NY State Senate Bill 2015-S5534

Senate Bill S5534

2015-2016 Legislative Session

Establishes a single point of access to benefits and services for people with HIV in each local department of social 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	print number 5534b
Jun 09, 2016	amend (t) and recommit to social services
Jan 15, 2016	print number 5534a
Jan 15, 2016	amend and recommit to social services
Jan 06, 2016	referred to social services
May 14, 2015	referred to social services

Bill Amendments

Original

B (Active)

2015-S5534 - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §138, amd §131-a, Soc Serv L

2015-S5534 - Summary

Establishes a single point of access to benefits and services for people with HIV in each local department of social services.

2015-S5534 - Sponsor Memo

                                BILL NUMBER:S5534

TITLE OF BILL:

An act to amend the social services law, in relation to establishing a
single point of access to benefits and services for people with HIV in
each local department of social services

PURPOSE:

To establish single points of access in local social services depart-
ments which will provide access to benefits and services to every person
infected with HIV, with clinical/symptomatic HIV illness, or with AIDS.

SUMMARY OF PROVISIONS:

Section One adds a new section 138 to the Social Services law directing
the Office of Temporary and Disability Assistance (OTDA) to direct local
Departments of Social Services (LDSS) to establish and maintain single
points of access to benefits and services to every person in New York
State infected with HIV, with clinical/symptomatic HIV illness as deter-
mined 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 LDSS 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 eligi-
ble 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 bene-
fits 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.

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.

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. Establishing single points of access in Local Departments of
Social Services would serve as a clearinghouse for all of these
services.

LEGISLATIVE HISTORY:

S.7943 of 2014 (Hoylman): Died in Rules

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5534 - Bill Text download pdf

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

                                  5534

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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  a
  single point of access to benefits and services for people with HIV in
  each local department of social 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. SINGLE POINT OF ACCESS TO HIV SERVICES. 1. THE OFFICE OF TEMPO-
RARY  AND  DISABILITY  ASSISTANCE  SHALL DIRECT EACH LOCAL DEPARTMENT OF
SOCIAL SERVICES (LDSS) TO ESTABLISH  AND  MAINTAIN  A  SINGLE  POINT  OF
ACCESS  TO BENEFITS AND SERVICES AS DEFINED IN SUBDIVISION THREE OF THIS
SECTION TO EVERY PERSON WITH HIV INFECTION WHO REQUESTS ASSISTANCE,  AND
SHALL  ENSURE  THE  PROVISION  OF BENEFITS AND SERVICES TO EACH ELIGIBLE
PERSON INFECTED WITH HIV.
  2. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
ANCE SHALL DIRECT EACH LDSS TO PROVIDE TO PERSONS WITH HIV INFECTION WHO
SATISFY THE 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 IN AN AMOUNT NOT LESS THAN
ONE HUNDRED NINETY-THREE DOLLARS PER MONTH.
  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 LDSS TO A PERSON  WITH  HIV  INFECTION  AT  A
SINGLE  LOCATION  IN ORDER TO APPLY FOR PUBLICLY SUBSIDIZED BENEFITS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11054-01-5

S. 5534                             2

SERVICES, TO ESTABLISH ANY AND ALL ELEMENTS  OF  ELIGIBILITY  INCLUDING,
BUT  NOT  LIMITED TO, ASSISTANCE PROVIDED AT A FIELD OFFICE OF THE LDSS,
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 MAINTAIN SUCH ELIGIBILITY;
  (2)  "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;
  (3) "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;
  (4) "PERSONS WITH HIV INFECTION" SHALL MEAN A PERSON WHO HAS  RECEIVED
A MEDICAL DETERMINATION THAT HE OR SHE IS INFECTED WITH HIV; AND
  (5) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE.
  (B) THE COMMISSIONER SHALL DIRECT EACH LDSS TO PROVIDE ACCESS TO BENE-
FITS  AND  SERVICES  TO  EVERY  ELIGIBLE  PERSON  WITH HIV INFECTION WHO
REQUESTS ASSISTANCE, AND SHALL ENSURE  THE  PROVISION  OF  BENEFITS  AND
SERVICES  TO  ELIGIBLE  PERSONS  WITH HIV INFECTION. ANY ELIGIBLE PERSON
SHALL RECEIVE ONLY THOSE BENEFITS AND SERVICES  FOR  WHICH  SUCH  PERSON
QUALIFIES IN ACCORDANCE WITH THE APPLICABLE ELIGIBILITY STANDARDS ESTAB-
LISHED  PURSUANT  TO LOCAL, STATE OR FEDERAL STATUTE, LAW, RULE OR REGU-
LATION. 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 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  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  CHAPTER;  FINANCIAL
BENEFITS;  AND  INTENSIVE CASE MANAGEMENT AS REQUIRED BY SUBDIVISION TWO
OF THIS SECTION. THE COMMISSIONER SHALL HAVE  THE  AUTHORITY  TO  DIRECT
EACH  LDSS  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
ELIGIBILITY 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 AN LDSS OR SUBMISSION OF
DOCUMENTS REQUIRED TO ESTABLISH ELIGIBILITY FOR BENEFITS AND SERVICES BY
A PERSON WITH HIV INFECTION, SUCH PERSON SHALL IMMEDIATELY  BE  PROVIDED
WITH  A  RECEIPT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DATE, A

