Bill Text: NY S02217 | 2009-2010 | General Assembly | Introduced
Bill Title: Expands supportive services to the elderly in naturally occurring retirement communities by enlarging target group through eliminating head of household requirement, and including more such communities by reducing the number of elderly needed to qualify.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-07 - REPORTED AND COMMITTED TO FINANCE [S02217 Detail]
Download: New_York-2009-S02217-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2217
2009-2010 Regular Sessions
I N S E N A T E
February 13, 2009
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law, in relation to expanding the coverage of
the naturally occurring retirement community supportive service
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 209 of the elder law, subdivision 5-a as added and
2 the opening paragraph of subdivision 8 as amended by section 2 of part E
3 of chapter 58 of the laws of 2005, subdivision 6 as added and subdivi-
4 sions 7 and 8 as renumbered by chapter 82 of the laws of 2008, is
5 amended to read as follows:
6 S 209. Naturally occurring retirement community supportive service
7 program. 1. As used in this section:
8 (a) "Advisory committee" or "committee" shall mean the advisory
9 committee convened by the director pursuant to subdivision [three] TWO
10 of this section. Such committee shall be broadly representative of hous-
11 ing and senior citizen groups, and all geographic areas of the state.
12 (b) "Elderly" or "elderly persons" shall mean persons who are sixty
13 years of age or older [and who are heads of households].
14 (c) "Eligible applicant" shall mean a not-for-profit agency specializ-
15 ing in housing, health or other human services which serves or would
16 serve the community within which a naturally occurring retirement commu-
17 nity is located.
18 (d) "Eligible services" shall mean services including, but not limited
19 to: case management, care coordination, counseling, health assessment
20 and monitoring, transportation, socialization activities, home care
21 facilitation and monitoring, and other services designed to address the
22 needs of residents of naturally occurring retirement communities by
23 helping them extend their independence, improve their quality of life,
24 and avoid unnecessary hospital and nursing home stays.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03454-01-9
S. 2217 2
1 (e) ["Government assistance" shall mean and be broadly interpreted to
2 mean any monetary assistance provided by the federal, the state or a
3 local government, or any agency thereof, or any authority or public
4 benefit corporation, in any form, including loans or loan subsidies, for
5 the construction of an apartment building or housing complex for low and
6 moderate income persons, as such term is defined by the United States
7 Department of Housing and Urban Development.
8 (f)] "Naturally occurring retirement community" shall mean an apart-
9 ment building or housing complex OR OTHER HOUSING WITH A LARGE CONCEN-
10 TRATION OF ELDERLY, which:
11 (1) [was constructed with government assistance;
12 (2)] was not [originally built] DEVELOPED for elderly persons;
13 [(3)] (2) does not restrict admissions solely to the elderly;
14 [(4) fifty percent of the units have an occupant who is elderly or in
15 which twenty-five hundred]
16 (3) FORTY-FIVE PERCENT OF THE OCCUPANTS OF WHICH ARE ELDERLY OR IN
17 WHICH TWO HUNDRED FIFTY of the residents are elderly; and
18 [(5)] (4) a majority of the elderly to be served are low or moderate
19 income, as defined by the United States Department of Housing and Urban
20 Development.
21 2. [A naturally occurring retirement community supportive service
22 program is established as a demonstration program to be administered by
23 the director.
24 3.] The director shall convene an advisory committee to aid in devel-
25 oping appropriate criteria for the selection of grantees of funds
26 provided pursuant to this section. The functions otherwise required to
27 be performed by the advisory committee shall be performed by the direc-
28 tor until such committee is convened; provided, however, that the direc-
29 tor shall under no circumstances perform such functions after the expi-
30 ration of six months after the effective date of this section.
