Senate Bill S5530

2009-2010 Legislative Session

Establishes the state division of AIDS services

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Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to social services
May 14, 2009	referred to social services

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2009-S5530 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §138, Soc Serv L

2009-S5530 (ACTIVE) - Summary

Establishes the state division of AIDS services within the office of temporary and disability assistance to provide access to benefits and services to every person with clinical/symptomatic HIV illness requesting assistance and to ensure the provision of benefits and services to such eligible persons; defines terms.

2009-S5530 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5530

 TITLE OF BILL :
An act to amend the social services law, in relation to establishing
the state division of AIDS services


 PURPOSE :
To provide for a State Division of AIDS services within the Office of
Temporary and Disability Assistance which will provide access to
benefits and services to every person with clinical/symptomatic HIV
illness and shall ensure the provision of benefits and services to
eligible persons.

 SUMMARY OF PROVISIONS :
Section One adds a new section, § 138 to the Social Services law
creating a State Division of AIDS Services within the Office of
Temporary and Disability Assistance. This Division shall provide
access to benefits and services to every person in New York State with
clinical/symptomatic HIV illness as determined by the New York State
Department of Health's AIDS Institute, or with AIDS, as defined by the
federal centers for disease control and prevention, who requests
assistance, and shall ensure the provision of benefits and services to
eligible persons.

The Commissioner shall direct staff of the Division of AIDS services

to provide persons with clinical/symptomatic HIV illness:

(a) Intensive case management with an average ration which shall not
exceed one caseworker or supervisor to twenty-five family cases, and
with an overall average ratio for all cases which shall not exceed one
case worker or supervisor to thirty-four cases.

(b) Transportation and nutrition allowances, Notwithstanding these
requirements, in the event of a material reduction in New York's
funding allocation, the Commissioner may modify such amount of
allowances.

The Commissioner shall direct staff of the Division to provide access
to benefits and services to every eligible person with HIV illness or
with AIDS who request assistance, and shall ensure the provision of
benefits to eligible persons. Such benefits shall include, but not
limited to, medically appropriate transitional and permanent housing,
Medicaid and other health related services: long term care and
services provided by a certified home health agency, long term home
health care program or AIDS home care program; food stamps;
preventative services, including rent subsidies; financial benefits;
and intensive care management. The Commissioner shall have the
authority to provide access to additional benefits and services and
ensure the provision of such additional benefits and services whenever
deemed appropriate.

The requirements with respect to such access and eligibility of
benefits shall not be more than those requirements mandated by state
or federal statute, law, rule or regulation.

Where a person with HIV illness or AIDS indicates that one or more
minor children reside with him or her or are in his or her care or
custody, such person shall be given information and program referrals
on child care options and custody planning, including the availability
of standby guardianship.  The bill provides a time frame in which the
Commissioner must draft, publish and implement rules and guidelines
for the newly created Division of AIDS Services, The bill further
requires the Commissioner to issue a report to the Legislature and the
Governor outlining the numbers of those who apply for services and the
services provided.
Finally, the bill provides that there shall be an advisory board to
advise the Commissioner on the provision of benefits and services and
access to benefits and services to persons with HIV or AIDS.

 EXISTING LAW :
New bill.

 JUSTIFICATION :
New York has one of the highest number of people infected with the
HIV/AIDS virus in the country, As a result there is large demand for
HIV/AIDS related services ranging from medical, housing, financial,
child care, nutritional, transportation and long term care. Receiving
these benefits can be a daunting task because these services come from
several different agencies, The process of applying for benefits is
confusing and time consuming. For some this may result in abandoning
the process altogether while some may be unaware of the benefits
available to them.

The Division of AIDS Services would serve as a clearinghouse for all
of these services. A person who believes they are eligible for
benefits would apply at the Division of AIDS Services. The Division
would then notify the person of the services available to him/her and
assign a case manager who will serve as a liaison between the various
agencies and the client The Division will insure that people will
receive the full benefit of the services available to them.

This bill is modeled after the successful Division of AIDS Services
created by the City of New York.

