senate Bill S5228A

Establishes a community housing wait list

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 14 / May / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 05 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 17 / Jan / 2014
    • PRINT NUMBER 5228A
  • 04 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1388
  • 16 / Jun / 2014
    • SUBSTITUTED BY A7721A

Summary

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7721A
Versions:
S5228
S5228A
Legislative Cycle:
2013-2014
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง7.15, Ment Hyg L

Votes

8
0
8
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S5228A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
establishing a community housing wait list

PURPOSE:

This legislation would require the office of mental health to track
and report the number of individuals with mental illnesses that are in
need or housing services but have yet to receive them.

SUMMARY OF PROVISIONS:

Section 1 amends section 7.15 of the mental hygiene law to add three
new subdivisions requiring the creation of a community housing wait
list. Every sixty days housing providers. referring agencies, and a
county's community based agency must provide OMH the name of each
person who is referred to. applied for, or meets the criteria for
housing services operated, licensed, or funded by OMH.

0MH is required to issue a report on the community housing wait list,
breaking down by county, the number of adults referred to set vices,
the number of adult who have applied for services, the number of
adults admitted to services, the number of adults denied admission.
the number of adults who withdrew applications. and the number of
adult on the statewide list for each category of residential services.
The report must also include any actions taken by the office to reduce
the length of the wait list. The office would he required to send the
governor and legislature the report by January 1, 2016 and quarterly
thereafter.

JUSTIFICATION:

There is a great need for the establishment of a waiting list that
would truly reflect the need for housing and related services for
people in New York with mental illness, and also to match those people
up with appropriate housing in the most integrated setting. This bill
would help to bring the state in line with the already-existing
obligations under the Federal Americans with Disabilities Act, the
Supreme Court's decision in Olmstead v L.C., and New York State
Executive Law Sections 701-703 The bill would also help determine the
number of available housing units compared to the number of
individuals with mental illnesses still waiting for housing. This wait
list will allow the state and the legislature to get an accurate
picture of the services that are available for individuals and where
there may be a gap in services.

Several changes were made to the bill to address concerns from veto
messages of similar legislation including clarifying that individuals
have a documented mental illness and meet eligibility criteria for OMH
funded housing before being included on a wait list.

LEGISLATIVE HISTORY:

New bill Similar to legislation S.184/A.4579-A passed the Assembly.
S.6819- veto 46 - 2008: S.568 - veto 103 of 2007: S.3653 - veto 323 of
2006


FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment, and/or repeal of any rule or
regulation necessary for rite implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

view bill text
                    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:

  Section 1. Section 7.15 of the mental hygiene law is amended by adding
three new subdivisions (c), (d) and (e) to read as follows:
  (C) THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAIT LIST FOR
INDIVIDUALS  SEEKING  HOUSING  AND RELATED SERVICES WITHIN THE OFFICE OF
MENTAL HEALTH SERVICE SYSTEM.
  (1) FOR PURPOSES OF  THIS  SECTION  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (I)  "COMMUNITY  HOUSING  WAIT  LIST" SHALL MEAN A LIST OF INDIVIDUALS
WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY  CRITERIA  FOR
HOUSING  PROGRAMS  LICENSED,  OPERATED OR FUNDED BY THE OFFICE OF MENTAL
HEALTH AND HAVE APPLIED FOR  OR  BEEN  REFERRED  TO  BUT  HAVE  NOT  YET
RECEIVED  HOUSING  SERVICES  INCLUDING  BUT  NOT  LIMITED  TO SUPPORTED,
SUPPORTIVE, SUPERVISED OR CONGREGATE.
  (II) "HOUSING SERVICES PROVIDER" SHALL MEAN ANY HOLDER OF AN OPERATING
CERTIFICATE ISSUED PURSUANT TO ARTICLE THIRTY-ONE OF  THIS  CHAPTER,  OR
EVERY  HOUSING PROGRAM FUNDED, OPERATED, ADMINISTERED OR LICENSED BY THE
OFFICE INCLUDING ANY LOCAL GOVERNMENT UNIT MENTAL HEALTH HOUSING  REFER-
RAL  SYSTEM  AND EACH SINGLE POINT OF ENTRY OFFICE, OPERATED BY OR UNDER
CONTRACT WITH A DIRECTOR  OF  COMMUNITY  SERVICES  PURSUANT  TO  ARTICLE
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

