S T A T E O F N E W Y O R K
________________________________________________________________________
3648--A
2015-2016 Regular Sessions
I N S E N A T E
February 13, 2015
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Introduced by Sens. ORTT, FUNKE -- read twice and ordered printed, and
when printed to be committed to the Committee on Mental Health and
Developmental Disabilities -- recommitted to the Committee on Mental
Health and Developmental Disabilities in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to establishing a
community housing wait list
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7.15 of the mental hygiene law is amended by adding
three new subdivisions (c), (d) and (e) to read as follows:
(C) THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAIT LIST FOR
INDIVIDUALS SEEKING HOUSING AND RELATED SERVICES WITHIN THE OFFICE OF
MENTAL HEALTH SERVICE SYSTEM.
(1) FOR PURPOSES OF THIS SECTION THE FOLLOWING DEFINITIONS SHALL
APPLY:
(I) "COMMUNITY HOUSING WAIT LIST" SHALL MEAN A LIST OF INDIVIDUALS
WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY CRITERIA FOR
HOUSING PROGRAMS LICENSED, OPERATED OR FUNDED BY THE OFFICE OF MENTAL
HEALTH AND HAVE APPLIED FOR OR BEEN REFERRED TO BUT HAVE NOT YET
RECEIVED HOUSING SERVICES INCLUDING BUT NOT LIMITED TO SUPPORTED,
SUPPORTIVE, SUPERVISED OR CONGREGATE.
(II) "HOUSING SERVICES PROVIDER" SHALL MEAN ANY HOLDER OF AN OPERATING
CERTIFICATE ISSUED PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR
EVERY HOUSING PROGRAM FUNDED, OPERATED, ADMINISTERED OR LICENSED BY THE
OFFICE INCLUDING ANY LOCAL GOVERNMENT UNIT MENTAL HEALTH HOUSING REFER-
RAL SYSTEM AND EACH SINGLE POINT OF ENTRY OFFICE, OPERATED BY OR UNDER
CONTRACT WITH A DIRECTOR OF COMMUNITY SERVICES PURSUANT TO ARTICLE
FORTY-ONE OF THIS CHAPTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07311-02-6
S. 3648--A 2
(III) "AGENCY OR INSTITUTION" SHALL INCLUDE ADULT HOMES, NURSING
HOMES, FOSTER CARE PROVIDERS, HOMELESS SHELTERS, STATE PSYCHIATRIC
CENTERS, HOSPITALS, CORRECTIONAL FACILITIES AND OTHER REFERRING ENTI-
TIES.
(2) (I) EVERY SIXTY DAYS, EACH HOUSING SERVICE PROVIDER SHALL REPORT
TO THE OFFICE THE NAME OF EACH PERSON WHO IS REFERRED TO, APPLIES FOR,
IS ADMITTED TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO
THE PROVIDER'S HOUSING PROGRAM, ALONG WITH SUCH OTHER INFORMATION AS THE
COMMISSIONER MAY REQUIRE.
(II) EVERY SIXTY DAYS, EACH AGENCY OR INSTITUTION MAKING REFERRALS FOR
HOUSING SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM SHALL
PROVIDE TO THE OFFICE THE NAMES OF PERSONS WHOM IT REFERRED TO A HOUSING
SERVICES PROVIDER, ALONG WITH SUCH OTHER INFORMATION AS THE COMMISSIONER
MAY REQUIRE.
