Bill Text: NY S07431 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to increasing housing opportunities for people with developmental disabilities.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-06-20 - referred to mental health [S07431 Detail]

Download: New_York-2013-S07431-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7431
                                   I N  S E N A T E
                                     May 14, 2014
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law, in relation to integrated  hous-
         ing
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The mental hygiene law is amended by adding a  new  section
    2  13.42 to read as follows:
    3  S 13.42 INTEGRATED HOUSING PLAN.
    4    (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
    5  TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
    6  AND  COMMUNITY  RENEWAL,  AND  THE MOST INTEGRATED SETTINGS COORDINATING
    7  COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
    8  SHALL ESTABLISH A PLAN TO INCREASE HOUSING OPPORTUNITIES FOR PEOPLE WITH
    9  DEVELOPMENTAL DISABILITIES. THE PLAN SHALL INCLUDE, BUT NOT  BE  LIMITED
   10  TO:
   11    (1)  IDENTIFICATION  OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING
   12  OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
   13  OWN HOME, LEASED APARTMENT, OR FAMILY'S HOME, WHEN SUCH A  PLACEMENT  IS
   14  THEIR  INFORMED  CHOICE  AND  THE MOST INTEGRATED SETTING APPROPRIATE TO
   15  THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHOULD:
   16    (I) FACILITATE OPPORTUNITIES FOR INDIVIDUALS WITH DEVELOPMENTAL  DISA-
   17  BILITIES,  INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS TO
   18  LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND  AWAY  FROM  THEIR
   19  PARENTAL HOME;
   20    (II)  EXPAND  THE  INVENTORY OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS
   21  FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
   22    (III) INCREASE ACCESS TO RENTAL SUBSIDIES FOR INDIVIDUALS WITH  DEVEL-
   23  OPMENTAL DISABILITIES;
   24    (IV)  BUILD  UNDERSTANDING AND AWARENESS OF INFORMED CHOICES FOR INDE-
   25  PENDENT LIVING AMONG INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,  FAMI-
   26  LIES  PUBLIC  AND  PRIVATE ORGANIZATION, DEVELOPERS AND MEDICAID SERVICE
   27  COORDINATORS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15154-01-4
       S. 7431                             2
    1    (V) REVIEW POTENTIAL FEDERAL AND STATE POLICY CHANGES THAT WILL FACIL-
    2  ITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES  AND  SUPPORTS  THAT
    3  PERMIT INDIVIDUALS TO CHOOSE MORE INDEPENDENT LIVING OPTIONS; AND
    4    (VI) ASSESS AND ADVANCE COORDINATED PLAN IMPLEMENTATION.
