S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1789

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. MILLMAN, DINOWITZ, ENGLEBRIGHT, RIVERA, JAFFEE,
  GUNTHER -- Multi-Sponsored by --  M.  of  A.  ABBATE,  FINCH,  HOOPER,
  MAISEL -- read once and referred 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:

  Section 1. Section 209 of the elder law, as amended by section  41  of
part A of chapter 58 of the laws of 2010, paragraph (b) of subdivision 1
as  separately amended by chapter 348, paragraph (d) of subdivision 4 as
separately amended by chapter 410 of the laws of 2010, and paragraph (k)
of subdivision 4, subparagraph 6 of paragraph (c) of subdivision 5-a and
subdivision 6 as amended by chapter 320 of the laws of 2011, is  amended
to read as follows:
  S  209.  Naturally  occurring  retirement community supportive service
program. 1. As used in this section:
  (a) "Advisory  committee"  or  "committee"  shall  mean  the  advisory
committee  convened  by  the director for the purposes specified in this
section. Such committee shall be broadly representative of  housing  and
senior citizen groups, and all geographic areas of the state.
  (b)  "Older  adults"  shall mean persons who are sixty years of age or
older.
  (c) "Eligible applicant" shall mean a not-for-profit agency specializ-
ing in housing, health or other human services  which  serves  or  would
serve the community within which a naturally occurring retirement commu-
nity is located.
  (d) "Eligible services" shall mean services including, but not limited
to:  case  management,  care coordination, counseling, health assessment
and monitoring,  transportation,  socialization  activities,  home  care

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01921-01-3

A. 1789                             2

facilitation  and monitoring, and other services designed to address the
needs of residents of  naturally  occurring  retirement  communities  by
helping  them  extend their independence, improve their quality of life,
and avoid unnecessary hospital and nursing home stays.
  (e)  ["Government assistance" shall mean and be broadly interpreted to
mean any monetary assistance provided by the federal,  the  state  or  a
local  government,  or  any  agency  thereof, or any authority or public
benefit corporation, in any form, including loans or loan subsidies, for
the construction of an apartment building or housing complex for low and
moderate income persons, as such term is defined by  the  United  States
Department of Housing and Urban Development.
  (f)]  "Naturally  occurring retirement community" shall mean an apart-
ment building or housing complex OR OTHER HOUSING WITH A  LARGE  CONCEN-
TRATION OF OLDER ADULTS which:
  (1) [was constructed with government assistance;
  (2)] was not [originally built] DEVELOPED for older adults;
  [(3)] (2) does not restrict admissions solely to older adults;
  [(4)  at  least  fifty percent of the units have an occupant who is an
older adult or in which at least twenty-five hundred]
  (3) FORTY-FIVE PERCENT OF THE OCCUPANTS OF WHICH ARE OLDER  ADULTS  OR
IN WHICH TWO HUNDRED FIFTY of the residents are older adults; and
  [(5)]  (4)  a  majority  of  the  older adults to be served are low or
moderate income, as defined by the United States Department  of  Housing
and Urban Development.
  2.  [A  naturally  occurring  retirement  community supportive service
program is established as a demonstration program to be administered  by
the director.
  3.]  The  director  shall be assisted by the advisory committee in the
development of appropriate criteria for the  selection  of  grantees  of
funds  provided  pursuant  to  this  section  and programmatic issues as
deemed appropriate by the director.
  [4.] 3. The criteria recommended by the committee and adopted  by  the
director for the award of grants shall be consistent with the provisions
of this section and shall include, at a minimum:
  (a)  the number, size, type and location of the projects to be served;
provided, that the committee and director shall make reasonable  efforts
to  assure  that geographic balance in the distribution of such projects
is maintained, consistent with the needs to be addressed, funding avail-
able, applications for eligible applicants, other requirements  of  this
section, ABILITY TO COORDINATE SERVICES AND PLANNING WITH THE AREA AGEN-
CY ON AGING, and other criteria developed by the committee and director;
  (b)  the appropriate number and concentration of older adult residents
to be served by an individual project; provided, that such criteria need
not specify, in the case of a project which includes several  buildings,
the number of older adults to be served in any individual building;
  (c) the demographic characteristics of the residents to be served;
  (d)  the  financial  or in-kind support required to be provided to the
project by the owners, managers and residents of  the  housing  develop-
ment; provided, however, that such criteria need not address whether the
funding is public or private, or the source of such support;
  (e)  the scope and intensity of the services to be provided, and their
appropriateness for the residents proposed to be  served.  The  criteria
shall not require that the applicant agency be the sole provider of such
services,  but  shall  require  that the applicant at a minimum actively
manage the provision of such services;

