Senate Bill S7973

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

                                  7973

                            I N  S E N A T E

                              May 27, 2010
                               ___________

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

AN ACT to amend the public health law,  in  relation  to  health-related
  legal services programs

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

  Section 1. The public health law is amended by adding a new section 22
to read as follows:
  S 22. HEALTH-RELATED LEGAL SERVICES  PROGRAM.    1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  DEPARTMENT  A  HEALTH-RELATED LEGAL SERVICES GRANT
PROGRAM (REFERRED TO IN THIS SECTION  AS  THE  "GRANT  PROGRAM"),  WHICH
SHALL  MAKE  GRANTS  TO  ORGANIZATIONS (REFERRED TO IN THIS SECTION AS A
"HEALTH-RELATED LEGAL SERVICES PROGRAM"  OR  A  "PROGRAM")  THAT  ARE  A
COLLABORATION  BETWEEN  HEALTH CARE SERVICE PROVIDERS AND LEGAL SERVICES
PROGRAMS TO PROVIDE ON SITE LEGAL SERVICES WITHOUT CHARGE TO ASSIST,  ON
A  VOLUNTARY  BASIS,  INCOME  ELIGIBLE  PATIENTS  AND  THEIR FAMILIES TO
RESOLVE LEGAL MATTERS OR NEEDS THAT HAVE AN IMPACT ON PATIENT HEALTH  OR
ARE CREATED OR AGGRAVATED BY A PATIENT'S HEALTH. FOR THE PURPOSE OF THIS
SECTION, LEGAL MATTERS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
  (A) HOUSING, INCLUDING UTILITIES;
  (B) PUBLIC OR PRIVATE HEALTH INSURANCE COVERAGE;
  (C) EMPLOYMENT AND ELIGIBILITY FOR EMPLOYMENT BENEFITS;
  (D) GOVERNMENT BENEFITS;
  (E) IMMIGRATION;
  (F)  FAMILY  LAW,  INCLUDING,  BUT  NOT LIMITED TO, DOMESTIC VIOLENCE,
GUARDIANSHIP, CUSTODY, AND CHILD SUPPORT;
  (G) ADVANCE PLANNING, INCLUDING, BUT NOT  LIMITED  TO,  WILLS,  HEALTH
CARE PROXIES, POWERS OF ATTORNEY AND PERMANENCY PLANNING;
  (H) SPECIAL EDUCATION; AND
  (I) DEBTOR AND CREDITOR ISSUES.
  2. THE DEPARTMENT SHALL WORK WITH LEGAL SERVICES ORGANIZATIONS, COMMU-
NITY  HEALTH ADVOCACY ORGANIZATIONS, HOSPITALS, DIAGNOSTIC AND TREATMENT
CENTERS AND OTHER PRIMARY AND SPECIALTY HEALTH CARE PROVIDERS, TO ESTAB-
LISH STANDARDS AND GUIDELINES FOR HEALTH-RELATED LEGAL SERVICES PROGRAMS

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

                                                           LBD17216-01-0

S. 7973                             2

TO BE FUNDED BY THE GRANT PROGRAM. THE COMMISSIONER MAY MAKE REGULATIONS
THAT MAY BE NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
  3. (A) THE COMMISSIONER IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED FOR
THIS  PURPOSE,  TO MAKE GRANTS TO HEALTH-RELATED LEGAL SERVICES PROGRAMS
UNDER THIS SECTION.
  (B) A HEALTH-RELATED LEGAL SERVICES PROGRAM SHALL BE A  NOT-FOR-PROFIT
ENTITY  OPERATED BY OR AFFILIATED WITH ONE OR MORE LEGAL SERVICES ORGAN-
IZATIONS, LAW SCHOOLS, SOCIAL SERVICES  ORGANIZATIONS,  OR  HEALTH  CARE
PROVIDERS,  AND IT SHALL COMPLY WITH THE STANDARDS, GUIDELINES AND REGU-
LATIONS UNDER THIS SECTION.
  (C) FUNDS PROVIDED TO A PROGRAM UNDER THIS SECTION SHALL  BE  USED  IN
ACCORDANCE  WITH  STANDARDS,  GUIDELINES  AND  REGULATIONS  OF THE GRANT
PROGRAM FOR PURPOSES UNDER SUBDIVISION ONE OF  THIS  SECTION  WHICH  MAY
INCLUDE  BUT  ARE  NOT LIMITED TO:  PERSONNEL, RENT, COMMUNITY OUTREACH,
AND OFFICE OPERATION AND EQUIPMENT.
  (D) GRANTS UNDER THIS SECTION SHALL BE  AWARDED  BY  THE  COMMISSIONER
THROUGH A COMPETITIVE APPLICATION PROCESS. IN MAKING AWARDS, THE COMMIS-
SIONER SHALL CONSIDER THE FOLLOWING:
  (I)  ABILITY  AND  EXPERIENCE OF THE APPLICANT TO PROVIDE HIGH QUALITY
HEALTH-RELATED LEGAL SERVICES, THE NEEDS OF THE POPULATION TO BE SERVED,
AND THE EXTENT TO WHICH THE PROGRAM WILL MEET THOSE NEEDS;
  (II) STATEWIDE GEOGRAPHIC DISTRIBUTION OF PROGRAMS; AND
  (III) THE EXTENT TO WHICH THE APPLICANT  HAS  ACCESS  TO  OR  WILL  BE
SUPPORTED BY ADDITIONAL OR ALTERNATIVE FINANCING FOR THE PROGRAM.
  4.  THE  COMMISSIONER  SHALL  ANNUALLY  REPORT TO THE GOVERNOR AND THE
LEGISLATURE ON THE OPERATION AND EFFECTIVENESS OF THE GRANT PROGRAM.
  S 2. This act shall take effect immediately.