    5    (2) DATA CONCERNING BASELINE INFORMATION REGARDING THE NUMBER OF INDI-
    6  VIDUALS  WITH  DEVELOPMENTAL  DISABILITIES  WHO WOULD CHOOSE INDEPENDENT
    7  LIVING OPTIONS, IF AVAILABLE AND THE  IDENTIFICATION  OF  STRATEGIES  TO
    8  INCREASE  ACCESS  TO  THESE  OPTIONS;  AS  WELL AS INFORMATION AS TO THE
    9  EXISTING PLACEMENTS IN  MORE  RESTRICTIVE  SETTINGS,  INCLUDING  NURSING
   10  HOMES, ICF SETTINGS, COMMUNITY RESIDENCES, IRAS AND FAMILY CARE SETTINGS
   11  WHO  HAVE  CHOSEN TO LIVE IN THESE SETTINGS HAVING BEEN PROVIDED OPTIONS
   12  FOR COMMUNITY PLACEMENT, SERVICES AND  SUPPORTS  WHERE  SUCH  INDIVIDUAL
   13  HAS:
   14    (I)  BEEN  OFFERED  A CHOICE OF PROVIDERS CONSISTENT WITH THE INDIVID-
   15  UAL'S IDENTIFIED NEEDS AND PREFERENCES; AND
   16    (II) BEEN PROVIDED APPROPRIATE COMMUNITY-BASED SERVICES FROM  AMONG  A
   17  RANGE  OF OPTIONS, WITH OPPORTUNITIES FOR THE INDIVIDUAL, THEIR FAMILIES
   18  OR CIRCLE OF SUPPORT TO SPEAK  WITH  THOSE  PROVIDERS,  VISIT  COMMUNITY
   19  PLACEMENTS  AND  BE  PERMITTED  TO  HAVE CONVERSATIONS AND MEETINGS WITH
   20  INDIVIDUALS CURRENTLY LIVING IN THE COMMUNITY AND THEIR FAMILIES, BEFORE
   21  BEING ASKED TO MAKE A CHOICE REGARDING OPTIONS.
   22    (3) IDENTIFICATION OF MODELS OF INTEGRATED HOUSING PROMOTING,  TO  THE
   23  GREATEST  EXTENT  POSSIBLE,  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
   24  LIVING IN THE COMMUNITY AMONG INDIVIDUALS WITHOUT DISABILITIES,  INCLUD-
   25  ING  CONSIDERATIONS  OF  ABILITY  LEVELS,  CRITICAL LIFE TRANSITIONS AND
   26  APPROPRIATE OPTIONS;
   27    (4)  STRATEGIES  FOR  ASSISTING  INDIVIDUALS  IN  TRANSITIONING   FROM
   28  PARENTAL HOMES TO COMMUNITY HOUSING;
   29    (5)  DESCRIBE  INFORMATION  ABOUT  AND  DESCRIBE  A PROCEDURE BY WHICH
   30  APPROPRIATE REFERRALS CAN BE MADE FOR INDIVIDUALS TO APPLY FOR RENTAL OR
   31  HOUSING ASSISTANCE AND BRIDGE  FUNDING  THROUGH  ALL  EXISTING  SOURCES,
   32  INCLUDING  LOCAL, STATE, OR FEDERAL AFFORDABLE HOUSING OR RENTAL ASSIST-
   33  ANCE PROGRAMS (TENANT-BASED  OR  PROJECT-BASED)  AND  ANY  DEVELOPMENTAL
   34  DISABILITY SPECIFIC RENTAL ASSISTANCE;
   35    (6)  IDENTIFICATION  OF  MEANS  TO ASSIST INDIVIDUALS WITH SIGNIFICANT
   36  BEHAVIORAL OR MEDICAL NEEDS IN PREPARING FOR AND  MOVING  TOWARDS  INTE-
   37  GRATED HOUSING;
   38    (7)  TECHNICAL ASSISTANCE, COMPLIANCE AND TRANSITION ASSISTANCE PROCE-
   39  DURES FOR EXISTING PROVIDERS WHO SEEK TO TRANSITION TO  MORE  INTEGRATED
   40  HOUSING MODELS; AND
   41    (8)  ASSESSMENTS OF FUNDING AND NECESSARY SUPPORTS FOR INDIVIDUALS AND
   42  PROVIDERS.
   43    (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
   44  TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
   45  AND COMMUNITY RENEWAL, AND THE  MOST  INTEGRATED  SETTINGS  COORDINATING
   46  COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
   47  SHALL  DEVELOP THE PLAN WITH INPUT FROM STAKEHOLDERS, INCLUDING INDIVID-
   48  UALS WITH DEVELOPMENTAL DISABILITIES, PARENTS AND GUARDIANS OF  INDIVID-
   49  UALS   WITH  DEVELOPMENTAL  DISABILITIES,  ADVOCATES  AND  PROVIDERS  OF
   50  SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
   51    (C) THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED  AND
   52  SUBMITTED  TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
   53  ASSEMBLY AND POSTED ON THE WEBSITE OF THE OFFICE FOR PEOPLE WITH  DEVEL-
   54  OPMENTAL  DISABILITIES WITHIN ONE HUNDRED EIGHTY DAYS OF THE CENTERS FOR
   55  MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE STATE'S 1915(B)/(C) HCBS
   56  WAIVER APPLICATION.
       S. 7431                             3
    1    S 2. This act shall take effect immediately.