A. 1789                             3

  (f) the experience and financial stability of  the  applicant  agency,
[provided  that  the  criteria  shall  require that priority be given to
programs already in operation, including those projects participating in
the resident advisor program administered by the  office,  and  enriched
housing  programs] which meet the requirements of this section and which
have demonstrated to the satisfaction of the director [and  the  commit-
tee]  their  fiscal and managerial stability and programmatic success in
serving residents;
  (g) the nature and extent of requirements proposed to  be  established
for active, meaningful participation for residents proposed to be served
in  project  design,  implementation,  monitoring, evaluation and gover-
nance;
  (h)  an  agreement  by  the  applicant  to  participate  in  the  data
collection and evaluation project [necessary] SUFFICIENT to complete the
[report  required by this section] REPORTING REQUIREMENTS ESTABLISHED BY
THE DIRECTOR;
  (i) the policy and program roles of the applicant agency and any other
agencies involved in the provision of services or the management of  the
project,  including  the  housing  development  governing body, or other
owners or managers of the apartment buildings and housing complexes  and
the  residents  of  such  apartment buildings and housing complexes. The
criteria shall require a clear delineation of such  policy  and  program
roles;
  (j)  a requirement that each eligible agency document the need for the
project and financial commitments to it from such sources as the commit-
tee and the director shall deem  appropriate  given  the  character  and
nature of the proposed project, and written evidence of support from the
appropriate housing development governing body or other owners or manag-
ers  of  the  apartment  buildings and housing complexes. The purpose of
such documentation shall be to demonstrate the  need  for  the  project,
support  for it in the areas to be served, and the financial and manage-
rial ability to sustain the project;
  (k) a requirement that any aid provided pursuant to  this  section  be
matched  by  an  equal  amount,  in-kind support of equal value, or some
combination thereof from  other  sources,  provided  that  such  in-kind
support  to be utilized only upon approval from the director and only to
the extent matching funds are not available, and that at  least  twenty-
five  percent  of  such amount be contributed by the housing development
governing body or other owners or managers and residents of  the  apart-
ment  buildings  and housing complexes in which the project is proposed,
or, upon approval by the director, sources in  neighborhoods  contiguous
to the boundaries of the geographic areas served where services may also
be provided pursuant to subdivision six of this section; and
  (l)  the  circumstances under which the director may waive all or part
of the requirement for provision of an  equal  amount  of  funding  from
other  sources  required  pursuant to paragraph (k) of this subdivision,
provided that such criteria shall include provision for  waiver  at  the
discretion  of  the  director  upon  a  finding by the director that the
program will serve a low income or hardship  community,  and  that  such
waiver is required to assure that such community receive a fair share of
the  funding available. The committee shall develop appropriate criteria
for determining whether a community is a low income or hardship communi-
ty.
  [5.] 4. Within amounts specifically appropriated therefor and consist-
ent with the criteria developed and required pursuant  to  this  section
the  director shall approve grants to eligible applicants in amounts not