 LEGISLATIVE HISTORY :
2002: S.6035/A.9678 Died in Senate/Assembly Social Services Committee
2003-2004: S.5024 Died in Senate Social Services Committee
2005-2006: S.2291 Died in Senate Social Services Committee

 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5530 (ACTIVE) - Bill Text download pdf

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

                                  5530

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to establishing the
  state division of AIDS services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
138 to read as follows:
  S 138. DIVISION OF AIDS SERVICES. 1. THERE SHALL BE A  STATE  DIVISION
OF  AIDS  SERVICES WITHIN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE. SUCH DIVISION SHALL PROVIDE ACCESS TO  BENEFITS  AND  SERVICES  AS
DEFINED  IN  SUBDIVISION  THREE  OF  THIS  SECTION  TO EVERY PERSON WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS, AS DETERMINED BY THE  NEW  YORK  STATE
DEPARTMENT  OF  HEALTH  AIDS  INSTITUTE, OR WITH AIDS, AS DEFINED BY THE
FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION, WHO REQUESTS ASSIST-
ANCE, AND SHALL ENSURE THE PROVISION OF BENEFITS AND SERVICES TO  ELIGI-
BLE  PERSONS  AS  DEFINED  IN  SUBDIVISION  THREE  OF  THIS SECTION WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS.
  2. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
ANCE  SHALL  DIRECT  STAFF  OF  THE  STATE  DIVISION OF AIDS SERVICES TO
PROVIDE TO PERSONS WITH CLINICAL/SYMPTOMATIC HIV ILLNESS, AS  DETERMINED
BY  THE  NEW  YORK STATE DEPARTMENT OF HEALTH AIDS INSTITUTE, OR PERSONS
WITH AIDS, AS DEFINED BY THE FEDERAL CENTERS  FOR  DISEASE  CONTROL  AND
PREVENTION, WHO SATISFY THE INCOME ELIGIBILITY REQUIREMENTS FOR MEDICAID
AS  SET FORTH IN U.S.C. 1396 ET SEQ.: (A) INTENSIVE CASE MANAGEMENT WITH
AN AVERAGE RATIO WHICH SHALL NOT EXCEED ONE CASEWORKER OR SUPERVISOR  TO
TWENTY-FIVE  FAMILY  CASES,  AND  WITH  AN OVERALL AVERAGE RATIO FOR ALL
CASES WHICH SHALL NOT EXCEED ONE CASEWORKER OR SUPERVISOR TO THIRTY-FOUR
CASES; AND (B) TRANSPORTATION AND NUTRITION ALLOWANCES.  SUCH  TRANSPOR-
TATION AND NUTRITION ALLOWANCES SHALL BE PROVIDED TO EACH SUCH PERSON IN
AN  AMOUNT NOT LESS THAN THE AMOUNT PER PERSON PROVIDED ON THE EFFECTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01285-01-9