S. 5534                             3

DESCRIPTION OF THE INFORMATION RECEIVED, AND A STATEMENT AS  TO  WHETHER
ANY  APPLICATION  FOR  SUCH  BENEFITS AND SERVICES IS COMPLETE OR INCOM-
PLETE, 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 HIV INFECTION 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  HIV
INFECTION MAY NOT BE TERMINATED EXCEPT WHERE THE RECIPIENT IS DETERMINED
TO  NO  LONGER  SATISFY  ELIGIBILITY  REQUIREMENTS, IS DECEASED, OR UPON
CERTIFICATION BY THE LDSS THAT THE RECIPIENT CANNOT BE LOCATED TO VERIFY
HIS OR HER CONTINUED ELIGIBILITY  FOR  BENEFITS  AND  SERVICES.  IN  THE
LATTER  CIRCUMSTANCE,  THE  LDSS  SHALL  CONDUCT A REASONABLE GOOD FAITH
SEARCH FOR AT LEAST A NINETY DAY PERIOD TO LOCATE THE RECIPIENT, INCLUD-
ING SENDING WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,
TO  THE LAST KNOWN ADDRESS OF SUCH RECIPIENT, REQUIRING THE RECIPIENT TO
CONTACT THE LDSS WITHIN TEN DAYS.
  (G) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL DIRECT EACH LDSS TO PREPARE A  DRAFT  POLICY  AND
PROCEDURES  MANUAL  FOR  LDSS  STAFF.  SUCH POLICY AND PROCEDURES MANUAL
SHALL INCLUDE, BUT NOT BE LIMITED TO, STRICT GUIDELINES  ON  MAINTAINING
THE  CONFIDENTIALITY  OF THE IDENTITY OF AND INFORMATION RELATING TO ALL
APPLICANTS AND  RECIPIENTS,  INSTRUCTIONAL  MATERIALS  RELATING  TO  THE
MEDICAL  AND PSYCHOLOGICAL NEEDS OF PERSONS WITH HIV INFECTION, APPLICA-
TION PROCEDURES, ELIGIBILITY STANDARDS, MANDATED TIME  PERIODS  FOR  THE
PROVISION OF EACH BENEFIT AND SERVICE AVAILABLE TO APPLICANTS AND RECIP-
IENTS  AND  ADVOCACY  RESOURCES AVAILABLE TO PERSONS WITH HIV INFECTION.
SUCH LISTS OF ADVOCACY RESOURCES SHALL BE UPDATED SEMI-ANNUALLY.  WITHIN
THIRTY  DAYS  FOLLOWING  THE PREPARATION OF SUCH DRAFT POLICY AND PROCE-
DURES MANUAL AND PRIOR TO THE PREPARATION OF A FINAL POLICY  AND  PROCE-
DURES MANUAL, THE LDSS SHALL DISTRIBUTE SUCH DRAFT POLICY AND PROCEDURES
MANUAL  TO  ALL SOCIAL SERVICES AGENCIES AND ORGANIZATIONS THAT CONTRACT
WITH THE LDSS TO PROVIDE HIV-RELATED SERVICES AND TO ALL OTHERS WHOM THE
LDSS DEEMS APPROPRIATE, AND HOLD NO FEWER THAN ONE NOTICED PUBLIC  HEAR-
ING  AT  A SITE ACCESSIBLE TO THE DISABLED, AT WHICH ADVOCATES, SERVICES
PROVIDERS, PERSONS WITH HIV INFECTION,  AND  ANY  OTHER  MEMBER  OF  THE
PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO COMMENT ON SUCH DRAFT POLICY AND
PROCEDURES MANUAL. EACH LDSS SHALL PREPARE A FINAL POLICY AND PROCEDURES
MANUAL WITHIN THIRTY DAYS AFTER THE CONCLUSION OF SUCH HEARING AND SHALL
THEREAFTER  REVIEW  AND WHERE APPROPRIATE, REVISE SUCH POLICY AND PROCE-
DURES MANUAL ON AN ANNUAL BASIS. EACH LDSS SHALL PROVIDE FOR SEMI-ANNUAL

S. 5534                             4

TRAINING, USING SUCH POLICY AND  PROCEDURES  MANUAL,  FOR  ALL  DIVISION
STAFF.
  (H) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
EACH  LDSS  SHALL  PUBLISH A PROPOSED RULE ESTABLISHING A BILL OF RIGHTS
FOR PERSONS WITH HIV INFECTION. SUCH DRAFT BILL OF RIGHTS SHALL INCLUDE,
BUT NOT BE LIMITED TO, AN EXPLANATION OF THE BENEFITS AND  SERVICES  FOR
WHICH  PERSONS  WITH  HIV  INFECTION  MAY BE ELIGIBLE; TIMETABLES WITHIN
WHICH SUCH BENEFITS AND SERVICES SHALL BE PROVIDED TO ELIGIBLE  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 THER-
EIN; 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  AN  LDSS
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, EACH LDSS
SHALL HOLD NO FEWER THAN ONE NOTICED PUBLIC HEARING AT A SITE ACCESSIBLE
TO THE DISABLED AT WHICH ADVOCATES, SERVICE PROVIDERS, PERSONS WITH  HIV
INFECTION, AND ANY OTHER MEMBER OF THE PUBLIC SHALL BE GIVEN AN OPPORTU-
NITY  TO COMMENT ON SUCH DRAFT BILL OF RIGHTS. EACH LDSS 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  LDSS  OFFICES  THAT ARE OPEN TO THE PUBLIC AND SHALL BE
AVAILABLE FOR DISTRIBUTION 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 HIV INFECTIONS WHICH SHALL INCLUDE, BUT NOT
BE LIMITED TO, QUALITY ASSURANCE MEASUREMENTS.  THE  COMMISSIONER  SHALL
SUBMIT  SUCH  POLICIES  OR  PROCEDURES  TO  THE GOVERNOR, SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE IN WRITING WITHIN TEN
DAYS FROM THE DATE SUCH POLICIES OR PROCEDURES ARE ESTABLISHED.
  (J) BEGINNING ON SEPTEMBER FIRST, TWO THOUSAND  SIXTEEN,  AND  ON  THE
FIRST  DAY  OF  EACH CALENDAR QUARTER THEREAFTER, THE COMMISSIONER SHALL
SUBMIT A WRITTEN REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, MINOR-
ITY 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  HIV INFECTION WHO REQUESTED THE BENEFITS AND SERVICES SET
FORTH IN PARAGRAPH (B)  OF  THIS  SUBDIVISION  AND  ANY  OTHER  BENEFITS
PROVIDED  BY  LDSS,  DISAGGREGATED BY LDSS AND BY THE TYPE OF BENEFIT OR
SERVICE REQUESTED, AND THE AVERAGE LENGTH OF TIME  REQUIRED  TO  PROCESS
SUCH REQUESTS, DISAGGREGATED BY LDSS, AND THE TYPE OF BENEFIT OR SERVICE
REQUESTED;  THE NUMBER OF PERSONS WITH HIV INFECTION WHO REQUESTED BENE-
FITS AND SERVICED AND WERE DETERMINED TO BE INELIGIBLE FOR SUCH BENEFITS
AND SERVICES, DISAGGREGATED BY LDSS, BY THE TYPE OF BENEFIT  OR  SERVICE
REQUESTED, AND BY THE REASON FOR SUCH DETERMINATIONS; THE NUMBER OF LDSS
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 LDSS; 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

