S T A T E   O F   N E W   Y O R K
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                                  5323

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ,  DINOWITZ,  ENGLEBRIGHT, RIVERA,
  JAFFEE, GUNTHER -- Multi-Sponsored by -- M. of A. ABBATE, FINCH, HOOP-
  ER -- read once and referred to the Committee on Aging

AN ACT to amend the elder law, in relation to expanding the coverage  of
  the   naturally  occurring  retirement  community  supportive  service
  program

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

  Section  1.  Section 209 of the elder law, as amended by section 41 of
part A of chapter 58 of the laws of 2010, paragraph (b) of subdivision 1
as separately amended by chapter 348 of the laws of 2010, paragraph  (d)
of  subdivision  1  as amended by chapter 271 of the laws of 2014, para-
graph (d) of subdivision 4 as separately amended by chapter 410  of  the
laws  of  2010,  and  paragraph  (k) of subdivision 4, subparagraph 6 of
paragraph (c) of subdivision 5-a and subdivision 6 as amended by chapter
320 of the laws of 2011, is amended to read as follows:
  S 209. Naturally occurring  retirement  community  supportive  service
program. 1. As used in this section:
  (a)  "Advisory  committee"  or  "committee"  shall  mean  the advisory
committee convened by the director for the purposes  specified  in  this
section.  Such  committee shall be broadly representative of housing and
senior citizen groups, and all geographic areas of the state.
  (b) "Older adults" shall mean persons who are sixty years  of  age  or
older.
  (c) "Eligible applicant" shall mean a not-for-profit agency specializ-
ing  in  housing,  health  or other human services which serves or would
serve the community within which a naturally occurring retirement commu-
nity is located.
  (d) "Eligible services" shall mean services including, but not limited
to: case management, care coordination,  counseling,  health  assessment
and  monitoring,  transportation,  socialization  activities,  home care

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09164-01-5
              

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facilitation and monitoring, [education regarding  the  signs  of  elder
abuse  and  exploitation  and  available resources for a senior who is a
suspected victim of elder abuse  or  exploitation,  chemical  dependence
counseling provided by credentialed alcoholism and substance abuse coun-
selors as defined in paragraph three of subdivision (d) of section 19.07
of  the mental hygiene law and referrals to appropriate chemical depend-
ence counseling providers,] and other services designed to  address  the
needs  of  residents  of  naturally  occurring retirement communities by
helping them extend their independence, improve their quality  of  life,
and avoid unnecessary hospital and nursing home stays.
  (e)  ["Government assistance" shall mean and be broadly interpreted to
mean any monetary assistance provided by the federal,  the  state  or  a
local  government,  or  any  agency  thereof, or any authority or public
benefit corporation, in any form, including loans or loan subsidies, for
the construction of an apartment building or housing complex for low and
moderate income persons, as such term is defined by  the  United  States
Department of Housing and Urban Development.
  (f)]  "Naturally  occurring retirement community" shall mean an apart-
ment building or housing complex OR OTHER HOUSING WITH A  LARGE  CONCEN-
TRATION OF OLDER ADULTS which:
  (1) [was constructed with government assistance;
  (2)] was not [originally built] DEVELOPED for older adults;
  [(3)] (2) does not restrict admissions solely to older adults;
  [(4)  at  least  fifty percent of the units have an occupant who is an
older adult or in which at least twenty-five hundred]
  (3) FORTY-FIVE PERCENT OF THE OCCUPANTS OF WHICH ARE OLDER  ADULTS  OR
IN WHICH TWO HUNDRED FIFTY of the residents are older adults; and
  [(5)]  (4)  a  majority  of  the  older adults to be served are low or
moderate income, as defined by the United States Department  of  Housing
and Urban Development.
  2.  [A  naturally  occurring  retirement  community supportive service
program is established as a demonstration program to be administered  by
the director.
  3.]  The  director  shall be assisted by the advisory committee in the
development of appropriate criteria for the  selection  of  grantees  of
funds  provided  pursuant  to  this  section  and programmatic issues as
deemed appropriate by the director.
  [4.] 3. The criteria recommended by the committee and adopted  by  the
director for the award of grants shall be consistent with the provisions
of this section and shall include, at a minimum:
  (a)  the number, size, type and location of the projects to be served;
provided, that the committee and director shall make reasonable  efforts
to  assure  that geographic balance in the distribution of such projects
is maintained, consistent with the needs to be addressed, funding avail-
able, applications for eligible applicants, other requirements  of  this
section, ABILITY TO COORDINATE SERVICES AND PLANNING WITH THE AREA AGEN-
CY ON AGING, and other criteria developed by the committee and director;
  (b)  the appropriate number and concentration of older adult residents
to be served by an individual project; provided, that such criteria need
not specify, in the case of a project which includes several  buildings,
the number of older adults to be served in any individual building;
  (c) the demographic characteristics of the residents to be served;
  (d)  the  financial  or in-kind support required to be provided to the
project by the owners, managers and residents of  the  housing  develop-
ment; provided, however, that such criteria need not address whether the
funding is public or private, or the source of such support;

