S T A T E O F N E W Y O R K
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2103
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. ALFA-
NO, BARRA, GREENE, MILLER, ORTIZ, PHEFFER -- read once and referred to
the Committee on Housing
AN ACT to amend the public housing law, in relation to creating the
voluntary medical condition alert registry in public housing of the
city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new article
12-A to read as follows:
ARTICLE 12-A
PUBLIC HOUSING VOLUNTARY MEDICAL ALERT PROGRAM
SECTION 310. SHORT TITLE.
311. LEGISLATIVE FINDINGS.
312. DEFINITIONS.
313. VOLUNTARY MEDICAL ALERT REGISTRY.
314. FEES.
315. LIABILITY.
316. SEVERABILITY.
S 310. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "PUBLIC HOUSING VOLUNTARY MEDICAL ALERT PROGRAM".
S 311. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT:
(1) THE STATE HAS A DUTY TO PROVIDE PUBLIC HOUSING THAT IS DECENT AND
SAFE FOR ALL TENANTS;
(2) THE EXPANSION OF LAW ENFORCEMENT POWERS, INCLUDING BUT NOT LIMITED
TO THE EXECUTION OF "NO KNOCK" WARRANTS, HAS BEEN UTILIZED IN PUBLIC
HOUSING PROJECTS, ESPECIALLY IN CITIES OF ONE MILLION OR MORE PERSONS;
(3) LAW ENFORCEMENT PERSONNEL NEED TO BE INFORMED AT THE EARLIEST
POSSIBLE TIME OF THE PRESENCE OF A TENANT WITH A DEBILITATING OR LIFE
THREATENING MEDICAL CONDITION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05394-01-9
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(4) AGGRAVATING SUCH A MEDICAL CONDITION MAY BE AN UNINTENTIONAL
CONSEQUENCE OF LOCALIZED OR EMERGENCY MEDICAL, FIRE, OR LAW ENFORCEMENT
ACTIVITY LEADING TO POSSIBLE CIVIL, MUNICIPAL, AND STATE LIABILITY;
(5) PROVIDING TENANTS WITH A PUBLIC HOUSING VOLUNTARY MEDICAL ALERT
REGISTRY AND CORRESPONDING MEDICAL ALERT DECAL FOR THE TENANT'S APART-
MENT DOOR IS ONE WAY TO PROVIDE LAW ENFORCEMENT PERSONNEL AND EMERGENCY
MEDICAL PERSONNEL WITH IMMEDIATE NOTICE, AND IS IN THE PUBLIC INTEREST.
S 312. DEFINITIONS. "ELIGIBLE TENANT" MEANS EACH TENANT OF RECORD AND
EACH FAMILY MEMBER OF SUCH TENANT, AS FAMILY MEMBER IS DEFINED IN SUBDI-
VISION FOUR OF SECTION FOURTEEN OF THIS CHAPTER, AND WHO HAS A DEBILI-
TATING OR LIFE THREATENING MEDICAL CONDITION THAT COULD BE AGGRAVATED BY
THE PRESENCE OF EMERGENCY MEDICAL, FIRE, OR LAW ENFORCEMENT ACTIVITY AT
OR NEAR SUCH TENANT'S APARTMENT.
S 313. VOLUNTARY MEDICAL ALERT REGISTRY. (1) THE COMMISSIONER SHALL
ESTABLISH A VOLUNTARY MEDICAL ALERT REGISTRY AT EACH PUBLIC HOUSING
MANAGEMENT OFFICE SITE IN CITIES WITH ONE MILLION OR MORE PERSONS. SUCH
REGISTRY SHALL BE MAINTAINED BY A DESIGNATED HOUSING AUTHORITY EMPLOYEE
AT EACH LOCAL PUBLIC HOUSING SITE. SUCH REGISTRY SHALL INCLUDE, BUT NOT
BE LIMITED TO, EACH ELIGIBLE TENANT'S NAME, ADDRESS, AND A BRIEF LETTER
FROM THE ELIGIBLE TENANT'S DOCTOR VERIFYING THAT THE TENANT HAS A DEBIL-
ITATING OR LIFE THREATENING MEDICAL CONDITION THAT COULD BE AGGRAVATED
BY THE PRESENCE OF EMERGENCY MEDICAL, FIRE, OR LAW ENFORCEMENT ACTIVITY
AT OR NEAR THE TENANT'S APARTMENT. SUCH REGISTRY SHALL NOT REQUIRE A
SPECIFIC MEDICAL DIAGNOSIS IN ORDER TO PROTECT THE ELIGIBLE TENANT'S
MEDICAL PRIVACY. SUCH REGISTRY SHALL BE UPDATED WHENEVER THE TENANT'S
MEDICAL CONDITION CHANGES OR AT THE TENANT'S ANNUAL PUBLIC HOUSING
RECERTIFICATION OR LEASE RENEWAL, WHICHEVER IS SOONER.