31 [4.] 3. The criteria recommended by the committee and adopted by the
32 director for the award of grants shall be consistent with the provisions
33 of this section and shall include, at a minimum:
34 (a) the number, size, type and location of the projects to be served;
35 provided, that the committee and director shall make reasonable efforts
36 to assure that geographic balance in the distribution of such projects
37 is maintained, consistent with the needs to be addressed, funding avail-
38 able, applications for eligible applicants, other requirements of this
39 section, ABILITY TO COORDINATE SERVICES AND PLANNING WITH THE AREA AGEN-
40 CY ON AGING and other criteria developed by the committee and director;
41 (b) the appropriate number and concentration of elderly residents to
42 be served by an individual project; provided, that such criteria need
43 not specify, in the case of a project which includes several buildings,
44 the number of elderly to be served in any individual building;
45 (c) the demographic characteristics of the residents to be served;
46 (d) the financial support required to be provided to the project by
47 the owners, managers and residents of the housing development; provided,
48 however, that such criteria need not address whether the funding is
49 public or private, or the source of such support;
50 (e) the scope and intensity of the services to be provided, and their
51 appropriateness for the residents proposed to be served. The criteria
52 shall not require that the applicant agency be the sole provider of such
53 services, but shall require that the applicant at a minimum actively
54 manage the provision of such services;
55 (f) the experience and financial stability of the applicant agency,
56 [provided that the criteria shall require that priority be given to
S. 2217 3
1 programs already in operation, including those projects participating in
2 the resident advisor program administered by the office, and enriched
3 housing programs] which meet the requirements of this section and which
4 have demonstrated to the satisfaction of the director [and the commit-
5 tee] their fiscal and managerial stability and programmatic success in
6 serving residents;
7 (g) the nature and extent of requirements proposed to be established
8 for active, meaningful participation for residents proposed to be served
9 in project design, implementation, monitoring, evaluation and gover-
10 nance;
11 (h) an agreement by the applicant to participate in [the] data
12 collection and evaluation project [necessary] SUFFICIENT to complete the
13 [report required by this section] REPORTING REQUIREMENTS ESTABLISHED BY
14 THE DIRECTOR;
15 (i) the policy and program roles of the applicant agency and any other
16 agencies involved in the provision of services or the management of the
17 project, including the housing development governing body, or other
18 owners or managers of the apartment buildings and housing complexes and
19 the residents of such apartment buildings and housing complexes. The
20 criteria shall require a clear delineation of such policy and program
21 roles;
22 (j) a requirement that each eligible agency document the need for the
23 project and financial commitments to it from such sources as the commit-
24 tee and the director shall deem appropriate given the character and
25 nature of the proposed project, and written evidence of support from the
26 appropriate housing development governing body or other owners or manag-
27 ers of the apartment buildings and housing complexes. The purpose of
28 such documentation shall be to demonstrate the need for the project,
29 support for it in the areas to be served, and the financial and manage-
30 rial ability to sustain the project;
31 (k) a requirement that any aid provided pursuant to this section be
32 matched by an equal amount from other sources and that at least twenty-
33 five percent of such amount be contributed by the housing development
34 governing body or other owners or managers and residents of the apart-
35 ment buildings and housing complexes in which the project is proposed;
36 and
37 (l) the circumstances under which the director may waive all or part
38 of the requirement for provision of an equal amount of funding from
39 other sources required pursuant to paragraph (k) of this subdivision,
40 provided that such criteria shall include provision for waiver at the
41 discretion of the director upon a finding by the director that the
42 program will serve a low income or hardship community, and that such
43 waiver is required to assure that such community receive a fair share of
44 the funding available. The committee shall develop appropriate criteria
45 for determining whether a community is a low income or hardship communi-
46 ty.
47 [5.] 4. Within amounts specifically appropriated therefor and consist-
48 ent with the criteria developed and required pursuant to this section
49 the director shall approve grants to eligible applicants in amounts not
50 to exceed one hundred fifty thousand dollars for a project in any twelve
51 month period. [The director shall not approve more than ten grants in
52 the first twelve month period after the effective date of this section.