A. 5323                             3

  (e)  the scope and intensity of the services to be provided, and their
appropriateness for the residents proposed to be  served.  The  criteria
shall not require that the applicant agency be the sole provider of such
services,  but  shall  require  that the applicant at a minimum actively
manage the provision of such services;
  (f)  the  experience  and financial stability of the applicant agency,
[provided that the criteria shall require  that  priority  be  given  to
programs already in operation, including those projects participating in
the  resident  advisor  program administered by the office, and enriched
housing programs] which meet the requirements of this section and  which
have  demonstrated  to the satisfaction of the director [and the commit-
tee] their fiscal and managerial stability and programmatic  success  in
serving residents;
  (g)  the  nature and extent of requirements proposed to be established
for active, meaningful participation for residents proposed to be served
in project design, implementation,  monitoring,  evaluation  and  gover-
nance;
  (h)  an  agreement  by  the  applicant  to  participate  in  the  data
collection and evaluation project [necessary] SUFFICIENT to complete the
[report required by this section] REPORTING REQUIREMENTS ESTABLISHED  BY
THE DIRECTOR;
  (i) the policy and program roles of the applicant agency and any other
agencies  involved in the provision of services or the management of the
project, including the housing  development  governing  body,  or  other
owners  or managers of the apartment buildings and housing complexes and
the residents of such apartment buildings  and  housing  complexes.  The
criteria  shall  require  a clear delineation of such policy and program
roles;
  (j) a requirement that each eligible agency document the need for  the
project and financial commitments to it from such sources as the commit-
tee  and  the  director  shall  deem appropriate given the character and
nature of the proposed project, and written evidence of support from the
appropriate housing development governing body or other owners or manag-
ers of the apartment buildings and housing  complexes.  The  purpose  of
such  documentation  shall  be  to demonstrate the need for the project,
support for it in the areas to be served, and the financial and  manage-
rial ability to sustain the project;
  (k)  a  requirement  that any aid provided pursuant to this section be
matched by an equal amount, in-kind support  of  equal  value,  or  some
combination  thereof  from  other  sources,  provided  that such in-kind
support to be utilized only upon approval from the director and only  to
the  extent  matching funds are not available, and that at least twenty-
five percent of such amount be contributed by  the  housing  development
governing  body  or other owners or managers and residents of the apart-
ment buildings and housing complexes in which the project  is  proposed,
or,  upon  approval by the director, sources in neighborhoods contiguous
to the boundaries of the geographic areas served where services may also
be provided pursuant to subdivision six of this section; and
  (l) the circumstances under which the director may waive all  or  part
of  the  requirement  for  provision  of an equal amount of funding from
other sources required pursuant to paragraph (k)  of  this  subdivision,
provided  that  such  criteria shall include provision for waiver at the
discretion of the director upon a  finding  by  the  director  that  the
program  will  serve  a  low income or hardship community, and that such
waiver is required to assure that such community receive a fair share of
the funding available. The committee shall develop appropriate  criteria