S. 5534                             5

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 LDSS 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  LDSS;  THE  NUMBER  OF
REQUESTS  FOR  EMERGENCY  HOUSING  ASSISTANCE,  THE  NUMBER  OF  PERSONS
REFERRED  TO EMERGENCY HOUSING ASSISTANCE, THE AVERAGE LENGTH OF STAY IN
EMERGENCY ASSISTANCE, 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 AVER-
AGE LENGTH OF TIME FROM  REQUEST  TO  PLACEMENT;  THE  NUMBER  OF  CASES
CLOSED,  DISAGGREGATED  BY LDSS 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 ADMINISTRA-
TIVE  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  HEARING DECISIONS, AND THE
NUMBER OF ARTICLE SEVENTY-EIGHT DECISIONS RENDERED IN  FAVOR  OF  APPLI-
CANTS  OR  RECIPIENTS.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "FIELD
OFFICE" SHALL MEAN  ANY  OFFICE  OF  THE  DEPARTMENT  AT  WHICH  PERSONS
INFECTED  WITH  HIV,  WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS
MAY ACCESS BENEFITS AND SERVICES.
  (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 HIV INFECTION AS REQUIRED BY THIS SECTION. THIS ADVISORY
BOARD SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED FOR TWO YEAR TERMS
AS  FOLLOWS: TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY, TWO MEMBER SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  ONE  MEMBER  SHALL  BE  APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY, ONE MEMBER SHALL BE APPOINTED BY THE MINORITY  LEADER  OF  THE
SENATE  AND  THE REMAINING FIVE MEMBERS SHALL BE APPOINTED BY THE GOVER-
NOR. AT LEAST ONE OF THE APPOINTMENTS MADE BY THE SPEAKER OF THE  ASSEM-
BLY AND THE TEMPORARY PRESIDENT OF THE SENATE, AND AT LEAST THREE OF THE
APPOINTMENTS  MADE  BY  THE  GOVERNOR SHALL BE ELIGIBLE FOR BENEFITS AND
SERVICES PURSUANT TO THIS SECTION. 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 HIV INFECTION WHICH MAY INCLUDE QUALITY ASSURANCE MEASURE-
MENTS. 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 COMMISSIONER.
  S 2. Subdivision 14 of section 131-a of the social  services  law,  as
added  by  section  1  of  part  H of chapter 58 of the laws of 2014, is
amended to read as follows:
  14. In determining the  need  for  aid  provided  pursuant  to  public
assistance  programs, each person living with [clinical/symptomatic] HIV
[illness or AIDS in social services districts  with  a  population  over
five  million who is receiving services through such district's adminis-
trative unit providing HIV/AIDS services, public assistance  and  earned

S. 5534                             6

and/or  unearned  income,]  INFECTION  shall not be required to pay more
than thirty percent of his or her monthly earned and/or unearned  income
toward the cost of rent that such person has a direct obligation to pay;
this provision shall not apply to room and board arrangements.
  S  3.  The  commissioner  of  the  office  of temporary and disability
assistance shall amend 18 N.Y.C.R.R.  S  352.3(k)  as  follows:  (a)  to
require  local departments of social services to provide emergency shel-
ter allowances, upon request, to households composed of an applicant  or
recipient of public assistance who has been medically diagnosed with HIV
infection  and  any family members residing with such person; (b) to set
the amount of the maximum emergency shelter allowance available  at  the
amount,  from  time  to  time,  of the fair market rent (FMR) set by the
United States department of housing and urban development for  the  size
the eligible household and FMR area where the household is located, with
the  allowance  in  no  event to be greater than the actual monthly rent
due; and (c) pursuant to subsection 14 of section 131-a  of  the  social
services  law,  as  amended  in this act, to calculate the amount of the
emergency shelter allowance available to a person with HIV infection who
has earned and/or unearned income up  to  200  percent  of  the  federal
poverty  guidelines  as a function of actual total monthly rent due less
30 percent of the monthly earned and/or unearned income  of  the  person
with HIV infection.
  S  4.  Notwithstanding  section  153 of the social services law or any
other inconsistent provision of law (a) for local departments of  social
services with a population over five million, New York state shall reim-
burse  50  percent  of  safety net assistance expenditures for emergency
shelter, transportation, or nutrition payments which the district deter-
mines are necessary to establish or maintain independent living arrange-
ments among persons with HIV infection and who are  homeless  or  facing
homelessness and for whom no viable and less costly alternative to hous-
ing  is available; provided, however, that funds appropriated herein may
only be used for such purposes if the cost of such  allowances  are  not
eligible  for  reimbursement under medical assistance or other programs;
(b) for local departments of social services  with  a  population  under
five  million,  New  York state shall reimburse 80 percent of safety net
assistance expenditures for emergency shelter, transportation, or nutri-
tion payments which the district determines are necessary  to  establish
or  maintain  independent  living  arrangements  among  persons with HIV
infection and who are homeless or facing homelessness and  for  whom  no
viable  and  less  costly alternative to housing is available; provided,
however, that funds appropriated  herein  may  only  be  used  for  such
purposes  if the cost of such allowances are not eligible for reimburse-
ment under medical assistance or other programs; and (c)  local  depart-
ments of social services safety net assistance expenditures for emergen-
cy  shelter,  transportation,  or nutrition payments may be made in kind
through the use or transfer of property.
  S 5. This act shall take effect immediately.

2015-S5534A - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §138, amd §131-a, Soc Serv L

2015-S5534A - Summary

Establishes a single point of access to benefits and services for people with HIV in each local department of social services.

2015-S5534A - Sponsor Memo

                                 BILL NUMBER:  S5534A

 TITLE OF BILL :

An act to amend the social services law, in relation to establishing a
single point of access to benefits and services for people with HIV in
each local department of social services

 PURPOSE :

To establish single points of access in local social services
departments which will provide access to benefits and services to
every person infected with HIV, with clinical/symptomatic HIV illness,
or with AIDS.

 SUMMARY OF PROVISIONS :

Section One adds a new section 138 to the Social Services law
directing the Office of Temporary and Disability Assistance (OTDA) to
direct local Departments of Social Services (LDSS) to establish and
maintain single points of access to benefits and services to every
person in New York State infected with HIV, 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 LDSS 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.

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.

 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. Establishing single points of access in Local
Departments of Social Services would serve as a clearinghouse for all
of these services.

 LEGISLATIVE HISTORY :

S.7943 of 2014 (Hoylman): Died in Rules

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S5534A - Bill Text download pdf

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

                                 5534--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services --  recom-
  mitted  to  the Committee on Social Services 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 social services law, in relation to establishing a
  single point of access to benefits and services for people with HIV in
  each local department of social 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. SINGLE POINT OF ACCESS TO HIV SERVICES. 1. THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE SHALL DIRECT  EACH  LOCAL  DEPARTMENT  OF
SOCIAL  SERVICES  (LDSS)  TO  ESTABLISH  AND  MAINTAIN A SINGLE POINT OF
ACCESS TO BENEFITS AND SERVICES AS DEFINED IN SUBDIVISION THREE OF  THIS
SECTION  TO EVERY PERSON WITH HIV INFECTION WHO REQUESTS ASSISTANCE, AND
SHALL ENSURE THE PROVISION OF BENEFITS AND  SERVICES  TO  EACH  ELIGIBLE
PERSON INFECTED WITH HIV.
  2.  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE SHALL DIRECT EACH LDSS TO PROVIDE TO PERSONS WITH HIV INFECTION WHO
SATISFY THE 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 IN AN AMOUNT NOT LESS THAN
ONE HUNDRED NINETY-THREE DOLLARS PER MONTH.
  3.  (A)  WHENEVER  USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11054-02-6

