NY State Senate Bill 2019-S290

Senate Bill S290

2019-2020 Legislative Session

Establishes the housing opportunities for people to empower excellence and equity (HOPE) trust fund

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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
Jan 08, 2020	referred to mental health and developmental disabilities
Jan 09, 2019	referred to mental health and developmental disabilities

2019-S290 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §41.58, Ment Hyg L; add §99-ff, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6840
2017-2018: S872
2021-2022: S3195

2019-S290 (ACTIVE) - Summary

Establishes the housing opportunities for people to empower excellence and equity (HOPE) trust fund to provide access to rental housing; to facilitate the construction, renovation and rehabilitation of facilities to provide additional residential opportunities; to develop new and innovative approaches to residential living and to promote creation of sustainable living environments for people with developmental disabilities.

2019-S290 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S290

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the mental hygiene law and the state finance law, in
relation to the housing opportunities for people to empower excellence
and equity trust fund

 
PURPOSE OR GENERAL IDEA OF BILL:

To support aging family caregivers who provide for those with develop-
mental disabilities who can no longer effectively provide care due to
their own age related disabilities in state operated and not-for-profit
operated housing.

 
SUMMARY OF PROVISIONS:

Section 1 establishes legislative findings.

Section 2 amends the mental hygiene law by adding a new section 41.56.

(a) The HOPE trust fund is established for the purpose of providing
access to rental housing for persons with developmental disabilities as
well as facilitating new construction and renovation. The fund would be
administered by the Office of People with Developmental Disabilities in
consultation with the Department of Health. OPWDD and DOH would provide
a mechanism to identify and prioritize need by region and would work
with other agencies and interested persons in planning for satisfaction
of identified needs.

(b) Funding for the trust fund would be used for housing and other non-
Medicaid funded supports to insure identified priorities can be met, in
consultation with the Commissioner of Health. The Commissioner of OPWDD
would allocate the funds by region each year.

(c) An annual plan for the use of the HOPE Trust Fund would be developed
and approved by the HOPE Trust Fund Board, which would be composed of
the Commissioner of OPWDD (chair), and twelve members of the public
appointed by the Governor. There would be two recommendations from the
Speaker of the Assembly, two from the Temporary President of the Senate,
one from the Minority Leader of the Assembly, and one from the Minority
Leader of the Senate. The Commissioners of Health and Housing and Commu-
nity Renewal, the Director of the Division of the Budget and the Chief
Executive Officers of the Dormitory Authority and Mortgage Agency would
serve as ex officio members of the board. Membership of the board would
include self-advocates, parents, guardians, and family members of
persons with developmental disabilities and others with expertise in the
provision of residential services.

(d) In developing a plan for the disbursement of funds from the HOPE
Trust Fund, the board would:

(i) Determine eligibility requirements for individuals with develop-
mental disabilities.

(ii) Establish audit protocols for non-profit organizations licensed.


(iii) Prepare an annual progress report on the status of persons waiting
for services, the number of those serviced through the fund, the
settings such persons are served in and the extent of federal financial
participation.

(e) In order to receive HOPE Fund monies, an authorized provider of
waiver services must contract with OPWDD and agree to terms and condi-
tions, which would include:

(i) A description of how operating expenses of the project shall be met.

(ii) A description of the services and supports which would be available
to persons served.

(iii) A description of how the project will provide services to eligible
individuals.

(iv) Type of facility proposed.

(v) Other terms and conditions that may be required by such office.

(f) The board may authorize expenditures from the fund for expenses
deemed appropriate to develop person centered residential services:

(i) Technical assistance for general project development.

(ii) Necessary legal, architectural, financial, and other consulting
services.

(iii) Cost of renovation, construction, and rehabilitation for residen-
tial projects authorized.

(iv) Funding for rental assistance and housing subsidies.

(g) OPWDD is directed to authorize and fund any necessary home and
community based Medicaid waiver services for individuals placed into
projects completed.

Section 3 amends the state finance law by adding a new section 99-y.

(1) The HOPE Trust Fund is established in joint custody of the State
Comptroller and Commissioner of Taxation and Finance. (2) The fund will
consist of all monies appropriated for its purpose, all monies required
by this section to be paid into or credited to the fund, and no less
than five hundred million dollars collected by the state in settlements
from banking institutions or other financial services organizations.
Grants, gifts, or bequests can be accepted to the fund. (3) Monies of
the fund, when allocated, will be available for administrative costs of
the HOPE Trust Fund Board and for funding the costs of providing housing
and residential supports to persons with developmental disabilities.

