services [A02418 Detail]

Download: New_York-2023-A02418-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2418

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by M. of A. BRONSON, MEEKS, L. ROSENTHAL, CLARK -- read once
          and referred to the Committee on Social Services

        AN ACT to amend the  social  services  law,  in  relation  to  assisting
          persons  with medically diagnosed HIV infection; and repealing certain
          provisions of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 14 of section 131-a of the social services law,
     2  as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
     3  amended to read as follows:
     4    14.  In  determining the [need for] amount of aid provided pursuant to
     5  public assistance programs, each person living with medically  diagnosed
     6  HIV  infection  [as  defined  by the AIDS institute of the department of
     7  health in social services districts with a population over five million]
     8  who applies for or is receiving [services through such district's admin-
     9  istrative unit providing HIV/AIDS services,] public assistance  and  has
    10  earned  and/or unearned income, up to two hundred percent of the federal
    11  poverty guidelines, shall not  be  required  to  pay  more  than  thirty
    12  percent  of  his or her monthly earned and/or unearned income toward the
    13  cost of rent that such person has  a  direct  obligation  to  pay;  this
    14  provision  shall not apply to the amount of payment obligations for room
    15  and board arrangements  attributable  to  the  provision  of  goods  and
    16  services other than living space.
    17    §  2.  Subdivision  15  of section 131-a of the social services law is
    18  REPEALED and a new subdivision 15 is added to read as follows:
    19    15. Notwithstanding the provisions of this chapter or of any other law
    20  or regulation to the contrary, in determining the amount of aid provided
    21  pursuant to public assistance programs, social service districts  shall,
    22  upon  application,  provide access to emergency shelter, transportation,
    23  or nutrition payments which the district  determines  are  necessary  to
    24  establish  or  maintain  independent  living  arrangements among persons
    25  living with medically diagnosed HIV infection who are homeless or facing
    26  homelessness and for whom no viable and less costly alternative to hous-
    27  ing is available, including HIV emergency shelter allowance payments  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02116-01-3
        A. 2418                             2

     1  excess  of  those  promulgated by the office of temporary and disability
     2  assistance but not exceeding an amount  reasonably  approximate  to  one
     3  hundred  ten  percent  of  fair market rent as determined by the federal
     4  department of housing and urban development.
     5    §  3.  Section 131 of the social services law is amended by adding two
     6  new subdivisions 21 and 22 to read as follows:
     7    21. When necessary, each local social services district  shall  assist
     8  persons  with medically diagnosed HIV infection by (i) helping to secure
     9  the required documentation to determine eligibility for assistance, (ii)
    10  arranging for required face-to-face interviews to  be  conducted  during
    11  home visits or at other appropriate sites, and (iii) providing referrals
    12  for  services  as  well as other resources and materials as described in
    13  subdivision twenty-two of this section.
    14    22. The office, in consultation with the department of  health,  shall
    15  create,  maintain,  and  periodically update information on the office's
    16  website regarding resources and services throughout the state, including
    17  the location of such services, which shall include but  not  be  limited
    18  to,  community  based  supports,  employment  opportunities, and medical
    19  professionals specialized in assisting such persons with medically diag-
    20  nosed HIV  infection  to  be  utilized  by  the  local  social  services
    21  districts. Such information shall also be made available on the office's
    22  website.
    23    §  4.  Paragraphs  f  and  (g)  of subdivision 1 of section 153 of the
    24  social services law, paragraph f as amended by chapter 81 of the laws of
    25  1995 and paragraph (g) as amended by chapter 471 of the  laws  of  1980,
    26  are amended and a new paragraph h is added to read as follows:
    27    f.  the  full  amount  expended  by any district, city, town or Indian
    28  tribe for the costs, including the costs  of  administration  of  public
    29  assistance and care to eligible needy Indians and members of their fami-
    30  lies  residing  on  any  Indian  reservation  in this state, after first
    31  deducting therefrom  any  federal  funds  properly  received  or  to  be
    32  received on account thereof[.];
    33    [(g)]  g.  fifty per centum of the amount expended for substance abuse
    34  services pursuant to this chapter, after first deducting  therefrom  any
    35  federal funds properly received or to be received on account thereof. In
    36  the  event  funds  appropriated  for  such  services are insufficient to
    37  provide full reimbursement of the total of the amounts  claimed  by  all
    38  social  services  districts  pursuant to this section then reimbursement
    39  shall be in such proportion as each claim bears to such total[.]; and
    40    h. notwithstanding any inconsistent provision of law, one hundred  per
    41  centum  of  safety  net  or  family  assistance  expenditures, in social
    42  services districts with a population of five million or fewer,  for  HIV
    43  emergency  shelter  allowance payments in excess of those promulgated by
    44  the office of temporary and disability assistance but not  exceeding  an
    45  amount  reasonably approximate to one hundred ten percent of fair market
    46  rent as determined by the federal department of housing and urban devel-
    47  opment, and for transportation or nutrition payments, which the district
    48  determines are necessary to establish  or  maintain  independent  living
    49  arrangements among persons living with medically diagnosed HIV infection
    50  and  who  are homeless or facing homelessness and for whom no viable and
    51  less costly alternative to housing is available, after  first  deducting
    52  therefrom  any  federal  funds  properly  received  or to be received on
    53  account thereof.
    54    § 5. This act shall take effect on the ninetieth day  after  it  shall
    55  have become a law.