S. 5534--A                          2

  (1) "ACCESS TO BENEFITS AND SERVICES"  SHALL  MEAN  THE  PROVISION  OF
ASSISTANCE  BY  STAFF  OF  THE  LDSS TO A PERSON WITH HIV INFECTION AT A
SINGLE LOCATION IN ORDER TO APPLY FOR PUBLICLY SUBSIDIZED  BENEFITS  AND
SERVICES,  TO  ESTABLISH  ANY AND ALL ELEMENTS OF ELIGIBILITY INCLUDING,
BUT  NOT  LIMITED TO, ASSISTANCE PROVIDED AT A FIELD OFFICE OF THE LDSS,
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 MAINTAIN SUCH ELIGIBILITY;
  (2)  "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;
  (3) "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;
  (4) "PERSONS WITH HIV INFECTION" SHALL MEAN A PERSON WHO HAS  RECEIVED
A MEDICAL DETERMINATION THAT HE OR SHE IS INFECTED WITH HIV; AND
  (5) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE.
  (B) THE COMMISSIONER SHALL DIRECT EACH LDSS TO PROVIDE ACCESS TO BENE-
FITS  AND  SERVICES  TO  EVERY  ELIGIBLE  PERSON  WITH HIV INFECTION WHO
REQUESTS ASSISTANCE, AND SHALL ENSURE  THE  PROVISION  OF  BENEFITS  AND
SERVICES  TO  ELIGIBLE  PERSONS  WITH HIV INFECTION. ANY ELIGIBLE PERSON
SHALL RECEIVE ONLY THOSE BENEFITS AND SERVICES  FOR  WHICH  SUCH  PERSON
QUALIFIES IN ACCORDANCE WITH THE APPLICABLE ELIGIBILITY STANDARDS ESTAB-
LISHED  PURSUANT  TO LOCAL, STATE OR FEDERAL STATUTE, LAW, RULE OR REGU-
LATION. 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 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  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  CHAPTER;  FINANCIAL
BENEFITS;  AND  INTENSIVE CASE MANAGEMENT AS REQUIRED BY SUBDIVISION TWO
OF THIS SECTION. THE COMMISSIONER SHALL HAVE  THE  AUTHORITY  TO  DIRECT
EACH  LDSS  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
ELIGIBILITY 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.

S. 5534--A                          3

  (C)(1)  UPON  WRITTEN  OR ORAL APPLICATION TO AN LDSS OR SUBMISSION OF
DOCUMENTS REQUIRED TO ESTABLISH ELIGIBILITY FOR BENEFITS AND SERVICES BY
A PERSON WITH HIV INFECTION, 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 BENEFITS AND SERVICES  IS  COMPLETE  OR  INCOM-
PLETE, 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 HIV INFECTION 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  HIV
INFECTION MAY NOT BE TERMINATED EXCEPT WHERE THE RECIPIENT IS DETERMINED
TO  NO  LONGER  SATISFY  ELIGIBILITY  REQUIREMENTS, IS DECEASED, OR UPON
CERTIFICATION BY THE LDSS THAT THE RECIPIENT CANNOT BE LOCATED TO VERIFY
HIS OR HER CONTINUED ELIGIBILITY  FOR  BENEFITS  AND  SERVICES.  IN  THE
LATTER  CIRCUMSTANCE,  THE  LDSS  SHALL  CONDUCT A REASONABLE GOOD FAITH
SEARCH FOR AT LEAST A NINETY DAY PERIOD TO LOCATE THE RECIPIENT, INCLUD-
ING SENDING WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,
TO  THE LAST KNOWN ADDRESS OF SUCH RECIPIENT, REQUIRING THE RECIPIENT TO
CONTACT THE LDSS WITHIN TEN DAYS.
  (G) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL DIRECT EACH LDSS TO PREPARE A  DRAFT  POLICY  AND
PROCEDURES  MANUAL  FOR  LDSS  STAFF.  SUCH POLICY AND PROCEDURES MANUAL
SHALL INCLUDE, BUT NOT BE LIMITED TO, STRICT GUIDELINES  ON  MAINTAINING
THE  CONFIDENTIALITY  OF THE IDENTITY OF AND INFORMATION RELATING TO ALL
APPLICANTS AND  RECIPIENTS,  INSTRUCTIONAL  MATERIALS  RELATING  TO  THE
MEDICAL  AND PSYCHOLOGICAL NEEDS OF PERSONS WITH HIV INFECTION, APPLICA-
TION PROCEDURES, ELIGIBILITY STANDARDS, MANDATED TIME  PERIODS  FOR  THE
PROVISION OF EACH BENEFIT AND SERVICE AVAILABLE TO APPLICANTS AND RECIP-
IENTS  AND  ADVOCACY  RESOURCES AVAILABLE TO PERSONS WITH HIV INFECTION.
SUCH LISTS OF ADVOCACY RESOURCES SHALL BE UPDATED SEMI-ANNUALLY.  WITHIN
THIRTY  DAYS  FOLLOWING  THE PREPARATION OF SUCH DRAFT POLICY AND PROCE-
DURES MANUAL AND PRIOR TO THE PREPARATION OF A FINAL POLICY  AND  PROCE-
DURES MANUAL, THE LDSS SHALL DISTRIBUTE SUCH DRAFT POLICY AND PROCEDURES
MANUAL  TO  ALL SOCIAL SERVICES AGENCIES AND ORGANIZATIONS THAT CONTRACT
WITH THE LDSS TO PROVIDE HIV-RELATED SERVICES AND TO ALL OTHERS WHOM THE
LDSS DEEMS APPROPRIATE, AND HOLD NO FEWER THAN ONE NOTICED PUBLIC  HEAR-
ING  AT  A SITE ACCESSIBLE TO THE DISABLED, AT WHICH ADVOCATES, SERVICES
PROVIDERS, PERSONS WITH HIV INFECTION,  AND  ANY  OTHER  MEMBER  OF  THE
PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO COMMENT ON SUCH DRAFT POLICY AND
PROCEDURES MANUAL. EACH LDSS SHALL PREPARE A FINAL POLICY AND PROCEDURES