A. 1789                             4

to exceed one hundred fifty thousand dollars for a project in any twelve
month period. [The director shall not approve more than  ten  grants  in
the first twelve month period after the effective date of this section.
  5-a.]   5.  The  director  may,  in  addition  recognize  neighborhood
naturally occurring retirement communities, or Neighborhood  NORCs,  and
provide  program support within amounts specifically available by appro-
priation therefor, which shall be subject to the requirements, rules and
regulations of this section, provided however that:
  (a) the term Neighborhood NORC as used in this subdivision shall  mean
and refer to a residential dwelling or group of residential dwellings in
a  geographically  defined neighborhood of a municipality containing not
more than two thousand persons who are older adults reside in  at  least
forty  percent  of  the units and which is made up of low-rise buildings
six stories or less in height and/or single and multi-family  homes  and
which area was not originally developed for older adults, and which does
not restrict admission strictly to older adults;
  (b)  grants  to  an  eligible  Neighborhood NORC shall be no less than
sixty thousand dollars for any twelve-month period;
  (c) the director shall be assisted by the advisory  committee  in  the
development of criteria for the selection of grants provided pursuant to
this section and programmatic issues as deemed appropriate by the direc-
tor. The criteria recommended by the committee and adopted by the direc-
tor  for  the award of grants shall be consistent with the provisions of
this subdivision and shall include, at a minimum, the following require-
ments or items of  information  using  such  criteria  as  the  advisory
committee and the director shall approve:
  (1)  the  number,  size, type and location of residential dwellings or
group of residential dwellings selected as candidates for [neighborhood]
NEIGHBORHOOD NORCs funding. The director shall make  reasonable  efforts
to  assure that geographic balance in the distribution of such grants is
maintained, consistent with the needs to be  addressed,  funding  avail-
able,  applications  from  eligible  applicants,  ability  to coordinate
services and other requirements of this section;
  (2) the appropriate number and concentration of older adult  residents
to  be  served by an individual Neighborhood NORC. The criteria need not
specify the number of older adults to be served in any individual build-
ing;
  (3) the demographic characteristics of the residents to be served;
  (4) a requirement that the applicant demonstrate  the  development  or
intent  to  develop  community wide support from residents, neighborhood
associations, community groups, nonprofit organizations and others;
  (5) a requirement that the boundaries of the  geographic  area  to  be
served  are  clear  and  coherent and create an identifiable program and
supportive community;
  (6) a requirement that the applicant commit to raising matching funds,
in-kind support, or some combination  thereof  from  non-state  sources,
provided  that  such in-kind support be utilized only upon approval from
the director and only to the extent matching funds  are  not  available,
equal to fifteen percent of the state grant in the second year after the
program  is  approved,  twenty-five  percent  in  the  third year, forty
percent in the fourth year, and fifty percent in  the  fifth  year,  and
further  commit  that in each year, twenty-five percent of such required
matching funds, in-kind support, or combination thereof be raised within
the community served and, upon approval by the  director,  in  neighbor-
hoods  contiguous to the boundaries of the geographic areas served where
services may also be  provided  pursuant  to  subdivision  six  of  this

A. 1789                             5

section. Such local community matching funds, in-kind support, or combi-
nation  thereof  shall  include  but  not  be limited to: dues, fees for
service, individual and community contributions, and such other funds as
the advisory committee and the director shall deem appropriate;
  (7) a requirement that the applicant demonstrate experience and finan-
cial stability;
  (8)  a  requirement that priority in selection be given to programs in
existence prior to the effective date of this subdivision which,  except
for  designation and funding requirements established herein, would have
otherwise generally qualified as a Neighborhood NORC;
  (9) a requirement that the applicant conduct or have conducted a needs
assessment on the basis of which  such  applicant  shall  establish  the
nature  and  extent  of  services  to be provided; and further that such
services shall provide a mix of appropriate services that provide active
and meaningful participation for residents;
  (10) a requirement that residents to be served shall  be  involved  in
design,  implementation,  monitoring,  evaluation  and governance of the
Neighborhood NORC;
  (11) an agreement by the applicant that it  will  participate  in  the
data  collection  and  evaluation  necessary  to  complete the reporting
requirements as established by the director;
  (12) the policy and program roles of  the  applicant  agency  and  any
other  agencies  involved in the provision of services or the management
of the Neighborhood NORC, provided that the  criteria  shall  require  a
clear delineation of such policy and program roles;
  (13) a requirement that each applicant document the need for the grant
and  financial  commitments  to  it  from  such  sources as the advisory
committee and the director shall deem appropriate  given  the  character
and  nature  of  the  proposed Neighborhood NORC and written evidence of
support from the community;
  (14) the circumstances under which the director may waive all or  part
of  the  requirement  for  provision  of an equal amount of funding from
other sources required pursuant to this subdivision, provided that  such
criteria  shall  include  provision  for waiver at the discretion of the
director upon a finding by the director that the Neighborhood NORC  will
serve  a  low  income  or  hardship  community,  and that such waiver is
required to assure that such community receive a fair share of the fund-
ing available. For purposes of this paragraph, a hardship community  may
be  one that has developed a successful model but which needs additional
time to raise matching funds required herein. An applicant applying  for
a  hardship  exception  shall submit a written plan in a form and manner
determined by the director detailing its  plans  to  meet  the  matching
funds requirement in the succeeding year;
  (15)  a requirement that any proposed Neighborhood NORC in a geograph-
ically defined neighborhood of a municipality containing more  than  two
thousand older adults shall require the review and recommendation by the
advisory committee before being approved by the director;
  (d)  on  or before March first, two thousand eight, the director shall
report to the governor and the fiscal and aging committees of the senate
and the assembly concerning the effectiveness of Neighborhood  NORCs  in
achieving  the  objectives  set  forth  by this subdivision. Such report
shall address each of the  items  required  for  Neighborhood  NORCs  in
achieving  the objectives set forth in this section and such other items
of information as the director shall deem appropriate, including  recom-
mendations  concerning  continuation or modification of the program, and
any recommendations from the advisory committee.