S. 5530                             2

DATE OF THIS SECTION. NOTWITHSTANDING THE REQUIREMENTS OF THIS  SUBDIVI-
SION,  IN  THE EVENT OF A MATERIAL  REDUCTION IN THE STATE OF NEW YORK'S
FUNDING ALLOCATION, THE COMMISSIONER OF  THE  OFFICE  OF  TEMPORARY  AND
DISABILITY ASSISTANCE MAY MODIFY SUCH AMOUNT OF ALLOWANCES.
  3.    (A) WHENEVER USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (1) "ACCESS TO BENEFITS AND SERVICES"  SHALL  MEAN  THE  PROVISION  OF
ASSISTANCE    BY    STAFF   OF   THE   DIVISION   TO   A   PERSON   WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS AT A  SINGLE  LOCATION  IN
ORDER  TO APPLY FOR PUBLICLY SUBSIDIZED BENEFITS AND SERVICES, TO ESTAB-
LISH ANY AND ALL ELEMENTS OF ELIGIBILITY INCLUDING, BUT NOT LIMITED  TO,
THOSE ELEMENTS REQUIRED TO BE ESTABLISHED FOR FINANCIAL BENEFITS, AND TO
MAINTAIN  SUCH  ELIGIBILITY  AND  SHALL  INCLUDE, BUT NOT BE LIMITED TO,
ASSISTANCE PROVIDED BY THE OFFICE, AT  THE  HOME  OF  THE  APPLICANT  OR
RECIPIENT,  AT A HOSPITAL WHERE SUCH APPLICANT OR RECIPIENT IS A PATIENT
OR AT ANOTHER LOCATION, IN  ASSEMBLING  SUCH  DOCUMENTATION  AS  MAY  BE
NECESSARY  TO ESTABLISH ANY AND ALL ELEMENTS OF ELIGIBILITY AND TO MAIN-
TAIN SUCH ELIGIBILITY;
  (2) "DIVISION" SHALL MEAN THE  STATE  DIVISION  OF  AIDS  SERVICES  AS
ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION;
  (3)  "ELIGIBLE PERSON" SHALL MEAN A PERSON WHO SATISFIES THE ELIGIBIL-
ITY REQUIREMENTS ESTABLISHED PURSUANT  TO  APPLICABLE  LOCAL,  STATE  OR
FEDERAL  STATUTE,  LAW, RULE OR REGULATION FOR THE BENEFITS AND SERVICES
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION OR FOR ANY OTHER BENEFITS
AND SERVICES DEEMED APPROPRIATE BY THE COMMISSIONER;
  (4) "MEDICALLY APPROPRIATE TRANSITIONAL AND PERMANENT  HOUSING"  SHALL
MEAN  HOUSING  WHICH  IS  SUITABLE FOR PERSONS WITH SEVERELY COMPROMISED
IMMUNE SYSTEMS, AND IF NECESSARY, ACCESSIBLE TO PERSONS  WITH  DISABILI-
TIES.  SUCH  HOUSING  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, INDIVIDUAL
REFRIGERATED FOOD AND MEDICINE STORAGE AND ADEQUATE BATHROOM  FACILITIES
WHICH  SHALL,  AT  A MINIMUM, PROVIDE AN EFFECTIVE LOCKING MECHANISM AND
ANY OTHER SUCH MEASURES AS ARE NECESSARY TO ENSURE PRIVACY;
  (5) "PERSON WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS"  SHALL
MEAN   A   PERSON   WHO   HAS   AT   ANY   TIME   BEEN   DIAGNOSED  WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS, AS  DETERMINED BY THE NEW  YORK  STATE
DEPARTMENT  OF  HEALTH AIDS INSTITUTE, OR A PERSON WITH AIDS, AS DEFINED
BY THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION;
  (6) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE; AND
  (7) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE.
  (B) THE COMMISSIONER SHALL DIRECT STAFF OF  THE  DIVISION  TO  PROVIDE
ACCESS   TO   BENEFITS  AND  SERVICES  TO  EVERY  ELIGIBLE  PERSON  WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS WHO  REQUESTS  ASSISTANCE,
AND  SHALL  ENSURE  THE  PROVISION  OF BENEFITS AND SERVICES TO ELIGIBLE
PERSONS WITH CLINICAL/SYMPTOMATIC HIV ILLNESS AND WITH AIDS. ANY  ELIGI-
BLE PERSON SHALL RECEIVE ONLY THOSE BENEFITS AND SERVICES FOR WHICH SUCH
PERSON QUALIFIES IN ACCORDANCE WITH THE APPLICABLE ELIGIBILITY STANDARDS
ESTABLISHED  PURSUANT  TO  LOCAL, STATE OR FEDERAL STATUTE, LAW, RULE OR
REGULATION. SUCH BENEFITS AND SERVICES SHALL INCLUDE, BUT NOT BE LIMITED
TO: MEDICALLY APPROPRIATE TRANSITIONAL AND PERMANENT HOUSING;  MEDICAID,
AS  SET  FORTH  IN  42  U.S.C.    1396  ET SEQ. AND OTHER HEALTH-RELATED
SERVICES; LONG TERM CARE AND  SERVICES  PROVIDED  BY  A  CERTIFIED  HOME
HEALTH  AGENCY,  LONG  TERM  HOME  HEALTH CARE PROGRAM OR AIDS HOME CARE
PROGRAM AUTHORIZED PURSUANT TO ARTICLE THIRTY-SIX OF THE  PUBLIC  HEALTH
LAW; PERSONAL CARE SERVICES PURSUANT TO THIS ARTICLE; HOMEMAKER SERVICES