S. 5534--A                          4

MANUAL WITHIN THIRTY DAYS AFTER THE CONCLUSION OF SUCH HEARING AND SHALL
THEREAFTER  REVIEW  AND WHERE APPROPRIATE, REVISE SUCH POLICY AND PROCE-
DURES MANUAL ON AN ANNUAL BASIS. EACH LDSS SHALL PROVIDE FOR SEMI-ANNUAL
TRAINING,  USING  SUCH  POLICY  AND  PROCEDURES MANUAL, FOR ALL DIVISION
STAFF.
  (H) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
EACH LDSS SHALL PUBLISH A PROPOSED RULE ESTABLISHING A  BILL  OF  RIGHTS
FOR PERSONS WITH HIV INFECTION. SUCH DRAFT BILL OF RIGHTS SHALL INCLUDE,
BUT  NOT  BE LIMITED TO, AN EXPLANATION OF THE BENEFITS AND SERVICES FOR
WHICH PERSONS WITH HIV INFECTION  MAY  BE  ELIGIBLE;  TIMETABLES  WITHIN
WHICH  SUCH BENEFITS AND SERVICES SHALL BE PROVIDED TO ELIGIBLE 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 THER-
EIN; 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 AN LDSS
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,  EACH  LDSS
SHALL HOLD NO FEWER THAN ONE NOTICED PUBLIC HEARING AT A SITE ACCESSIBLE
TO  THE DISABLED AT WHICH ADVOCATES, SERVICE PROVIDERS, PERSONS WITH HIV
INFECTION, AND ANY OTHER MEMBER OF THE PUBLIC SHALL BE GIVEN AN OPPORTU-
NITY TO COMMENT ON SUCH DRAFT BILL OF RIGHTS. EACH LDSS 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 LDSS OFFICES THAT ARE OPEN TO  THE  PUBLIC  AND  SHALL  BE
AVAILABLE  FOR  DISTRIBUTION  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 HIV INFECTIONS WHICH SHALL INCLUDE, BUT NOT
BE  LIMITED  TO,  QUALITY ASSURANCE MEASUREMENTS. THE COMMISSIONER SHALL
SUBMIT SUCH POLICIES OR PROCEDURES  TO  THE  GOVERNOR,  SPEAKER  OF  THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE IN WRITING WITHIN TEN
DAYS FROM THE DATE SUCH POLICIES OR PROCEDURES ARE ESTABLISHED.
  (J)  BEGINNING  ON SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN, AND ON THE
FIRST DAY OF EACH CALENDAR QUARTER THEREAFTER,  THE  COMMISSIONER  SHALL
SUBMIT A WRITTEN REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, MINOR-
ITY  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 HIV INFECTION WHO REQUESTED THE BENEFITS AND  SERVICES  SET
FORTH  IN  PARAGRAPH  (B)  OF  THIS  SUBDIVISION  AND ANY OTHER BENEFITS
PROVIDED BY LDSS, DISAGGREGATED BY LDSS AND BY THE TYPE  OF  BENEFIT  OR
SERVICE  REQUESTED,  AND  THE AVERAGE LENGTH OF TIME REQUIRED TO PROCESS
SUCH REQUESTS, DISAGGREGATED BY LDSS, AND THE TYPE OF BENEFIT OR SERVICE
REQUESTED; THE NUMBER OF PERSONS WITH HIV INFECTION WHO REQUESTED  BENE-
FITS AND SERVICED AND WERE DETERMINED TO BE INELIGIBLE FOR SUCH BENEFITS
AND  SERVICES,  DISAGGREGATED BY LDSS, BY THE TYPE OF BENEFIT OR SERVICE
REQUESTED, AND BY THE REASON FOR SUCH DETERMINATIONS; THE NUMBER OF LDSS
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

S. 5534--A                          5

FOR ASSISTANCE, DISAGGREGATED BY LDSS; 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 LDSS 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  LDSS;  THE  NUMBER  OF
REQUESTS  FOR  EMERGENCY  HOUSING  ASSISTANCE,  THE  NUMBER  OF  PERSONS
REFERRED TO EMERGENCY HOUSING ASSISTANCE, THE AVERAGE LENGTH OF STAY  IN
EMERGENCY  ASSISTANCE,  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  AVER-
AGE  LENGTH  OF  TIME  FROM  REQUEST  TO  PLACEMENT; THE NUMBER OF CASES
CLOSED, DISAGGREGATED BY LDSS 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 ADMINISTRA-
TIVE 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  HEARING  DECISIONS,  AND  THE
NUMBER  OF  ARTICLE  SEVENTY-EIGHT DECISIONS RENDERED IN FAVOR OF APPLI-
CANTS OR RECIPIENTS.  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  "FIELD
OFFICE"  SHALL  MEAN  ANY  OFFICE  OF  THE  DEPARTMENT  AT WHICH PERSONS
INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV ILLNESS  OR  WITH  AIDS
MAY ACCESS BENEFITS AND SERVICES.
  (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 HIV INFECTION AS REQUIRED BY THIS SECTION. THIS ADVISORY
BOARD SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED FOR TWO YEAR TERMS
AS FOLLOWS: TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE  ASSEM-
BLY,  TWO  MEMBER  SHALL  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE, ONE MEMBER SHALL BE APPOINTED BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY,  ONE  MEMBER  SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE AND THE REMAINING FIVE MEMBERS SHALL BE APPOINTED BY  THE  GOVER-
NOR.  AT LEAST ONE OF THE APPOINTMENTS MADE BY THE SPEAKER OF THE ASSEM-
BLY AND THE TEMPORARY PRESIDENT OF THE SENATE, AND AT LEAST THREE OF THE
APPOINTMENTS MADE BY THE GOVERNOR SHALL BE  ELIGIBLE  FOR  BENEFITS  AND
SERVICES  PURSUANT  TO  THIS  SECTION.  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 HIV INFECTION WHICH MAY INCLUDE QUALITY ASSURANCE  MEASURE-
MENTS.  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 COMMISSIONER.
  S  2.  Subdivision  14 of section 131-a of the social services law, as
added by section 1 of part H of chapter 58  of  the  laws  of  2014,  is
amended to read as follows:
  14.  In  determining  the  need  for  aid  provided pursuant to public
assistance programs, each person living with [clinical/symptomatic]  HIV

S. 5534--A                          6

[illness  or  AIDS  in  social services districts with a population over
five million who is receiving services through such district's  adminis-
trative  unit  providing HIV/AIDS services, public assistance and earned
and/or  unearned  income,]  INFECTION  shall not be required to pay more
than thirty percent of his or her monthly earned and/or unearned  income
toward the cost of rent that such person has a direct obligation to pay;
this provision shall not apply to room and board arrangements.
  S  3.  The  commissioner  of  the  office  of temporary and disability
assistance shall amend 18 N.Y.C.R.R.  S  352.3(k)  as  follows:  (a)  to
require  local departments of social services to provide emergency shel-
ter allowances, upon request, to households composed of an applicant  or
recipient of public assistance who has been medically diagnosed with HIV
infection  and  any family members residing with such person; (b) to set
the amount of the maximum emergency shelter allowance available  at  the
amount,  from  time  to  time,  of the fair market rent (FMR) set by the
United States department of housing and urban development for  the  size
the eligible household and FMR area where the household is located, with
the  allowance  in  no  event to be greater than the actual monthly rent
due; and (c) pursuant to subdivision 14 of section 131-a of  the  social
services  law,  as  amended  in this act, to calculate the amount of the
emergency shelter allowance available to a person with HIV infection who
has earned and/or unearned income up  to  200  percent  of  the  federal
poverty  guidelines  as a function of actual total monthly rent due less
30 percent of the monthly earned and/or unearned income  of  the  person
with HIV infection.
  S  4.  Notwithstanding  section  153 of the social services law or any
other inconsistent provision of law (a) for local departments of  social
services with a population over five million, New York state shall reim-
burse  50  percent  of  safety net assistance expenditures for emergency
shelter, transportation, or nutrition payments which the district deter-
mines are necessary to establish or maintain independent living arrange-
ments among persons with HIV infection and who are  homeless  or  facing
homelessness and for whom no viable and less costly alternative to hous-
ing  is available; provided, however, that funds appropriated herein may
only be used for such purposes if the cost of such  allowances  are  not
eligible  for  reimbursement under medical assistance or other programs;
(b) for local departments of social services  with  a  population  under
five  million,  New  York state shall reimburse 80 percent of safety net
assistance expenditures for emergency shelter, transportation, or nutri-
tion payments which the district determines are necessary  to  establish
or  maintain  independent  living  arrangements  among  persons with HIV
infection and who are homeless or facing homelessness and  for  whom  no
viable  and  less  costly alternative to housing is available; provided,
however, that funds appropriated  herein  may  only  be  used  for  such
purposes  if the cost of such allowances are not eligible for reimburse-
ment under medical assistance or other programs; and (c)  local  depart-
ments of social services safety net assistance expenditures for emergen-
cy  shelter,  transportation,  or nutrition payments may be made in kind
through the use or transfer of property.
  S 5. This act shall take effect immediately.