53 5-a.] 5. The director may, in addition recognize neighborhood
54 naturally occurring retirement communities, or Neighborhood NORCs, and
55 provide program support within amounts specifically available by appro-
S. 2217 4
1 priation therefor, which shall be subject to the requirements, rules and
2 regulations of this section, provided however that:
3 (a) the term Neighborhood NORC as used in this subdivision shall mean
4 and refer to a residential dwelling or group of residential dwellings in
5 a geographically defined neighborhood of a municipality containing not
6 more than two thousand persons who are elderly reside in at least forty
7 percent of the units and which is made up of low-rise buildings six
8 stories or less in height and/or single and multi-family homes and which
9 area was not originally developed for elderly persons, and which does
10 not restrict admission strictly to the elderly;
11 (b) grants to an eligible Neighborhood NORC shall be no less than
12 sixty thousand dollars for any twelve-month period;
13 (c) the director shall convene an advisory committee to help develop
14 criteria for the selection of grants provided pursuant to this section.
15 The functions otherwise required to be performed by the advisory commit-
16 tee shall be performed by the director until the committee is convened,
17 or for six months after the effective date of this subdivision, whichev-
18 er occurs earlier. The criteria recommended by the committee and adopted
19 by the director for the award of grants shall be consistent with the
20 provisions of this subdivision and shall include, at a minimum, the
21 following requirements or items of information using such criteria as
22 the advisory committee and the director shall approve:
23 (1) the number, size, type and location of residential dwellings or
24 group of residential dwellings selected as candidates for [neighborhood]
25 NEIGHBORHOOD NORCs funding. The director shall make reasonable efforts
26 to assure that geographic balance in the distribution of such grants is
27 maintained, consistent with the needs to be addressed, funding avail-
28 able, applications from eligible applicants, ability to coordinate
29 services and other requirements of this section;
30 (2) the appropriate number and concentration of elderly residents to
31 be served by an individual Neighborhood NORC. The criteria need not
32 specify the number of elderly to be served in any individual building;
33 (3) the demographic characteristics of the residents to be served;
34 (4) a requirement that the applicant demonstrate the development or
35 intent to develop community wide support from residents, neighborhood
36 associations, community groups, nonprofit organizations and others;
37 (5) a requirement that the boundaries of the geographic area to be
38 served are clear and coherent and create an identifiable program and
39 supportive community;
40 (6) a requirement that the applicant commit to raising matching funds
41 from non-state sources of fifteen percent of the state grant in the
42 second year after the program is approved, twenty-five percent in the
43 third year, forty percent in the fourth year, and fifty percent in the
44 fifth year, and further commit that in each year, twenty-five percent of
45 such required matching funds be raised within the community served. Such
46 local community matching funds shall include but not be limited to:
47 dues, fees for service, individual and community contributions, and such
48 other funds as the advisory committee and the director shall deem appro-
49 priate;
50 (7) a requirement that the applicant demonstrate experience and finan-
51 cial stability;
52 (8) a requirement that priority in selection be given to programs in
53 existence prior to the effective date of this subdivision which, except
54 for designation and funding requirements established herein, would have
55 otherwise generally qualified as a Neighborhood NORC;
S. 2217 5
1 (9) a requirement that the applicant conduct or have conducted a needs
2 assessment on the basis of which such applicant shall establish the
3 nature and extent of services to be provided; and further that such
4 services shall provide a mix of appropriate services that provide active
5 and meaningful participation for residents;
6 (10) a requirement that residents to be served shall be involved in
7 design, implementation, monitoring, evaluation and governance of the
8 Neighborhood NORC;
9 (11) an agreement by the applicant that it will participate in the
10 data collection and evaluation necessary to complete the reporting
11 requirements as established by the director;
12 (12) the policy and program roles of the applicant agency and any
13 other agencies involved in the provision of services or the management
14 of the Neighborhood NORC, provided that the criteria shall require a
15 clear delineation of such policy and program roles;
16 (13) a requirement that each applicant document the need for the grant
17 and financial commitments to it from such sources as the advisory
18 committee and the director shall deem appropriate given the character
19 and nature of the proposed Neighborhood NORC and written evidence of
20 support from the community;
21 (14) the circumstances under which the director may waive all or part
22 of the requirement for provision of an equal amount of funding from
23 other sources required pursuant to this subdivision, provided that such
24 criteria shall include provision for waiver at the discretion of the
25 director upon a finding by the director that the Neighborhood NORC will
26 serve a low income or hardship community, and that such waiver is
27 required to assure that such community receive a fair share of the fund-
28 ing available. For purposes of this paragraph, a hardship community may
29 be one that has developed a successful model but which needs additional
30 time to raise matching funds required herein. An applicant applying for
31 a hardship exception shall submit a written plan in a form and manner
32 determined by the director detailing its plans to meet the matching
33 funds requirement in the succeeding year;
34 (15) a requirement that any proposed Neighborhood NORC in a geograph-
35 ically defined neighborhood of a municipality containing more than two
36 thousand seniors shall require the review and recommendation by the
37 advisory committee before being approved by the director;
38 (d) on or before March first, two thousand eight, the director shall
39 report to the governor and the fiscal and aging committees of the senate
40 and the assembly concerning the effectiveness of Neighborhood NORCs in
41 achieving the objectives set forth by this subdivision. Such report
42 shall address each of the items required for Neighborhood NORCs in
43 achieving the objectives set forth in this section and such other items
44 of information as the director shall deem appropriate, including recom-
45 mendations concerning continuation or modification of the program, and
46 any recommendations from the advisory committee.