S. 5530                             3

AS  DEFINED  IN SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE
PUBLIC HEALTH LAW; FOOD STAMPS IN ACCORDANCE WITH SECTION NINETY-FIVE OF
THIS CHAPTER; TRANSPORTATION AND NUTRITION  ALLOWANCES  AS  REQUIRED  BY
SUBDIVISION  TWO  OF THIS SECTION; PREVENTATIVE SERVICES, INCLUDING RENT
SUBSIDIES, IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-A OF THIS  CHAP-
TER;  FINANCIAL  BENEFITS;  AND INTENSIVE CASE MANAGEMENT AS REQUIRED BY
SUBDIVISION TWO OF THIS SECTION. THE COMMISSIONER SHALL HAVE THE AUTHOR-
ITY TO PROVIDE ACCESS TO ADDITIONAL BENEFITS AND SERVICES AND ENSURE THE
PROVISION OF SUCH  ADDITIONAL  BENEFITS  AND  SERVICES  WHENEVER  DEEMED
APPROPRIATE.  THE REQUIREMENTS WITH RESPECT TO SUCH ACCESS TO AND ELIGI-
BILITY FOR BENEFITS AND SERVICES SHALL  NOT  BE  MORE  RESTRICTIVE  THAN
THOSE  REQUIREMENTS  MANDATED  BY STATE OR FEDERAL STATUTE, LAW, RULE OR
REGULATION. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE  OF  THIS  SECTION,
THE COMMISSIONER SHALL ESTABLISH CRITERIA PURSUANT TO WHICH AN APPLICANT
SHALL  BE ENTITLED TO A HOME OR HOSPITAL VISIT FOR THE PURPOSE OF ESTAB-
LISHING ELIGIBILITY AND APPLYING FOR BENEFITS AND SERVICES.
  (C)(1) UPON WRITTEN OR ORAL APPLICATION TO THE DIVISION OR  SUBMISSION
OF DOCUMENTS REQUIRED TO ESTABLISH ELIGIBILITY FOR BENEFITS AND SERVICES
BY  A  PERSON  WITH  CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS, SUCH
PERSON SHALL IMMEDIATELY BE PROVIDED WITH A RECEIPT WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO,  THE  DATE,  A  DESCRIPTION  OF  THE  INFORMATION
RECEIVED,  AND  A STATEMENT AS TO WHETHER ANY APPLICATION FOR SUCH BENE-
FITS AND SERVICES IS COMPLETE OR INCOMPLETE,  AND  IF  INCOMPLETE,  SUCH
RECEIPT SHALL IDENTIFY  ANY INFORMATION OR DOCUMENTS NEEDED IN ORDER FOR
THE APPLICATION TO BE DEEMED COMPLETE.
  (2)  WHERE  NO STATUTE, LAW, RULE OR REGULATION PROVIDES A TIME PERIOD
WITHIN WHICH A BENEFIT OR SERVICE  SHALL  BE  PROVIDED  TO  AN  ELIGIBLE
PERSON  WHO  REQUESTS SUCH A BENEFIT OR SERVICE, SUCH BENEFIT OR SERVICE
SHALL  BE  PROVIDED  NO  LATER  THAN  TWENTY  BUSINESS  DAYS   FOLLOWING
SUBMISSION  OF  ALL  INFORMATION  OR DOCUMENTATION REQUIRED TO DETERMINE
ELIGIBILITY.
  (D) WHERE A PERSON WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH  AIDS
WHO  APPLIES  FOR  BENEFITS  AND  SERVICES,  OR  ACCESS  TO BENEFITS AND
SERVICES, INDICATES THAT ONE OR MORE MINOR CHILDREN RESIDE WITH  HIM  OR
HER  OR  ARE  IN  HIS OR HER CARE OR CUSTODY, SUCH PERSON SHALL BE GIVEN
INFORMATION AND PROGRAM REFERRALS ON  CHILD  CARE  OPTIONS  AND  CUSTODY
PLANNING, INCLUDING THE AVAILABILITY OF STANDBY GUARDIANSHIP PURSUANT TO
SECTION  SEVENTEEN HUNDRED TWENTY-SIX OF THE SURROGATE'S COURT PROCEDURE
ACT AND REFERRAL TO LEGAL ASSISTANCE PROGRAMS.
  (E) RECERTIFICATION OF ELIGIBILITY, AS REQUIRED BY ANY STATE OR FEDER-
AL LAW, STATUTE, RULE OR REGULATION SHALL BE CONDUCTED NO MORE FREQUENT-
LY THAN MANDATED BY SUCH STATUTE, LAW, RULE OR REGULATION.
  (F)  ELIGIBILITY  FOR  BENEFITS  AND   SERVICES   FOR   PERSONS   WITH
CLINICAL/SYMPTOMATIC  HIV  ILLNESS  OR  WITH  AIDS MAY NOT BE TERMINATED
EXCEPT WHERE THE RECIPIENT IS DETERMINED TO NO LONGER SATISFY  ELIGIBIL-
ITY REQUIREMENTS, IS DECEASED, OR UPON CERTIFICATION BY THE COMMISSIONER
THAT  THE  RECIPIENT  CANNOT  BE  LOCATED TO VERIFY HIS OR HER CONTINUED
ELIGIBILITY FOR BENEFITS AND SERVICES. IN THE LATTER  CIRCUMSTANCE,  THE
DIVISION  SHALL  CONDUCT  A  REASONABLE GOOD FAITH SEARCH FOR AT LEAST A
NINETY DAY PERIOD TO LOCATE THE  RECIPIENT,  INCLUDING  SENDING  WRITTEN
NOTICE  BY  CERTIFIED  MAIL, RETURN RECEIPT REQUESTED, TO THE LAST KNOWN
ADDRESS OF SUCH RECIPIENT, REQUIRING THE RECIPIENT TO CONTACT THE  DIVI-
SION WITHIN TEN DAYS.
  (G) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
THE  COMMISSIONER SHALL PREPARE A DRAFT POLICY AND PROCEDURES MANUAL FOR
DIVISION STAFF. SUCH POLICY AND PROCEDURES MANUAL SHALL INCLUDE, BUT NOT