2015-S5534B (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §138, amd §131-a, Soc Serv L

2015-S5534B (ACTIVE) - Summary

Establishes a single point of access to benefits and services for people with HIV in each local department of social services.

2015-S5534B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5534B

 TITLE OF BILL :  An act to amend the social services law, in relation
to establishing access to benefits and services for people with HIV in
each local department of social services

 PURPOSE :

To establish access to benefits and services, including housing,
transportation and nutrition assistance, to every eligible person
infected with HIV, in each local department of social services
statewide.

 SUMMARY OF PROVISIONS :

Section One adds a new section 138 to the Social Services law
directing the Office of Temporary and Disability Assistance (OTDA) to
direct local Departments of Social Services (LDSS) to establish and
maintain access to benefits and services to every person in New York
State infected with HIV, who requests assistance, and shall ensure the
provision of benefits and services to eligible persons.

The Commissioner shall direct OTDA or LDSS to provide access to
benefits and services to every eligible person infected with HIV who
requests assistance, and shall ensure the provision of benefits to
eligible persons. Such benefits shall include, but not be 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.

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.

This bill amends section 131-a of the social services law to provide
that each person infected with HIV and otherwise eligible for benefits
and services herein not pay more than 30% of his or her monthly earned
income toward the cost of rent that such person has a direct
obligation to pay.

Additionally, this bill provides that New York State provide
reimbursement of 50% to local departments of social services with a
population over five million and 100% reimbursement for local
departments of social services with a population under five million.

 JUSTIFICATION :

The ability to meet basic subsistence needs - safe, affordable
housing, food, transportation - is essential for any person with HIV
to access and benefit from antiretroviral treatment. New York State's
Blueprint for Ending the AIDS Epidemic (ETE) by 2020 recognizes that
action to ensure greater housing stability is key to engaging and
retaining many low-income persons with HIV in the care needed to stay
healthy and prevent further transmission.

We simply cannot end the NYS AIDS epidemic while 10,000 or more
individuals and families with HIV across the state remain homeless or
unstably housed. Research findings strongly link unstable housing to
poor health outcomes, detectable viral load, HIV risk behaviors, and
increased rates of HIV infection. It can be conservatively estimated
that leaving 10,000 New Yorkers with HIV without stable housing will
result in at least 1,000 avoidable new HIV infections between now and
2020, undermining the ability to achieve our ETE goals.

Furthermore, there are estimated 4,000 homeless or unstably housed
people with HIV in the balance of the State outside New York City.
Localities outside NYC are not able to generate the revenue needed to
support the provision of the services referenced in this bill and thus
it is essential that the State provide the funding necessary for
implementation.

 LEGISLATIVE HISTORY :

S.7943 of 2014 (Hoylman): Died in Rules

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S5534B (ACTIVE) - Bill Text download pdf

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

                                 5534--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services --  recom-
  mitted  to  the Committee on Social Services in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the social services law,  in  relation  to  establishing
  access  to  benefits  and  services  for people with HIV in each local
  department of social 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. ACCESS TO HIV SERVICES. 1. THE OFFICE OF TEMPORARY AND DISABIL-
ITY ASSISTANCE SHALL DIRECT EACH LOCAL  DEPARTMENT  OF  SOCIAL  SERVICES
(LDSS)  TO  ESTABLISH  AND  MAINTAIN  ACCESS TO BENEFITS AND SERVICES AS
DEFINED IN SUBDIVISION THREE OF THIS SECTION TO EVERY  PERSON  WITH  HIV
INFECTION  WHO  REQUESTS  ASSISTANCE,  AND SHALL ENSURE THE PROVISION OF
BENEFITS AND SERVICES TO EACH ELIGIBLE PERSON INFECTED WITH HIV.
  2. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
ANCE SHALL DIRECT EACH LDSS TO PROVIDE TO PERSONS WITH HIV INFECTION WHO
SATISFY THE 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 IN AN AMOUNT NOT LESS THAN
ONE HUNDRED NINETY-THREE DOLLARS PER MONTH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11054-03-6

S. 5534--B                          2

  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 LDSS TO A PERSON  WITH  HIV  INFECTION  AT  A
SINGLE  LOCATION  IN ORDER TO APPLY FOR PUBLICLY SUBSIDIZED BENEFITS AND
SERVICES, TO ESTABLISH ANY AND ALL ELEMENTS  OF  ELIGIBILITY  INCLUDING,
BUT  NOT  LIMITED TO, ASSISTANCE PROVIDED AT A FIELD OFFICE OF THE LDSS,
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 MAINTAIN SUCH ELIGIBILITY;
  (2)  "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;
  (3) "MEDICALLY APPROPRIATE TRANSITIONAL AND PERMANENT  HOUSING"  SHALL
MEAN  HOUSING  WHICH  IS SUITABLE FOR PERSONS WITH HIV INFECTION, AND IF
NECESSARY, ACCESSIBLE TO PERSONS WITH DISABILITIES. SUCH  HOUSING  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, INDIVIDUAL REFRIGERATED FOOD AND MEDI-
CINE 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;
  (4) "PERSON WITH HIV INFECTION" SHALL MEAN A PERSON WHO HAS RECEIVED A
MEDICAL DETERMINATION THAT HE OR SHE IS INFECTED WITH HIV; AND
  (5) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE.
  (B)  THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROVIDE,
OR THE COMMISSIONER SHALL DIRECT LDSSS TO PROVIDE ACCESS TO BENEFITS AND
SERVICES TO EVERY  ELIGIBLE  PERSON  WITH  HIV  INFECTION  WHO  REQUESTS
ASSISTANCE,  AND  SHALL ENSURE THE PROVISION OF BENEFITS AND SERVICES TO
ELIGIBLE PERSONS WITH HIV INFECTION. ANY ELIGIBLE PERSON  SHALL  RECEIVE
ONLY  THOSE  BENEFITS  AND  SERVICES  FOR WHICH SUCH PERSON QUALIFIES IN
ACCORDANCE WITH THE APPLICABLE ELIGIBILITY STANDARDS ESTABLISHED  PURSU-
ANT  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 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 AS DEFINED IN SUBDIVISION
SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THE PUBLIC HEALTH LAW;  SUPPLE-
MENTAL  NUTRITION ASSISTANCE PROGRAM BENEFITS 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 CHAPTER; FINANCIAL BENEFITS; AND INTENSIVE  CASE  MANAGEMENT  AS
REQUIRED BY SUBDIVISION TWO OF THIS SECTION. THE COMMISSIONER SHALL HAVE
THE  AUTHORITY TO DIRECT EACH LDSS TO PROVIDE ACCESS TO ADDITIONAL BENE-
FITS AND SERVICES AND ENSURE THE PROVISION OF SUCH  ADDITIONAL  BENEFITS
AND  SERVICES WHENEVER DEEMED APPROPRIATE. THE REQUIREMENTS WITH RESPECT
TO SUCH ACCESS TO AND ELIGIBILITY 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