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for determining whether a community is a low income or hardship communi-
ty.
  [5.] 4. Within amounts specifically appropriated therefor and consist-
ent  with  the  criteria developed and required pursuant to this section
the director shall approve grants to eligible applicants in amounts  not
to exceed one hundred fifty thousand dollars for a project in any twelve
month  period.  [The  director shall not approve more than ten grants in
the first twelve month period after the effective date of this section.
  5-a.]  5.  The  director  may,  in  addition  recognize   neighborhood
naturally  occurring  retirement communities, or Neighborhood NORCs, and
provide program support within amounts specifically available by  appro-
priation therefor, which shall be subject to the requirements, rules and
regulations of this section, provided however that:
  (a)  the term Neighborhood NORC as used in this subdivision shall mean
and refer to a residential dwelling or group of residential dwellings in
a geographically defined neighborhood of a municipality  containing  not
more  than  two thousand persons who are older adults reside in at least
forty percent of the units and which is made up  of  low-rise  buildings
six  stories  or less in height and/or single and multi-family homes and
which area was not originally developed for older adults, and which does
not restrict admission strictly to older adults;
  (b) grants to an eligible Neighborhood NORC  shall  be  no  less  than
sixty thousand dollars for any twelve-month period;
  (c)  the  director  shall be assisted by the advisory committee in the
development of criteria for the selection of grants provided pursuant to
this section and programmatic issues as deemed appropriate by the direc-
tor. The criteria recommended by the committee and adopted by the direc-
tor for the award of grants shall be consistent with the  provisions  of
this subdivision and shall include, at a minimum, the following require-
ments  or  items  of  information  using  such  criteria as the advisory
committee and the director shall approve:
  (1) the number, size, type and location of  residential  dwellings  or
group of residential dwellings selected as candidates for [neighborhood]
NEIGHBORHOOD  NORCs  funding. The director shall make reasonable efforts
to assure that geographic balance in the distribution of such grants  is
maintained,  consistent  with  the needs to be addressed, funding avail-
able, applications  from  eligible  applicants,  ability  to  coordinate
services and other requirements of this section;
  (2)  the appropriate number and concentration of older adult residents
to be served by an individual Neighborhood NORC. The criteria  need  not
specify the number of older adults to be served in any individual build-
ing;
  (3) the demographic characteristics of the residents to be served;
  (4)  a  requirement  that the applicant demonstrate the development or
intent to develop community wide support  from  residents,  neighborhood
associations, community groups, nonprofit organizations and others;
  (5)  a  requirement  that  the boundaries of the geographic area to be
served are clear and coherent and create  an  identifiable  program  and
supportive community;
  (6) a requirement that the applicant commit to raising matching funds,
in-kind  support,  or  some  combination thereof from non-state sources,
provided that such in-kind support be utilized only upon  approval  from
the  director  and  only to the extent matching funds are not available,
equal to fifteen percent of the state grant in the second year after the
program is approved,  twenty-five  percent  in  the  third  year,  forty
percent  in  the  fourth  year, and fifty percent in the fifth year, and

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further commit that in each year, twenty-five percent of  such  required
matching funds, in-kind support, or combination thereof be raised within
the  community  served  and, upon approval by the director, in neighbor-
hoods  contiguous to the boundaries of the geographic areas served where
services may also be  provided  pursuant  to  subdivision  six  of  this
section. Such local community matching funds, in-kind support, or combi-
nation  thereof  shall  include  but  not  be limited to: dues, fees for
service, individual and community contributions, and such other funds as
the advisory committee and the director shall deem appropriate;
  (7) a requirement that the applicant demonstrate experience and finan-
cial stability;
  (8) a requirement that priority in selection be given to  programs  in
existence  prior to the effective date of this subdivision which, except
for designation and funding requirements established herein, would  have
otherwise generally qualified as a Neighborhood NORC;
  (9) a requirement that the applicant conduct or have conducted a needs
assessment  on  the  basis  of  which such applicant shall establish the
nature and extent of services to be  provided;  and  further  that  such
services shall provide a mix of appropriate services that provide active
and meaningful participation for residents;
  (10)  a  requirement  that residents to be served shall be involved in
design, implementation, monitoring, evaluation  and  governance  of  the
Neighborhood NORC;
  (11)  an  agreement  by  the applicant that it will participate in the
data collection and  evaluation  necessary  to  complete  the  reporting
requirements as established by the director;
  (12)  the  policy  and  program  roles of the applicant agency and any
other agencies involved in the provision of services or  the  management
of  the  Neighborhood  NORC,  provided that the criteria shall require a
clear delineation of such policy and program roles;
  (13) a requirement that each applicant document the need for the grant
and financial commitments to  it  from  such  sources  as  the  advisory
committee  and  the  director shall deem appropriate given the character
and nature of the proposed Neighborhood NORC  and  written  evidence  of
support from the community;
  (14)  the circumstances under which the director may waive all or part
of the requirement for provision of an  equal  amount  of  funding  from
other  sources required pursuant to this subdivision, provided that such
criteria shall include provision for waiver at  the  discretion  of  the
director  upon a finding by the director that the Neighborhood NORC will
serve a low income or  hardship  community,  and  that  such  waiver  is
required to assure that such community receive a fair share of the fund-
ing  available. For purposes of this paragraph, a hardship community may
be one that has developed a successful model but which needs  additional
time  to raise matching funds required herein. An applicant applying for
a hardship exception shall submit a written plan in a  form  and  manner
determined  by  the  director  detailing  its plans to meet the matching
funds requirement in the succeeding year;
  (15) a requirement that any proposed Neighborhood NORC in a  geograph-
ically  defined  neighborhood of a municipality containing more than two
thousand older adults shall require the review and recommendation by the
advisory committee before being approved by the director;
  (d) on or before March first, two thousand eight, the  director  shall
report to the governor and the fiscal and aging committees of the senate
and  the  assembly concerning the effectiveness of Neighborhood NORCs in
achieving the objectives set forth  by  this  subdivision.  Such  report