  (III)  "AGENCY  OR  INSTITUTION"  SHALL  INCLUDE  ADULT HOMES, NURSING
HOMES, FOSTER  CARE  PROVIDERS,  HOMELESS  SHELTERS,  STATE  PSYCHIATRIC
CENTERS,  HOSPITALS,  CORRECTIONAL  FACILITIES AND OTHER REFERRING ENTI-
TIES.
  (2)  (I)  EVERY SIXTY DAYS, EACH HOUSING SERVICE PROVIDER SHALL REPORT
TO THE OFFICE THE NAME OF EACH PERSON WHO IS REFERRED TO,  APPLIES  FOR,
IS  ADMITTED  TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO
THE PROVIDER'S HOUSING PROGRAM, ALONG WITH SUCH OTHER INFORMATION AS THE
COMMISSIONER MAY REQUIRE.
  (II) EVERY SIXTY DAYS, EACH AGENCY OR INSTITUTION MAKING REFERRALS FOR
HOUSING SERVICES IN THE OFFICE OF MENTAL  HEALTH  SERVICE  SYSTEM  SHALL
PROVIDE TO THE OFFICE THE NAMES OF PERSONS WHOM IT REFERRED TO A HOUSING
SERVICES PROVIDER, ALONG WITH SUCH OTHER INFORMATION AS THE COMMISSIONER
MAY REQUIRE.
  (III)  EVERY SIXTY DAYS, EACH COUNTY'S COMMUNITY-BASED AGENCY PERFORM-
ING ASSESSMENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT
TOOL, AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  SEVEN
HUNDRED THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME
OF  EACH  PERSON  WITH  A  DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED AND
MEETS THE ELIGIBILITY CRITERIA FOR THE ARRAY  OF  THE  OFFICE'S  FUNDED,
OPERATED,  AND/OR  LICENSED  HOUSING  PROGRAMS  AND  THE  NAMES OF THOSE
PERSONS IT HAS REFERRED TO HOUSING AND SERVICE PROVIDERS ALONG WITH SUCH
OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
  (D) THE COMMISSIONER SHALL 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 COPIES  OF  APPLI-
CANTS  AND  REFERRALS  DIRECTLY TO THE OFFICE VIA ELECTRONIC MEANS. SUCH
POLICIES, PROCEDURES AND FORMS SHALL  SAFEGUARD  THE  CONFIDENTIALLY  OF
INFORMATION  CONCERNING  PERSONS SEEKING HOUSING, AND ACCORD EACH PERSON
ON THE WAIT LIST AN  OPPORTUNITY  TO  RECEIVE  A  WRITTEN  COPY  OF  ALL
PERSONAL  INFORMATION  MAINTAINED  ON  THE  WAIT LIST. SUCH POLICIES AND
PROCEDURES SHALL PROVIDE FOR THE COMMUNITY HOUSING WAIT LIST TO  INCLUDE
ALL  PERSONS  ON  ANY  LOCAL  OR  STATE WAIT LIST FOR HOUSING BEFORE THE
EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE  UPON  WHICH  EACH  SUCH
PERSON WAS FIRST PLACED ON SUCH WAIT LIST.  SUCH LIST SHALL ALSO INCLUDE
PERSONS  WHO ARE PLACED ON ANY SUCH LOCAL OR STATE WAIT LIST ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (E) THE COMMISSIONER SHALL PREPARE A REPORT ON THE  COMMUNITY  HOUSING
WAIT  LIST  OF  PERSONS SEEKING HOUSING WITHIN THE MENTAL HEALTH SYSTEM.
THE REPORT SHALL INCLUDE COMMUNITY BASED HOUSING  AND  RELATED  SERVICES
FOR  WHICH  PERSONS  ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE OF THE
EXECUTIVE LAW. SUCH REPORT, BROKEN OUT BY COUNTY, SHALL INCLUDE BUT  NOT
BE  LIMITED TO, (1) THE NUMBER OF ADULTS REFERRED TO THE COMMUNITY HOUS-
ING WAIT LIST; (2) THE NUMBER OF ADULTS THAT APPLIED FOR  EACH  CATEGORY
OF RESIDENTIAL SERVICE; (3) THE NUMBER OF ADULTS, ADMITTED TO EACH CATE-
GORY  OF  RESIDENTIAL SERVICE; (4) THE NUMBER OF ADULTS DENIED ADMISSION
FOR EACH CATEGORY OF RESIDENTIAL SERVICE; (5) THE NUMBER OF  ADULTS  WHO
WITHDREW  APPLICATIONS FOR EACH CATEGORY OF RESIDENTIAL SERVICE; AND (6)
THE NUMBER OF ADULTS ON THE STATEWIDE WAIT LIST  FOR  EACH  CATEGORY  OF
RESIDENTIAL  SERVICE.  SUCH  REPORT  SHALL INCLUDE FOR EACH CATEGORY AND
COUNTY, THE NUMBER OF MONTHS ON THE WAIT  LIST  FOR  EACH  PERSON.  SUCH
REPORT SHALL INCLUDE THE TYPES, CAPACITIES AND VACANCY RATES OF RESIDEN-
TIAL  SERVICES  OFFERED  IN  EACH  COUNTY. THE REPORTS SHALL INCLUDE ANY
ACTIONS TAKEN BY THE OFFICE TO REDUCE THE LENGTH OF THE  WAIT  LIST  FOR

S. 5228--A                          3

EACH  CATEGORY  OF  RESIDENTIAL SERVICES, INCLUDING THE METHODS BY WHICH
THE OFFICE PRIORITIZES THE PROVISIONS OF  SERVICES  TO  PERSONS  ON  THE
STATEWIDE  COMMUNITY  HOUSING WAIT LIST AND THE ACTIONS OF THE OFFICE TO
INFORM  THE  PUBLIC ABOUT THE COMMUNITY HOUSING WAIT LIST AND THE AVAIL-
ABILITY OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH  A  DOCUMENTED
MENTAL  ILLNESS. THE OFFICE SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE
CHAIRPERSON OF THE SENATE MENTAL HEALTH AND  DEVELOPMENTAL  DISABILITIES
COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE ON
OR BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN AND QUARTERLY THEREAFTER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.