(2) THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH
AND OTHER PUBLIC HEALTH PROFESSIONALS, SHALL ESTABLISH A LIST OF POSSI-
BLE MEDICAL CONDITIONS THAT MAY BE LIFE THREATENING IF AGGRAVATED BY
EMERGENCY MEDICAL, FIRE, OR LAW ENFORCEMENT ACTIVITY. THIS LIST SHALL BE
DISTRIBUTED TO LOCAL HOUSING AUTHORITIES AS AN AID TO EMPLOYEES AND
TENANTS.
(3) THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH
AND OTHER PUBLIC HEALTH PROFESSIONALS, SHALL CREATE OR HAVE CREATED A
DECAL WITH A DISTINCTIVE SYMBOL REPRESENTING MEDICAL ALERT. SUCH DECAL
SHALL BE ISSUED BY THE DESIGNATED HOUSING AUTHORITY EMPLOYEE CHARGED
WITH MAINTAINING THE VOLUNTARY MEDICAL ALERT REGISTRY. THE COMMISSIONER
SHALL PROMULGATE GUIDELINES FOR THE ISSUANCE OF SUCH DECAL AND DISTRIB-
UTE SUCH GUIDELINES TO THE LOCAL HOUSING AUTHORITIES AND TO LOCAL EMER-
GENCY MEDICAL, FIRE FIGHTING AND LAW ENFORCEMENT OFFICIALS. SUCH ENTI-
TIES SHALL EXERCISE DUE CARE WHEN RESPONDING TO AN EMERGENCY AT OR NEAR
AN APARTMENT BEARING SUCH SYMBOL.
(4) EACH TENANT OF RECORD SHALL BE NOTIFIED IN WRITING AS SOON AS SUCH
REGISTRY IS ESTABLISHED. EACH ELIGIBLE TENANT, WHO VOLUNTEERS TO PARTIC-
IPATE IN THE MEDICAL ALERT PROGRAM, SHALL PROVIDE HIS OR HER LOCAL
PUBLIC HOUSING MANAGEMENT OFFICE WITH A LETTER FROM HIS OR HER DOCTOR
VERIFYING THE EXISTENCE OF A DEBILITATING OR LIFE THREATENING MEDICAL
CONDITION THAT COULD BE AGGRAVATED BY THE PRESENCE OF EMERGENCY MEDICAL,
FIRE, OR LAW ENFORCEMENT ACTIVITY AT OR NEAR THE TENANT'S APARTMENT. THE
LOCAL HOUSING AUTHORITY SHALL ISSUE TO EACH PARTICIPATING TENANT THE
MEDICAL ALERT DECAL TO BE AFFIXED TO SUCH TENANT'S APARTMENT DOOR. IF
MORE THAN ONE ELIGIBLE TENANT OCCUPIES THE SAME APARTMENT, ONLY ONE
DECAL SHALL BE ISSUED. EACH ELIGIBLE TENANT SHALL PROVIDE UPDATED
DOCUMENTATION OF SUCH MEDICAL CONDITION WHENEVER A CHANGE IN THE CONDI-
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TION OCCURS OR AT SUCH TENANT'S ANNUAL RECERTIFICATION OR LEASE RENEWAL,
WHICHEVER IS SOONER.
(5) THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO FURTHER IMPLEMENT AND ENFORCE THIS ARTICLE.
S 314. FEES. THE COMMISSIONER IS AUTHORIZED TO CHARGE A NOMINAL,
ADMINISTRATIVE FEE OF TEN DOLLARS PER DECAL ISSUED. LOST, STOLEN OR
DAMAGED DECALS MAY BE REPLACED AT NO COST TO THE TENANT UPON THE FIRST
REQUEST, AND FOR A NOMINAL FEE OF TWO DOLLARS FOR EACH REQUEST THEREAFT-
ER. SUCH FEES MAY BE PAID IN INSTALLMENTS BY SUCH TENANT OR BE WAIVED BY
THE LOCAL HOUSING AUTHORITY, FOR GOOD CAUSE SHOWN.
S 315. LIABILITY. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTO-
MATICALLY INCREASE OR DECREASE CIVIL, MUNICIPAL OR STATE LIABILITY FOR
THE WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR RECKLESS ACTIONS OF ITS
EMPLOYEES. EVIDENCE OF THE PRESENCE OF SUCH DECAL ON AN ELIGIBLE
TENANT'S DOOR SHALL BE CONSIDERED ONE FACTOR TO ASSIST A TRIER OF FACT
IN DETERMINING WHETHER THE STATE ACTORS INVOLVED HAD NOTICE OF SUCH
TENANT'S MEDICAL CONDITION AND WHETHER SUCH ACTORS EXERCISED REASONABLE
CARE UNDER THE CIRCUMSTANCES.
S 316. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS ADJUDGED INVALID BY A
COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL NOT AFFECT OR
IMPAIR THE VALIDITY OF THE OTHER PROVISIONS OF THIS ARTICLE OR THE
APPLICATION THEREOF TO OTHER PERSONS AND CIRCUMSTANCES.
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.