(III) EVERY SIXTY DAYS, EACH COUNTY'S COMMUNITY-BASED AGENCY PERFORM-
ING ASSESSMENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT
TOOL, AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION SEVEN
HUNDRED THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME
OF EACH PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED AND
MEETS THE ELIGIBILITY CRITERIA FOR THE ARRAY OF THE OFFICE'S FUNDED,
OPERATED, AND/OR LICENSED HOUSING PROGRAMS AND THE NAMES OF THOSE
PERSONS IT HAS REFERRED TO HOUSING AND SERVICE PROVIDERS ALONG WITH SUCH
OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
(D) THE COMMISSIONER SHALL ESTABLISH POLICIES, PROCEDURES AND FORMS
FOR THE COMMUNITY HOUSING WAIT LIST IN ORDER TO ENSURE THAT APPLICANTS
AND PROSPECTIVE APPLICANTS FOR HOUSING PROGRAMS, HOUSING SERVICES
PROVIDERS, REFERRING AGENCIES AND INSTITUTIONS, AND COMMUNITY BASED
AGENCIES ARE ABLE TO SUBMIT WAIT LIST INFORMATION AND COPIES OF APPLI-
CANTS AND REFERRALS DIRECTLY TO THE OFFICE VIA ELECTRONIC MEANS. SUCH
POLICIES, PROCEDURES AND FORMS SHALL SAFEGUARD THE CONFIDENTIALLY OF
INFORMATION CONCERNING PERSONS SEEKING HOUSING, AND ACCORD EACH PERSON
ON THE WAIT LIST AN OPPORTUNITY TO RECEIVE A WRITTEN COPY OF ALL
PERSONAL INFORMATION MAINTAINED ON THE WAIT LIST. SUCH POLICIES AND
PROCEDURES SHALL PROVIDE FOR THE COMMUNITY HOUSING WAIT LIST TO INCLUDE
ALL PERSONS ON ANY LOCAL OR STATE WAIT LIST FOR HOUSING BEFORE THE
EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE UPON WHICH EACH SUCH
PERSON WAS FIRST PLACED ON SUCH WAIT LIST. SUCH LIST SHALL ALSO INCLUDE
PERSONS WHO ARE PLACED ON ANY SUCH LOCAL OR STATE WAIT LIST ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION.
(E) THE COMMISSIONER SHALL PREPARE A REPORT ON THE COMMUNITY HOUSING
WAIT LIST OF PERSONS SEEKING HOUSING WITHIN THE MENTAL HEALTH SYSTEM.
THE REPORT SHALL INCLUDE COMMUNITY BASED HOUSING AND RELATED SERVICES
FOR WHICH PERSONS ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE OF THE
EXECUTIVE LAW. SUCH REPORT, BROKEN OUT BY COUNTY, SHALL INCLUDE BUT NOT
BE LIMITED TO, (1) THE NUMBER OF ADULTS REFERRED TO THE COMMUNITY HOUS-
ING WAIT LIST; (2) THE NUMBER OF ADULTS THAT APPLIED FOR EACH CATEGORY
OF RESIDENTIAL SERVICE; (3) THE NUMBER OF ADULTS, ADMITTED TO EACH CATE-
GORY OF RESIDENTIAL SERVICE; (4) THE NUMBER OF ADULTS DENIED ADMISSION
FOR EACH CATEGORY OF RESIDENTIAL SERVICE; (5) THE NUMBER OF ADULTS WHO
WITHDREW APPLICATIONS FOR EACH CATEGORY OF RESIDENTIAL SERVICE; AND (6)
THE NUMBER OF ADULTS ON THE STATEWIDE WAIT LIST FOR EACH CATEGORY OF
RESIDENTIAL SERVICE. SUCH REPORT SHALL INCLUDE FOR EACH CATEGORY AND
COUNTY, THE NUMBER OF MONTHS ON THE WAIT LIST FOR EACH PERSON. SUCH
REPORT SHALL INCLUDE THE TYPES, CAPACITIES AND VACANCY RATES OF RESIDEN-
TIAL SERVICES OFFERED IN EACH COUNTY. THE REPORTS SHALL INCLUDE ANY
ACTIONS TAKEN BY THE OFFICE TO REDUCE THE LENGTH OF THE WAIT LIST FOR
S. 3648--A 3
EACH CATEGORY OF RESIDENTIAL SERVICES, INCLUDING THE METHODS BY WHICH
THE OFFICE PRIORITIZES THE PROVISIONS OF SERVICES TO PERSONS ON THE
STATEWIDE COMMUNITY HOUSING WAIT LIST AND THE ACTIONS OF THE OFFICE TO
INFORM THE PUBLIC ABOUT THE COMMUNITY HOUSING WAIT LIST AND THE AVAIL-
ABILITY OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH A DOCUMENTED
MENTAL ILLNESS. THE OFFICE SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE
CHAIRPERSON OF THE SENATE MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE ON
OR BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN AND QUARTERLY THEREAFTER.
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.