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.