S. 5530                             4

BE LIMITED TO, STRICT GUIDELINES ON MAINTAINING THE  CONFIDENTIALITY  OF
THE  IDENTITY  OF AND INFORMATION RELATING TO ALL APPLICANTS AND RECIPI-
ENTS, INSTRUCTIONAL MATERIALS RELATING TO THE MEDICAL AND  PSYCHOLOGICAL
NEEDS  OF  PERSONS  WITH  CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS,
APPLICATION PROCEDURES, ELIGIBILITY STANDARDS, MANDATED TIME PERIODS FOR
THE PROVISION OF EACH BENEFIT AND SERVICE AVAILABLE  TO  APPLICANTS  AND
RECIPIENTS   AND   ADVOCACY   RESOURCES   AVAILABLE   TO   PERSONS  WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS. SUCH  LISTS  OF  ADVOCACY
RESOURCES  SHALL  BE UPDATED SEMI-ANNUALLY. WITHIN THIRTY DAYS FOLLOWING
THE PREPARATION OF SUCH DRAFT POLICY AND PROCEDURES MANUAL AND PRIOR  TO
THE PREPARATION OF A FINAL POLICY AND PROCEDURES MANUAL, THE COMMISSION-
ER  SHALL  DISTRIBUTE  SUCH  DRAFT  POLICY  AND PROCEDURES MANUAL TO ALL
SOCIAL SERVICES AGENCIES AND ORGANIZATIONS THAT CONTRACT WITH THE OFFICE
TO PROVIDE HIV-RELATED SERVICES AND TO ALL OTHERS WHOM THE  COMMISSIONER
DEEMS  APPROPRIATE, AND HOLD NO FEWER THAN ONE NOTICED PUBLIC HEARING AT
A SITE ACCESSIBLE TO THE DISABLED, AT WHICH ADVOCATES,  SERVICE  PROVID-
ERS,  PERSONS  WHO HAVE TESTED POSITIVE FOR HIV, AND ANY OTHER MEMBER OF
THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO COMMENT ON SUCH DRAFT POLICY
AND PROCEDURES MANUAL. THE COMMISSIONER SHALL PREPARE A FINAL POLICY AND
PROCEDURES MANUAL WITHIN THIRTY DAYS AFTER THE CONCLUSION OF SUCH  HEAR-
ING AND SHALL THEREAFTER REVIEW AND WHERE APPROPRIATE, REVISE SUCH POLI-
CY  AND  PROCEDURES  MANUAL  ON  AN ANNUAL BASIS. THE COMMISSIONER SHALL
PROVIDE FOR SEMI-ANNUAL TRAINING, USING SUCH POLICY AND PROCEDURES MANU-
AL, FOR ALL DIVISION STAFF.
  (H) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL PUBLISH A PROPOSED RULE ESTABLISHING  A  BILL  OF
RIGHTS  FOR  PERSONS WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS.
SUCH DRAFT BILL OF RIGHTS SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  AN
EXPLANATION  OF  THE  BENEFITS  AND  SERVICES  FOR  WHICH  PERSONS  WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS MAY BE  ELIGIBLE;  TIMETA-
BLES WITHIN WHICH SUCH BENEFITS AND SERVICES SHALL BE PROVIDED TO ELIGI-
BLE  PERSONS;  AN EXPLANATION OF AN APPLICANT'S AND RECIPIENT'S RIGHT TO
EXAMINE HIS OR HER FILE AND THE PROCEDURE FOR DISPUTING ANY  INFORMATION
CONTAINED  THEREIN;  AN  EXPLANATION  OF  AN APPLICANT'S AND RECIPIENT'S
RIGHT TO A HOME OR HOSPITAL VISIT FOR THE PURPOSE  OF  APPLYING  FOR  OR
MAINTAINING  BENEFITS  OR  SERVICES;  AN  EXPLANATION OF THE PROCESS FOR
REQUESTING A DIVISION CONFERENCE OR  FAIR  HEARING  IN  ACCORDANCE  WITH
SECTION  TWENTY-TWO  OF  THIS  CHAPTER;  AND A SUMMARY OF THE RIGHTS AND
REMEDIES FOR THE REDRESS OF DISCRIMINATION.  WITHIN SIXTY DAYS FOLLOWING
THE PUBLICATION OF SUCH PROPOSED RULE, AND PRIOR TO THE PUBLICATION OF A
FINAL RULE, THE COMMISSIONER SHALL HOLD NO FEWER THAN ONE NOTICED PUBLIC
HEARING AT A SITE ACCESSIBLE TO THE DISABLED AT WHICH ADVOCATES, SERVICE
PROVIDERS, PERSONS WHO HAVE TESTED  POSITIVE  FOR  HIV,  AND  ANY  OTHER
MEMBER  OF  THE  PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO COMMENT ON SUCH
DRAFT BILL OF RIGHTS. THE COMMISSIONER SHALL PUBLISH A FINAL RULE WITHIN
THIRTY DAYS AFTER THE CONCLUSION OF SUCH HEARING  AND  SHALL  THEREAFTER
REVIEW,  AND  WHERE APPROPRIATE, REVISE SUCH BILL OF RIGHTS ON AN ANNUAL
BASIS. SUCH BILL OF RIGHTS SHALL BE CONSPICUOUSLY POSTED IN ALL DIVISION
OFFICES THAT ARE OPEN TO THE PUBLIC AND SHALL BE AVAILABLE FOR  DISTRIB-
UTION TO THE PUBLIC IN ENGLISH, SPANISH AND ANY OTHER LANGUAGES THAT THE
COMMISSIONER DEEMS APPROPRIATE.
  (I)  NOT  LATER  THAN  NINETY  DAYS  FROM  THE  EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER SHALL ESTABLISH  A  POLICY  OR  PROCEDURE  FOR
OVERSEEING  AND MONITORING THE DELIVERY OF SERVICES REQUIRED PURSUANT TO
THIS SECTION TO PERSONS WITH CLINICAL/SYMPTOMATIC HIV  ILLNESS  OR  WITH
AIDS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, QUALITY ASSURANCE MEAS-