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shall  address  each  of  the  items  required for Neighborhood NORCs in
achieving the objectives set forth in this section and such other  items
of  information as the director shall deem appropriate, including recom-
mendations  concerning  continuation or modification of the program, and
any recommendations from the advisory committee.
  (e) in providing program support for Neighborhood NORCs as  authorized
by  this  subdivision, the director shall in no event divert or transfer
funding for grants or  program  support  from  any  naturally  occurring
retirement  community supportive service programs authorized pursuant to
other provisions of this section.
  6. The director may allow services provided by a  naturally  occurring
retirement  community  supportive  service  program or by a neighborhood
naturally occurring retirement community to  also  include  services  to
residents  who live in neighborhoods contiguous to the boundaries of the
geographic area served by such programs if: (a) the persons  served  are
older  adults;  (b)  the  services affect the health and welfare of such
persons; and (c) the services are provided on a one-time  basis  in  the
year  in  which  they are provided, and not in a manner which is said or
intended to  be  continuous.  The  director  may  also  consent  to  the
provision of such services by such program if the program has received a
grant which requires services to be provided beyond the geographic boun-
daries  of  the  program.  The director shall establish procedures under
which a program may request the ability to provide  such  services.  The
provision  of such services shall not affect the funding provided to the
program by the department pursuant to this section.
  7. The director shall promulgate rules and regulations as necessary to
carry out the provisions of this section.
  [8. On or before March first, two thousand five,  the  director  shall
report  to  the governor and the finance committee of the senate and the
ways and means committee of the assembly concerning the effectiveness of
the  naturally  occurring  retirement  community   supportive   services
program, other than Neighborhood NORCs, as defined in subdivision five-a
of  this section, in achieving the objectives set forth by this section,
which include  helping  to  address  the  needs  of  residents  in  such
naturally occurring retirement communities, assuring access to a contin-
uum  of  necessary services, increasing private, philanthropic and other
public funding for programs, and  preventing  unnecessary  hospital  and
nursing  home  stays.  The  report  shall  also  include recommendations
concerning continuation or modification of the program from the director
and the committee, and shall note any divergence between the recommenda-
tions of the director and the committee. The director shall provide  the
required information and any other information deemed appropriate to the
report in such form and detail as will be helpful to the legislature and
the  governor  in determining to extend, eliminate or modify the program
including, but not limited to, the following:
  (a) the number, size, type and location of the projects developed  and
funded,  including  the  number,  kinds  and  functions of staff in each
program;
  (b) the number, size, type and location of the projects  proposed  but
not funded, and the reasons for denial of funding for such projects;
  (c)  the age, sex, religion and other appropriate demographic informa-
tion concerning the residents served;
  (d) the services provided to residents, reported in such manner as  to
allow comparison of services by demographic group and region;
  (e) a listing of the services provided by eligible applicants, includ-
ing the number, kind and intensity of such services; and

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  (f)  a  listing of other organizations providing services, the number,
kind and intensity of such services, the number  of  referrals  to  such
organizations  and,  to  the  extent  practicable,  the outcomes of such
referrals.]
  S  2.  Such  moneys as may be necessary to effect the purposes of this
act shall be appropriated to the director of the office  for  the  aging
for  expenses associated with such purposes, but in no event shall funds
be diverted from any of the  naturally  occurring  retirement  community
supportive  service programs in existence prior to the effective date of
this act.
  S 3. This act shall take effect immediately.