Bill Text: NY S05228 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes a community housing wait list for individuals seeking housing and related services within the office of mental health service system; defines terms; requires the commissioner of mental health to establish policies, procedures and forms for the community housing wait list in order to ensure that applicants and prospective applicants for housing programs, housing services providers, referring agencies and institutions and community based agencies are able to submit wait list information and other information via electronic means; makes related changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-16 - SUBSTITUTED BY A7721A [S05228 Detail]
Download: New_York-2013-S05228-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5228--A
2013-2014 Regular Sessions
I N S E N A T E
May 14, 2013
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities -- recommitted to the Committee on Mental Health
and Developmental Disabilities in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to establishing a
community housing wait list
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 7.15 of the mental hygiene law is amended by adding
2 three new subdivisions (c), (d) and (e) to read as follows:
3 (C) THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAIT LIST FOR
4 INDIVIDUALS SEEKING HOUSING AND RELATED SERVICES WITHIN THE OFFICE OF
5 MENTAL HEALTH SERVICE SYSTEM.
6 (1) FOR PURPOSES OF THIS SECTION THE FOLLOWING DEFINITIONS SHALL
7 APPLY:
8 (I) "COMMUNITY HOUSING WAIT LIST" SHALL MEAN A LIST OF INDIVIDUALS
9 WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY CRITERIA FOR
10 HOUSING PROGRAMS LICENSED, OPERATED OR FUNDED BY THE OFFICE OF MENTAL
11 HEALTH AND HAVE APPLIED FOR OR BEEN REFERRED TO BUT HAVE NOT YET
12 RECEIVED HOUSING SERVICES INCLUDING BUT NOT LIMITED TO SUPPORTED,
13 SUPPORTIVE, SUPERVISED OR CONGREGATE.
14 (II) "HOUSING SERVICES PROVIDER" SHALL MEAN ANY HOLDER OF AN OPERATING
15 CERTIFICATE ISSUED PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR
16 EVERY HOUSING PROGRAM FUNDED, OPERATED, ADMINISTERED OR LICENSED BY THE
17 OFFICE INCLUDING ANY LOCAL GOVERNMENT UNIT MENTAL HEALTH HOUSING REFER-
18 RAL SYSTEM AND EACH SINGLE POINT OF ENTRY OFFICE, OPERATED BY OR UNDER
19 CONTRACT WITH A DIRECTOR OF COMMUNITY SERVICES PURSUANT TO ARTICLE
20 FORTY-ONE OF THIS CHAPTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10718-04-4
S. 5228--A 2
1 (III) "AGENCY OR INSTITUTION" SHALL INCLUDE ADULT HOMES, NURSING
2 HOMES, FOSTER CARE PROVIDERS, HOMELESS SHELTERS, STATE PSYCHIATRIC
3 CENTERS, HOSPITALS, CORRECTIONAL FACILITIES AND OTHER REFERRING ENTI-
4 TIES.
5 (2) (I) EVERY SIXTY DAYS, EACH HOUSING SERVICE PROVIDER SHALL REPORT
6 TO THE OFFICE THE NAME OF EACH PERSON WHO IS REFERRED TO, APPLIES FOR,
7 IS ADMITTED TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO
8 THE PROVIDER'S HOUSING PROGRAM, ALONG WITH SUCH OTHER INFORMATION AS THE
9 COMMISSIONER MAY REQUIRE.
10 (II) EVERY SIXTY DAYS, EACH AGENCY OR INSTITUTION MAKING REFERRALS FOR
11 HOUSING SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM SHALL
12 PROVIDE TO THE OFFICE THE NAMES OF PERSONS WHOM IT REFERRED TO A HOUSING
13 SERVICES PROVIDER, ALONG WITH SUCH OTHER INFORMATION AS THE COMMISSIONER
14 MAY REQUIRE.
15 (III) EVERY SIXTY DAYS, EACH COUNTY'S COMMUNITY-BASED AGENCY PERFORM-
16 ING ASSESSMENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT
17 TOOL, AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION SEVEN
18 HUNDRED THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME
19 OF EACH PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED AND
