Bill Text: NY S00183 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-02-13 - REPORTED AND COMMITTED TO FINANCE [S00183 Detail]

Download: New_York-2023-S00183-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           183

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02116-01-3
        S. 183                              2

     1  establish  or  maintain  independent  living  arrangements among persons
     2  living with medically diagnosed HIV infection who are homeless or facing
     3  homelessness and for whom no viable and less costly alternative to hous-
     4  ing  is available, including HIV emergency shelter allowance payments in
     5  excess of those promulgated by the office of  temporary  and  disability
     6  assistance  but  not  exceeding  an amount reasonably approximate to one
     7  hundred ten percent of fair market rent as  determined  by  the  federal
     8  department of housing and urban development.
     9    §  3.  Section 131 of the social services law is amended by adding two
    10  new subdivisions 21 and 22 to read as follows:
    11    21. When necessary, each local social services district  shall  assist
    12  persons  with medically diagnosed HIV infection by (i) helping to secure
    13  the required documentation to determine eligibility for assistance, (ii)
    14  arranging for required face-to-face interviews to  be  conducted  during
    15  home visits or at other appropriate sites, and (iii) providing referrals
    16  for  services  as  well as other resources and materials as described in
    17  subdivision twenty-two of this section.
    18    22. The office, in consultation with the department of  health,  shall
    19  create,  maintain,  and  periodically update information on the office's
    20  website regarding resources and services throughout the state, including
    21  the location of such services, which shall include but  not  be  limited
    22  to,  community  based  supports,  employment  opportunities, and medical
    23  professionals specialized in assisting such persons with medically diag-
    24  nosed HIV  infection  to  be  utilized  by  the  local  social  services
    25  districts. Such information shall also be made available on the office's
    26  website.
    27    §  4.  Paragraphs  f  and  (g)  of subdivision 1 of section 153 of the
    28  social services law, paragraph f as amended by chapter 81 of the laws of
    29  1995 and paragraph (g) as amended by chapter 471 of the  laws  of  1980,
    30  are amended and a new paragraph h is added to read as follows:
    31    f.  the  full  amount  expended  by any district, city, town or Indian
    32  tribe for the costs, including the costs  of  administration  of  public
    33  assistance and care to eligible needy Indians and members of their fami-
    34  lies  residing  on  any  Indian  reservation  in this state, after first
    35  deducting therefrom  any  federal  funds  properly  received  or  to  be
    36  received on account thereof[.];
    37    [(g)]  g.  fifty per centum of the amount expended for substance abuse
    38  services pursuant to this chapter, after first deducting  therefrom  any
    39  federal funds properly received or to be received on account thereof. In
    40  the  event  funds  appropriated  for  such  services are insufficient to
    41  provide full reimbursement of the total of the amounts  claimed  by  all
    42  social  services  districts  pursuant to this section then reimbursement
    43  shall be in such proportion as each claim bears to such total[.]; and
    44    h. notwithstanding any inconsistent provision of law, one hundred  per
    45  centum  of  safety  net  or  family  assistance  expenditures, in social
    46  services districts with a population of five million or fewer,  for  HIV
    47  emergency  shelter  allowance payments in excess of those promulgated by
    48  the office of temporary and disability assistance but not  exceeding  an
    49  amount  reasonably approximate to one hundred ten percent of fair market
    50  rent as determined by the federal department of housing and urban devel-
    51  opment, and for transportation or nutrition payments, which the district
    52  determines are necessary to establish  or  maintain  independent  living
    53  arrangements among persons living with medically diagnosed HIV infection
    54  and  who  are homeless or facing homelessness and for whom no viable and
    55  less costly alternative to housing is available, after  first  deducting
        S. 183                              3

     1  therefrom  any  federal  funds  properly  received  or to be received on
     2  account thereof.
     3    §  5.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.