S. 5530                             5

UREMENTS.  THE COMMISSIONER SHALL SUBMIT SUCH POLICY OR PROCEDURE TO THE
GOVERNOR, SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY  PRESIDENT  OF  THE
SENATE IN WRITING WITHIN TEN DAYS FROM THE DATE SUCH POLICY OR PROCEDURE
IS ESTABLISHED.
  (J)  BEGINNING ON SEPTEMBER FIRST, TWO THOUSAND NINE, AND ON THE FIRST
DAY OF EACH CALENDAR QUARTER THEREAFTER, THE COMMISSIONER SHALL SUBMIT A
WRITTEN REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, MINORITY LEADER
OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY
LEADER OF THE SENATE, PROVIDING THE FOLLOWING INFORMATION  DISAGGREGATED
ON  BOTH  A  QUARTERLY  AND ANNUALIZED BASIS: THE NUMBER OF PERSONS WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS WHO REQUESTED THE BENEFITS
AND SERVICES SET FORTH IN PARAGRAPH (B)  OF  THIS  SUBDIVISION  AND  ANY
OTHER  BENEFITS PROVIDED BY THE COMMISSIONER, DISAGGREGATED BY THE FIELD
OFFICE AND BY THE TYPE OF BENEFIT OR SERVICE REQUESTED, AND THE  AVERAGE
LENGTH  OF  TIME REQUIRED TO PROCESS SUCH REQUESTS, DISAGGREGATED BY THE
FIELD OFFICE AND BY THE TYPE OF BENEFIT OR SERVICE REQUESTED; THE NUMBER
OF PERSONS WITH  CLINICAL/SYMPTOMATIC  HIV  ILLNESS  OR  WITH  AIDS  WHO
REQUESTED BENEFITS AND SERVICES AND WERE DETERMINED TO BE INELIGIBLE FOR
SUCH  BENEFITS  AND  SERVICES, DISAGGREGATED BY THE FIELD OFFICE, BY THE
TYPE OF BENEFIT OR SERVICE REQUESTED, AND BY THE REASON FOR SUCH  DETER-
MINATIONS;  THE  NUMBER  OF DEPARTMENT STAFF, BY JOB TITLE, WHOSE DUTIES
INCLUDE PROVIDING BENEFITS  AND  SERVICES  OR  ACCESS  TO  BENEFITS  AND
SERVICES  PURSUANT TO THIS SECTION, THE NUMBER OF RECIPIENTS, THE NUMBER
OF CASES AND THE NUMBER OF REQUESTS FOR ASSISTANCE, DISAGGREGATED BY THE
FIELD OFFICE; THE AVERAGE LENGTH OF TIME FROM THE  INITIAL  REQUEST  FOR
BENEFITS  AND  SERVICES TO SUBMISSION OF A COMPLETE APPLICATION FOR SUCH
BENEFITS AND SERVICES, THE AVERAGE LENGTH OF  TIME  FROM  SUBMISSION  OF
SUCH  COMPLETE  APPLICATION  TO  GRANT  OR  DENIAL  OF  THE BENEFITS AND