20 MEETS THE ELIGIBILITY CRITERIA FOR THE ARRAY OF THE OFFICE'S FUNDED,
21 OPERATED, AND/OR LICENSED HOUSING PROGRAMS AND THE NAMES OF THOSE
22 PERSONS IT HAS REFERRED TO HOUSING AND SERVICE PROVIDERS ALONG WITH SUCH
23 OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
24 (D) THE COMMISSIONER SHALL ESTABLISH POLICIES, PROCEDURES AND FORMS
25 FOR THE COMMUNITY HOUSING WAIT LIST IN ORDER TO ENSURE THAT APPLICANTS
26 AND PROSPECTIVE APPLICANTS FOR HOUSING PROGRAMS, HOUSING SERVICES
27 PROVIDERS, REFERRING AGENCIES AND INSTITUTIONS, AND COMMUNITY BASED
28 AGENCIES ARE ABLE TO SUBMIT WAIT LIST INFORMATION AND COPIES OF APPLI-
29 CANTS AND REFERRALS DIRECTLY TO THE OFFICE VIA ELECTRONIC MEANS. SUCH
30 POLICIES, PROCEDURES AND FORMS SHALL SAFEGUARD THE CONFIDENTIALLY OF
31 INFORMATION CONCERNING PERSONS SEEKING HOUSING, AND ACCORD EACH PERSON
32 ON THE WAIT LIST AN OPPORTUNITY TO RECEIVE A WRITTEN COPY OF ALL
33 PERSONAL INFORMATION MAINTAINED ON THE WAIT LIST. SUCH POLICIES AND
34 PROCEDURES SHALL PROVIDE FOR THE COMMUNITY HOUSING WAIT LIST TO INCLUDE
35 ALL PERSONS ON ANY LOCAL OR STATE WAIT LIST FOR HOUSING BEFORE THE
36 EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE UPON WHICH EACH SUCH
37 PERSON WAS FIRST PLACED ON SUCH WAIT LIST. SUCH LIST SHALL ALSO INCLUDE
38 PERSONS WHO ARE PLACED ON ANY SUCH LOCAL OR STATE WAIT LIST ON OR AFTER
39 THE EFFECTIVE DATE OF THIS SUBDIVISION.
40 (E) THE COMMISSIONER SHALL PREPARE A REPORT ON THE COMMUNITY HOUSING
41 WAIT LIST OF PERSONS SEEKING HOUSING WITHIN THE MENTAL HEALTH SYSTEM.
42 THE REPORT SHALL INCLUDE COMMUNITY BASED HOUSING AND RELATED SERVICES
43 FOR WHICH PERSONS ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE OF THE
44 EXECUTIVE LAW. SUCH REPORT, BROKEN OUT BY COUNTY, SHALL INCLUDE BUT NOT
45 BE LIMITED TO, (1) THE NUMBER OF ADULTS REFERRED TO THE COMMUNITY HOUS-
46 ING WAIT LIST; (2) THE NUMBER OF ADULTS THAT APPLIED FOR EACH CATEGORY
47 OF RESIDENTIAL SERVICE; (3) THE NUMBER OF ADULTS, ADMITTED TO EACH CATE-
48 GORY OF RESIDENTIAL SERVICE; (4) THE NUMBER OF ADULTS DENIED ADMISSION
49 FOR EACH CATEGORY OF RESIDENTIAL SERVICE; (5) THE NUMBER OF ADULTS WHO
50 WITHDREW APPLICATIONS FOR EACH CATEGORY OF RESIDENTIAL SERVICE; AND (6)
51 THE NUMBER OF ADULTS ON THE STATEWIDE WAIT LIST FOR EACH CATEGORY OF
52 RESIDENTIAL SERVICE. SUCH REPORT SHALL INCLUDE FOR EACH CATEGORY AND
53 COUNTY, THE NUMBER OF MONTHS ON THE WAIT LIST FOR EACH PERSON. SUCH
54 REPORT SHALL INCLUDE THE TYPES, CAPACITIES AND VACANCY RATES OF RESIDEN-
55 TIAL SERVICES OFFERED IN EACH COUNTY. THE REPORTS SHALL INCLUDE ANY
56 ACTIONS TAKEN BY THE OFFICE TO REDUCE THE LENGTH OF THE WAIT LIST FOR
S. 5228--A 3
1 EACH CATEGORY OF RESIDENTIAL SERVICES, INCLUDING THE METHODS BY WHICH
2 THE OFFICE PRIORITIZES THE PROVISIONS OF SERVICES TO PERSONS ON THE
3 STATEWIDE COMMUNITY HOUSING WAIT LIST AND THE ACTIONS OF THE OFFICE TO
4 INFORM THE PUBLIC ABOUT THE COMMUNITY HOUSING WAIT LIST AND THE AVAIL-
5 ABILITY OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH A DOCUMENTED
6 MENTAL ILLNESS. THE OFFICE SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE
7 CHAIRPERSON OF THE SENATE MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
8 COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE ON
9 OR BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN AND QUARTERLY THEREAFTER.
10 S 2. This act shall take effect on the one hundred twentieth day after
11 it shall have become a law; provided, however, that effective immediate-
12 ly, the addition, amendment and/or repeal of any rule or regulation
13 necessary for the implementation of this act on its effective date are
14 authorized and directed to be made and completed on or before such
15 effective date.