S. 5534--B                          3

TO WHICH AN APPLICANT SHALL BE ENTITLED TO A HOME OR HOSPITAL VISIT  FOR
THE  PURPOSE  OF  ESTABLISHING ELIGIBILITY AND APPLYING FOR BENEFITS AND
SERVICES.
  (C)(1)  UPON  WRITTEN  OR  ORAL APPLICATION OR SUBMISSION OF DOCUMENTS
REQUIRED TO ESTABLISH ELIGIBILITY FOR BENEFITS AND SERVICES BY A  PERSON
WITH  HIV  INFECTION,  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 BENEFITS AND SERVICES  IS  COMPLETE  OR  INCOM-
PLETE, 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 HIV INFECTION 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  HIV
INFECTION MAY NOT BE TERMINATED EXCEPT WHERE THE RECIPIENT IS DETERMINED
TO  NO  LONGER  SATISFY  ELIGIBILITY  REQUIREMENTS, IS DECEASED, OR UPON
CERTIFICATION BY THE LDSS THAT THE RECIPIENT CANNOT BE LOCATED TO VERIFY
HIS OR HER CONTINUED ELIGIBILITY  FOR  BENEFITS  AND  SERVICES.  IN  THE
LATTER  CIRCUMSTANCE,  THE  LDSS  SHALL  CONDUCT A REASONABLE GOOD FAITH
SEARCH FOR AT LEAST A NINETY DAY PERIOD TO LOCATE THE RECIPIENT, INCLUD-
ING SENDING WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,
TO  THE LAST KNOWN ADDRESS OF SUCH RECIPIENT, REQUIRING THE RECIPIENT TO
CONTACT THE LDSS WITHIN TEN DAYS.
  (G) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL DIRECT EACH LDSS TO PREPARE A  DRAFT  POLICY  AND
PROCEDURES  MANUAL  FOR  LDSS  STAFF.  SUCH POLICY AND PROCEDURES MANUAL
SHALL INCLUDE, BUT NOT BE LIMITED TO, STRICT GUIDELINES  ON  MAINTAINING
THE  CONFIDENTIALITY  OF THE IDENTITY OF AND INFORMATION RELATING TO ALL
APPLICANTS AND  RECIPIENTS,  INSTRUCTIONAL  MATERIALS  RELATING  TO  THE
MEDICAL  AND PSYCHOLOGICAL NEEDS OF PERSONS WITH HIV INFECTION, APPLICA-
TION PROCEDURES, ELIGIBILITY STANDARDS, MANDATED TIME  PERIODS  FOR  THE
PROVISION OF EACH BENEFIT AND SERVICE AVAILABLE TO APPLICANTS AND RECIP-
IENTS  AND  ADVOCACY  RESOURCES AVAILABLE TO PERSONS WITH HIV INFECTION.
SUCH LISTS OF ADVOCACY RESOURCES SHALL BE UPDATED SEMI-ANNUALLY.  WITHIN
THIRTY  DAYS  FOLLOWING  THE PREPARATION OF SUCH DRAFT POLICY AND PROCE-
DURES MANUAL AND PRIOR TO THE PREPARATION OF A FINAL POLICY  AND  PROCE-
DURES MANUAL, THE LDSS SHALL DISTRIBUTE SUCH DRAFT POLICY AND PROCEDURES
MANUAL  TO  ALL SOCIAL SERVICES AGENCIES AND ORGANIZATIONS THAT CONTRACT
WITH THE LDSS TO PROVIDE HIV-RELATED SERVICES AND TO ALL OTHERS WHOM THE
LDSS DEEMS APPROPRIATE, AND HOLD NO FEWER THAN ONE NOTICED PUBLIC  HEAR-
ING  AT  A SITE ACCESSIBLE TO THE DISABLED, AT WHICH ADVOCATES, SERVICES

S. 5534--B                          4

PROVIDERS, PERSONS WITH HIV INFECTION,  AND  ANY  OTHER  MEMBER  OF  THE
PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO COMMENT ON SUCH DRAFT POLICY AND
PROCEDURES MANUAL. EACH LDSS SHALL PREPARE A FINAL POLICY AND PROCEDURES
MANUAL WITHIN THIRTY DAYS AFTER THE CONCLUSION OF SUCH HEARING AND SHALL
THEREAFTER  REVIEW  AND WHERE APPROPRIATE, REVISE SUCH POLICY AND PROCE-
DURES MANUAL ON AN ANNUAL BASIS. EACH LDSS SHALL PROVIDE FOR SEMI-ANNUAL
TRAINING, USING SUCH POLICY AND  PROCEDURES  MANUAL,  FOR  ALL  DIVISION
STAFF.
  (H) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
EACH  LDSS  SHALL  PUBLISH A PROPOSED RULE ESTABLISHING A BILL OF RIGHTS
FOR PERSONS WITH HIV INFECTION. SUCH DRAFT BILL OF RIGHTS SHALL INCLUDE,
BUT NOT BE LIMITED TO, AN EXPLANATION OF THE BENEFITS AND  SERVICES  FOR
WHICH  PERSONS  WITH  HIV  INFECTION  MAY BE ELIGIBLE; TIMETABLES WITHIN
WHICH SUCH BENEFITS AND SERVICES SHALL BE PROVIDED TO ELIGIBLE  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 THER-
EIN; 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  AN  LDSS
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, EACH LDSS
SHALL HOLD NO FEWER THAN ONE NOTICED PUBLIC HEARING AT A SITE ACCESSIBLE
TO THE DISABLED AT WHICH ADVOCATES, SERVICE PROVIDERS, PERSONS WITH  HIV
INFECTION, AND ANY OTHER MEMBER OF THE PUBLIC SHALL BE GIVEN AN OPPORTU-
NITY  TO COMMENT ON SUCH DRAFT BILL OF RIGHTS. EACH LDSS 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  LDSS  OFFICES  THAT ARE OPEN TO THE PUBLIC AND SHALL BE
AVAILABLE FOR DISTRIBUTION 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 HIV INFECTIONS WHICH SHALL INCLUDE, BUT NOT
BE LIMITED TO, QUALITY ASSURANCE MEASUREMENTS.  THE  COMMISSIONER  SHALL
SUBMIT  SUCH  POLICIES  OR  PROCEDURES  TO  THE GOVERNOR, SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE IN WRITING WITHIN TEN
DAYS FROM THE DATE SUCH POLICIES OR PROCEDURES ARE ESTABLISHED.
  (J) BEGINNING ON SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN, AND  ON  THE
FIRST  DAY  OF  EACH CALENDAR QUARTER THEREAFTER, THE COMMISSIONER SHALL
SUBMIT A WRITTEN REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, MINOR-
ITY 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  HIV INFECTION WHO REQUESTED THE BENEFITS AND SERVICES SET
FORTH IN PARAGRAPH (B)  OF  THIS  SUBDIVISION  AND  ANY  OTHER  BENEFITS
PROVIDED  BY  LDSS,  DISAGGREGATED BY LDSS AND BY THE TYPE OF BENEFIT OR
SERVICE REQUESTED, AND THE AVERAGE LENGTH OF TIME  REQUIRED  TO  PROCESS
SUCH REQUESTS, DISAGGREGATED BY LDSS, AND THE TYPE OF BENEFIT OR SERVICE
REQUESTED;  THE NUMBER OF PERSONS WITH HIV INFECTION WHO REQUESTED BENE-
FITS AND SERVICED AND WERE DETERMINED TO BE INELIGIBLE FOR SUCH BENEFITS
AND SERVICES, DISAGGREGATED BY LDSS, BY THE TYPE OF BENEFIT  OR  SERVICE
REQUESTED, AND BY THE REASON FOR SUCH DETERMINATIONS; THE NUMBER OF LDSS