SERVICES REQUESTED, AND THE AVERAGE LENGTH OF TIME  FROM  THE  GRANT  OF
SUCH  BENEFITS  AND  SERVICES  TO  THE  PROVISION  OF  SUCH BENEFITS AND
SERVICES, DISAGGREGATED BY THE FIELD OFFICE AND BY THE TYPE  OF  BENEFIT
OR  SERVICE  REQUESTED;  THE  AVERAGE  LENGTH  OF  TIME FROM THE INITIAL
REQUEST FOR AN EXCEPTION TO POLICY TO APPROVE ENHANCED RENTAL ASSISTANCE
TO THE APPROVAL OR DISAPPROVAL OF SUCH EXCEPTION AND THE AVERAGE  LENGTH
OF  TIME  FROM  THE  APPROVAL  OF SUCH EXCEPTION TO THE ISSUANCE OF SUCH
ENHANCED RENTAL ASSISTANCE,  DISAGGREGATED  BY  THE  FIELD  OFFICE;  THE
NUMBER  OF  REQUESTS  FOR  EMERGENCY  HOUSING  ASSISTANCE, THE NUMBER OF
PERSONS REFERRED TO THE EMERGENCY ASSISTANCE UNIT OF THE  DEPARTMENT  OF
HOMELESS  SERVICES,  THE NUMBER OF PERSONS REFERRED TO COMMERCIAL SINGLE
ROOM OCCUPANCY HOTELS AND THE AVERAGE LENGTH OF STAY, AND THE NUMBER  OF
PERSONS  REFERRED TO PERMANENT HOUSING; THE NUMBER OF PERSONS REQUESTING
SUPPORTIVE HOUSING PLACEMENTS, THE NUMBER OF PERSONS  REFERRED  TO  SUCH
SUPPORTIVE HOUSING AND THE AVERAGE LENGTH OF TIME FROM REQUEST TO PLACE-
MENT;  THE  NUMBER OF CASES CLOSED, DISAGGREGATED BY FIELD OFFICE AND BY
THE REASONS FOR SUCH CLOSURE, THE NUMBER OF SUCH CLOSED CASES THAT  WERE
RE-OPENED AND THE AVERAGE LENGTH OF TIME REQUIRED TO RE-OPEN SUCH CLOSED
CASES;  THE NUMBER OF ADMINISTRATIVE FAIR HEARINGS REQUESTED, THE NUMBER
OF FAIR HEARING DECISIONS IN FAVOR OF APPLICANTS AND RECIPIENTS AND  THE
AVERAGE LENGTH OF TIME FOR COMPLIANCE WITH SUCH A FAIR HEARING DECISION;
AND   THE   NUMBER   OF   PROCEEDINGS   INITIATED  PURSUANT  TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES CHALLENGING FAIR HEAR-
ING  DECISIONS,  AND  THE  NUMBER  OF  ARTICLE  SEVENTY-EIGHT  DECISIONS
RENDERED  IN FAVOR OF APPLICANTS OR RECIPIENTS. FOR THE PURPOSES OF THIS
SUBDIVISION, "FIELD OFFICE" SHALL MEAN ANY OFFICE OF THE  DEPARTMENT  AT
WHICH  PERSONS  WITH  CLINICAL/SYMPTOMATIC  HIV ILLNESS OR WITH AIDS MAY
ACCESS BENEFITS AND SERVICES.