A. 1789                             6

  (e) in providing program support for Neighborhood NORCs as  authorized
by  this  subdivision, the director shall in no event divert or transfer
funding for grants or  program  support  from  any  naturally  occurring
retirement  community supportive service programs authorized pursuant to
other provisions of this section.
  6.  The  director may allow services provided by a naturally occurring
retirement community supportive service program  or  by  a  neighborhood
naturally  occurring  retirement  community  to also include services to
residents who live in neighborhoods contiguous to the boundaries of  the
geographic  area  served by such programs if: (a) the persons served are
older adults; (b) the services affect the health  and  welfare  of  such
persons;  and  (c)  the services are provided on a one-time basis in the
year in which they are provided, and not in a manner which  is  said  or
intended  to  be  continuous.  The  director  may  also  consent  to the
provision of such services by such program if the program has received a
grant which requires services to be provided beyond the geographic boun-
daries of the program. The director  shall  establish  procedures  under
which  a  program  may request the ability to provide such services. The
provision of such services shall not affect the funding provided to  the
program by the department pursuant to this section.
  7. The director shall promulgate rules and regulations as necessary to
carry out the provisions of this section.
  [8.  On  or  before March first, two thousand five, the director shall
report to the governor and the finance committee of the senate  and  the
ways and means committee of the assembly concerning the effectiveness of
the   naturally   occurring  retirement  community  supportive  services
program, other than Neighborhood NORCs, as defined in subdivision five-a
of this section, in achieving the objectives set forth by this  section,
which  include  helping  to  address  the  needs  of  residents  in such
naturally occurring retirement communities, assuring access to a contin-
uum of necessary services, increasing private, philanthropic  and  other
public  funding  for  programs,  and preventing unnecessary hospital and
nursing home  stays.  The  report  shall  also  include  recommendations
concerning continuation or modification of the program from the director
and the committee, and shall note any divergence between the recommenda-
tions  of the director and the committee. The director shall provide the
required information and any other information deemed appropriate to the
report in such form and detail as will be helpful to the legislature and
the governor in determining to extend, eliminate or modify  the  program
including, but not limited to, the following:
  (a)  the number, size, type and location of the projects developed and
funded, including the number, kinds  and  functions  of  staff  in  each
program;
  (b)  the  number, size, type and location of the projects proposed but
not funded, and the reasons for denial of funding for such projects;
  (c) the age, sex, religion and other appropriate demographic  informa-
tion concerning the residents served;
  (d)  the services provided to residents, reported in such manner as to
allow comparison of services by demographic group and region;
  (e) a listing of the services provided by eligible applicants, includ-
ing the number, kind and intensity of such services; and
  (f) a listing of other organizations providing services,  the  number,
kind  and  intensity  of  such services, the number of referrals to such
organizations and, to the  extent  practicable,  the  outcomes  of  such
referrals.]

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  S  2.  Such  moneys as may be necessary to effect the purposes of this
act shall be appropriated to the director of the office  for  the  aging
for  expenses associated with such purposes, but in no event shall funds
be diverted from any of the  naturally  occurring  retirement  community
supportive  service programs in existence prior to the effective date of
this act.
  S 3. This act shall take effect immediately.