S T A T E O F N E W Y O R K
________________________________________________________________________
7431
I N S E N A T E
May 14, 2014
___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, in relation to integrated hous-
ing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
13.42 to read as follows:
S 13.42 INTEGRATED HOUSING PLAN.
(A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AND THE MOST INTEGRATED SETTINGS COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL ESTABLISH A PLAN TO INCREASE HOUSING OPPORTUNITIES FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES. THE PLAN SHALL INCLUDE, BUT NOT BE LIMITED
TO:
(1) IDENTIFICATION OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING
OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
OWN HOME, LEASED APARTMENT, OR FAMILY'S HOME, WHEN SUCH A PLACEMENT IS
THEIR INFORMED CHOICE AND THE MOST INTEGRATED SETTING APPROPRIATE TO
THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHOULD:
(I) FACILITATE OPPORTUNITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISA-
BILITIES, INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS TO
LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND AWAY FROM THEIR
PARENTAL HOME;
(II) EXPAND THE INVENTORY OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS
FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
(III) INCREASE ACCESS TO RENTAL SUBSIDIES FOR INDIVIDUALS WITH DEVEL-
OPMENTAL DISABILITIES;
(IV) BUILD UNDERSTANDING AND AWARENESS OF INFORMED CHOICES FOR INDE-
PENDENT LIVING AMONG INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, FAMI-
LIES PUBLIC AND PRIVATE ORGANIZATION, DEVELOPERS AND MEDICAID SERVICE
COORDINATORS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15154-01-4
S. 7431 2
(V) REVIEW POTENTIAL FEDERAL AND STATE POLICY CHANGES THAT WILL FACIL-
ITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES AND SUPPORTS THAT
PERMIT INDIVIDUALS TO CHOOSE MORE INDEPENDENT LIVING OPTIONS; AND
(VI) ASSESS AND ADVANCE COORDINATED PLAN IMPLEMENTATION.
(2) DATA CONCERNING BASELINE INFORMATION REGARDING THE NUMBER OF INDI-
VIDUALS WITH DEVELOPMENTAL DISABILITIES WHO WOULD CHOOSE INDEPENDENT
LIVING OPTIONS, IF AVAILABLE AND THE IDENTIFICATION OF STRATEGIES TO
INCREASE ACCESS TO THESE OPTIONS; AS WELL AS INFORMATION AS TO THE
EXISTING PLACEMENTS IN MORE RESTRICTIVE SETTINGS, INCLUDING NURSING
HOMES, ICF SETTINGS, COMMUNITY RESIDENCES, IRAS AND FAMILY CARE SETTINGS
WHO HAVE CHOSEN TO LIVE IN THESE SETTINGS HAVING BEEN PROVIDED OPTIONS
FOR COMMUNITY PLACEMENT, SERVICES AND SUPPORTS WHERE SUCH INDIVIDUAL
HAS:
(I) BEEN OFFERED A CHOICE OF PROVIDERS CONSISTENT WITH THE INDIVID-
UAL'S IDENTIFIED NEEDS AND PREFERENCES; AND
(II) BEEN PROVIDED APPROPRIATE COMMUNITY-BASED SERVICES FROM AMONG A
RANGE OF OPTIONS, WITH OPPORTUNITIES FOR THE INDIVIDUAL, THEIR FAMILIES
OR CIRCLE OF SUPPORT TO SPEAK WITH THOSE PROVIDERS, VISIT COMMUNITY
PLACEMENTS AND BE PERMITTED TO HAVE CONVERSATIONS AND MEETINGS WITH
INDIVIDUALS CURRENTLY LIVING IN THE COMMUNITY AND THEIR FAMILIES, BEFORE
BEING ASKED TO MAKE A CHOICE REGARDING OPTIONS.
(3) IDENTIFICATION OF MODELS OF INTEGRATED HOUSING PROMOTING, TO THE
GREATEST EXTENT POSSIBLE, INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
LIVING IN THE COMMUNITY AMONG INDIVIDUALS WITHOUT DISABILITIES, INCLUD-
ING CONSIDERATIONS OF ABILITY LEVELS, CRITICAL LIFE TRANSITIONS AND
APPROPRIATE OPTIONS;
(4) STRATEGIES FOR ASSISTING INDIVIDUALS IN TRANSITIONING FROM
PARENTAL HOMES TO COMMUNITY HOUSING;
(5) DESCRIBE INFORMATION ABOUT AND DESCRIBE A PROCEDURE BY WHICH
APPROPRIATE REFERRALS CAN BE MADE FOR INDIVIDUALS TO APPLY FOR RENTAL OR
HOUSING ASSISTANCE AND BRIDGE FUNDING THROUGH ALL EXISTING SOURCES,
INCLUDING LOCAL, STATE, OR FEDERAL AFFORDABLE HOUSING OR RENTAL ASSIST-
ANCE PROGRAMS (TENANT-BASED OR PROJECT-BASED) AND ANY DEVELOPMENTAL
DISABILITY SPECIFIC RENTAL ASSISTANCE;
(6) IDENTIFICATION OF MEANS TO ASSIST INDIVIDUALS WITH SIGNIFICANT
BEHAVIORAL OR MEDICAL NEEDS IN PREPARING FOR AND MOVING TOWARDS INTE-
GRATED HOUSING;
(7) TECHNICAL ASSISTANCE, COMPLIANCE AND TRANSITION ASSISTANCE PROCE-
DURES FOR EXISTING PROVIDERS WHO SEEK TO TRANSITION TO MORE INTEGRATED
HOUSING MODELS; AND
(8) ASSESSMENTS OF FUNDING AND NECESSARY SUPPORTS FOR INDIVIDUALS AND
PROVIDERS.
(B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AND THE MOST INTEGRATED SETTINGS COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL DEVELOP THE PLAN WITH INPUT FROM STAKEHOLDERS, INCLUDING INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES, PARENTS AND GUARDIANS OF INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND PROVIDERS OF
SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
(C) THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED AND
SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY AND POSTED ON THE WEBSITE OF THE OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES WITHIN ONE HUNDRED EIGHTY DAYS OF THE CENTERS FOR
MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE STATE'S 1915(B)/(C) HCBS
WAIVER APPLICATION.
S. 7431 3
S 2. This act shall take effect immediately.