S. 5530                             6

  (K) THERE SHALL BE AN ADVISORY BOARD TO ADVISE THE COMMISSIONER ON THE
PROVISION OF BENEFITS AND SERVICES AND ACCESS TO BENEFITS  AND  SERVICES
TO  PERSONS  WITH  CLINICAL/SYMPTOMATIC  HIV  ILLNESS  OR  WITH  AIDS AS
REQUIRED BY THIS SECTION. THIS ADVISORY BOARD SHALL  CONSIST  OF  ELEVEN
MEMBERS  TO BE APPOINTED FOR TWO YEAR TERMS AS FOLLOWS: FIVE MEMBERS, AT
LEAST THREE OF WHOM SHALL BE ELIGIBLE FOR BENEFITS AND SERVICES PURSUANT
TO THIS SECTION, TWO OF WHOM SHALL BE APPOINTED BY THE  SPEAKER  OF  THE
ASSEMBLY,  AND  ONE OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF
THE ASSEMBLY AND SIX MEMBERS, INCLUDING THE CHAIRPERSON OF THE  ADVISORY
BOARD,  AT  LEAST  THREE  OF  WHOM  SHALL  BE  ELIGIBLE FOR BENEFITS AND
SERVICES PURSUANT TO THIS SECTION, TWO OF WHOM SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED  BY
THE  MINORITY  LEADER  OF  THE  SENATE. THE ADVISORY BOARD SHALL MEET AT
LEAST QUARTERLY AND MEMBERS SHALL SERVE WITHOUT COMPENSATION. SUCH ADVI-
SORY BOARD MAY FORMULATE AND RECOMMEND TO THE COMMISSIONER A  POLICY  OR
PROCEDURE  FOR  OVERSEEING  AND  MONITORING  THE DELIVERY OF SERVICES TO
PERSONS WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR  WITH  AIDS  WHICH  MAY
INCLUDE QUALITY ASSURANCE MEASUREMENTS. SUCH ADVISORY BOARD SHALL SUBMIT
SUCH  RECOMMENDED POLICY OR PROCEDURE TO THE SPEAKER OF THE ASSEMBLY AND
THE TEMPORARY PRESIDENT OF THE SENATE UPON SUBMISSION TO THE COMMISSION-
ER.
  S 2. This act shall take effect immediately.

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Senate Bill S5530

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Archive: Last Bill Status - In Senate Committee Social Services Committee

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - In Senate Committee Social Services Committee

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co-Sponsors

Jose Peralta

Antoine M. Thompson

2009-S5530 (ACTIVE) - Details

2009-S5530 (ACTIVE) - Summary

2009-S5530 (ACTIVE) - Sponsor Memo

2009-S5530 (ACTIVE) - Bill Text download pdf

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