S. 5534--B                          5

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 LDSS; 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 LDSS 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  LDSS;  THE  NUMBER  OF
REQUESTS  FOR  EMERGENCY  HOUSING  ASSISTANCE,  THE  NUMBER  OF  PERSONS
REFERRED  TO EMERGENCY HOUSING ASSISTANCE, THE AVERAGE LENGTH OF STAY IN
EMERGENCY ASSISTANCE, 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 AVER-
AGE LENGTH OF TIME FROM  REQUEST  TO  PLACEMENT;  THE  NUMBER  OF  CASES
CLOSED,  DISAGGREGATED  BY LDSS 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 ADMINISTRA-
TIVE  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  HEARING DECISIONS, AND THE
NUMBER OF ARTICLE SEVENTY-EIGHT DECISIONS RENDERED IN  FAVOR  OF  APPLI-
CANTS  OR  RECIPIENTS.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "FIELD
OFFICE" SHALL MEAN ANY OFFICE OF THE DEPARTMENT AT  WHICH  PERSONS  WITH
HIV INFECTION MAY ACCESS BENEFITS AND SERVICES.
  (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 HIV INFECTION AS REQUIRED BY THIS SECTION. THIS ADVISORY
BOARD SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED FOR TWO YEAR TERMS
AS FOLLOWS: TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE  ASSEM-
BLY,  TWO  MEMBER  SHALL  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE, ONE MEMBER SHALL BE APPOINTED BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY,  ONE  MEMBER  SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE AND THE REMAINING FIVE MEMBERS SHALL BE APPOINTED BY  THE  GOVER-
NOR.  AT LEAST ONE OF THE APPOINTMENTS MADE BY THE SPEAKER OF THE ASSEM-
BLY AND THE TEMPORARY PRESIDENT OF THE SENATE, AND AT LEAST THREE OF THE
APPOINTMENTS MADE BY THE GOVERNOR SHALL BE  ELIGIBLE  FOR  BENEFITS  AND
SERVICES  PURSUANT  TO  THIS  SECTION.  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 HIV INFECTION WHICH MAY INCLUDE QUALITY ASSURANCE  MEASURE-
MENTS.  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 COMMISSIONER.
  S  2.  Subdivision  14 of section 131-a of the social services law, as
added by section 1 of part H of chapter 58  of  the  laws  of  2014,  is
amended to read as follows:

S. 5534--B                          6

  14.  In  determining  the  need  for  aid  provided pursuant to public
assistance programs, each person living with [clinical/symptomatic]  HIV
[illness  or  AIDS  in  social services districts with a population over
five million who is receiving services through such district's  adminis-
trative  unit  providing HIV/AIDS services, public assistance and earned
and/or unearned income,] INFECTION shall not be  required  to  pay  more
than  thirty percent of his or her monthly earned and/or unearned income
toward the cost of rent that such person has a direct obligation to pay;
this provision shall not apply to room and board arrangements.
  S 3. The commissioner  of  the  office  of  temporary  and  disability
assistance  shall  amend  18  N.Y.C.R.R.  S  352.3(k) as follows: (a) to
require the office of  temporary  and  disability  assistance  or  local
departments  of social services to provide emergency shelter allowances,
upon request, to households composed of an  applicant  or  recipient  of
public  assistance  who  has been medically diagnosed with HIV infection
and any family members residing with such person; (b) to set the  amount
of  the  maximum emergency shelter allowance available at the amount, of
the fair market rent (FMR) set by the United States department of  hous-
ing  and  urban  development for the size the eligible household and FMR
area where the household is located, with the allowance in no  event  to
be  greater than the actual monthly rent due; and (c) pursuant to subdi-
vision 14 of section 131-a of the social services  law,  as  amended  in
this  act,  to  calculate  the amount of the emergency shelter allowance
available to a person with HIV infection who has earned and/or  unearned
income up to 200 percent of the federal poverty guidelines as a function
of  actual  total monthly rent due less 30 percent of the monthly earned
and/or unearned income of the person with HIV infection.
  S 4. Notwithstanding section 153 of the social  services  law  or  any
other  inconsistent provision of law (a) for local departments of social
services with a population over five million, New York state shall reim-
burse 50 percent of safety net  assistance  expenditures  for  emergency
shelter, transportation, or nutrition payments which the district deter-
mines are necessary to establish or maintain independent living arrange-
ments  among  persons  with HIV infection and who are homeless or facing
homelessness and for whom no viable and less costly alternative to hous-
ing is available; provided, however, that funds appropriated herein  may
only  be  used  for such purposes if the cost of such allowances are not
eligible for reimbursement under medical assistance or  other  programs;
and (b) for local departments of social services with a population under
five million, New York state shall pay or reimburse 100 percent of safe-
ty net assistance expenditures for emergency shelter, transportation, or
nutrition payments necessary to establish or maintain independent living
arrangements  among  persons  with HIV infection and who are homeless or
facing homelessness and for whom no viable and less  costly  alternative
to  housing  is  available;  provided,  however, that funds appropriated
herein may only be used for such purposes if the cost of such allowances
are not eligible for reimbursement under  medical  assistance  or  other
programs.
  S 5. This act shall take effect immediately.

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Senate Bill S5534

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Sponsored By

Brad Hoylman-Sigal

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

Bill Amendments

2015-S5534 - Details

2015-S5534 - Summary

2015-S5534 - Sponsor Memo

2015-S5534 - Bill Text download pdf

2015-S5534A - Details

2015-S5534A - Summary

2015-S5534A - Sponsor Memo

2015-S5534A - Bill Text download pdf

2015-S5534B (ACTIVE) - Details

2015-S5534B (ACTIVE) - Summary

2015-S5534B (ACTIVE) - Sponsor Memo

2015-S5534B (ACTIVE) - Bill Text download pdf

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