47 (e) in providing program support for Neighborhood NORCs as authorized
48 by this subdivision, the director shall in no event divert or transfer
49 funding for grants or program support from any naturally occurring
50 retirement community supportive service programs authorized pursuant to
51 other provisions of this section.
52 6. The director may allow services provided by a naturally occurring
53 retirement community supportive service program or by a neighborhood
54 naturally occurring retirement community to also include services to
55 residents who live in neighborhoods contiguous to the boundaries of the
56 geographic area served by such programs if: (a) the persons served are
S. 2217 6
1 elderly persons; (b) the services affect the health and welfare of such
2 persons; and (c) the services are provided on a one-time basis in the
3 year in which they are provided, and not in a manner which is said or
4 intended to be continuous. The director may also consent to the
5 provision of such services by such program if the program has received a
6 grant which requires services to be provided beyond the geographic boun-
7 daries of the program. The director shall establish procedures under
8 which a program may request the ability to provide such services.
9 7. The director shall promulgate rules and regulations as necessary to
10 carry out the provisions of this section.
11 [8. On or before March first, two thousand five, the director shall
12 report to the governor and the finance committee of the senate and the
13 ways and means committee of the assembly concerning the effectiveness of
14 the naturally occurring retirement community supportive services
15 program, other than Neighborhood NORCs, as defined in subdivision five-a
16 of this section, in achieving the objectives set forth by this section,
17 which include helping to address the needs of residents in such
18 naturally occurring retirement communities, assuring access to a contin-
19 uum of necessary services, increasing private, philanthropic and other
20 public funding for programs, and preventing unnecessary hospital and
21 nursing home stays. The report shall also include recommendations
22 concerning continuation or modification of the program from the director
23 and the committee, and shall note any divergence between the recommenda-
24 tions of the director and the committee. The director shall provide the
25 required information and any other information deemed appropriate to the
26 report in such form and detail as will be helpful to the legislature and
27 the governor in determining to extend, eliminate or modify the program
28 including, but not limited to, the following:
29 (a) the number, size, type and location of the projects developed and
30 funded, including the number, kinds and functions of staff in each
31 program;
32 (b) the number, size, type and location of the projects proposed but
33 not funded, and the reasons for denial of funding for such projects;
34 (c) the age, sex, religion and other appropriate demographic informa-
35 tion concerning the residents served;
36 (d) the services provided to residents, reported in such manner as to
37 allow comparison of services by demographic group and region;
38 (e) a listing of the services provided by eligible applicants, includ-
39 ing the number, kind and intensity of such services; and
40 (f) a listing of other organizations providing services, the number,
41 kind and intensity of such services, the number of referrals to such
42 organizations and, to the extent practicable, the outcomes of such
43 referrals.]
44 S 2. Such moneys as may be necessary to effect the purposes of this
45 act shall be appropriated to the director of the office for the aging
46 for expenses associated with such purposes, but in no event shall funds
47 be diverted from any of the naturally occurring retirement community
48 supportive service programs in existence prior to the effective date of
49 this act.
50 S 3. This act shall take effect immediately.