(4) Monies will be payable from the fund on the audit and warrant of the
State Comptroller on vouchers approved and certified by the Commissioner
of OPWDD.

Section 4, immediate effective date.

 
JUSTIFICATION:
Adults with intellectual or developmental disabilities have lived at
home with family their entire lives, which has resulted in substantial
savings for New York State. As these family caregivers age, however,
they no longer can provide care due to their own age related disabili-
ties. It is incumbent upon the state of New York that a source of fund-
ing is provided in order to allow these families access to appropriate
residential opportunities.

 
PRIOR LEGISLATIVE HISTORY:

S. 872B of 2017/2018 Passed Senate.
S. 6840 of 2016; Referred to Mental Health and Developmental Disabili-
ties

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2019-S290 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    290
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the mental hygiene law and the  state  finance  law,  in
   relation to the housing opportunities for people to empower excellence
   and equity trust fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  Many  adults  with  intellectual  or
 developmental  disabilities  have lived at home with family their entire
 lives, which has resulted in substantial savings for the  state  of  New
 York over many years. In a growing number of cases, however, these indi-
 viduals  now  live with aging family caregivers who can no longer effec-
 tively provide care due to their own age related disabilities and  these
 individuals  and  their  families remain on waiting lists for years at a
 time, awaiting the opportunity  to  access  an  appropriate  residential
 opportunity.  The  legislature therefore finds that it is incumbent upon
 the state of New York to address the needs of these aging caregivers and
 their loved ones by identifying a source of funding to assist in meeting
 the residential needs of these individuals.
   § 2. The mental hygiene law is amended by adding a new  section  41.58
 to read as follows:
 § 41.58 THE  HOUSING  OPPORTUNITIES FOR PEOPLE TO EMPOWER EXCELLENCE AND
           EQUITY TRUST FUND.
   (A) THE HOUSING OPPORTUNITIES FOR PEOPLE  TO  EMPOWER  EXCELLENCE  AND
 EQUITY,  HEREINAFTER  REFERRED  TO  AS  THE HOPE TRUST FUND, ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-FF OF THE STATE FINANCE  LAW,  SHALL  BE
 ADMINISTERED  AND  OVERSEEN IN ACCORDANCE WITH THESE PROVISIONS WITH THE
 PURPOSE OF PROVIDING ACCESS TO RENTAL HOUSING FOR PERSONS WITH  DEVELOP-
 MENTAL  DISABILITIES;  TO  FACILITATE  THE  CONSTRUCTION, RENOVATION AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02426-01-9

 S. 290                              2
 
 REHABILITATION OF FACILITIES TO PROVIDE ADDITIONAL RESIDENTIAL  OPPORTU-
 NITIES  FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES; TO DEVELOP NEW AND
 INNOVATIVE APPROACHES TO RESIDENTIAL LIVING WHICH BRING PEOPLE INTO  THE
 COMMUNITY  CONSISTENT  WITH THE GOAL OF FULL INTEGRATION OF PERSONS WITH
 DISABILITIES AND TO PROMOTE CREATION OF SUSTAINABLE LIVING  ENVIRONMENTS
 THROUGH HOME MODIFICATIONS, PAYMENT ASSISTANCE OPTIONS AND HOME REPAIRS.
 THE TRUST FUND WOULD BE ADMINISTERED BY THE OFFICE OF PEOPLE WITH DEVEL-
 OPMENTAL DISABILITIES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, TO
 PROVIDE A MECHANISM TO IDENTIFY AND PRIORITIZE NEED, BY REGION, AND WORK
 WITH  OTHER STATE AGENCIES, LOCAL GOVERNMENT UNITS, AND OTHER INTERESTED
 PERSONS, INCLUDING PEOPLE WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILI-
 TIES,  PARENTS  OR GUARDIANS OR SUCH PERSONS, ADVOCATES FOR SUCH PERSONS
 AND SERVICE PROVIDERS IN PRIORITIZING AND PLANNING FOR THE  SATISFACTION
 OF THE IDENTIFIED NEEDS.
   (B)  THE  FUNDING FROM THE TRUST FUND SHALL BE USED FOR STATE-OPERATED
 AND  NOT-FOR-PROFIT  OPERATED  HOUSING  AND  OTHER  NON-MEDICAID  FUNDED
 SUPPORTS  TO  INSURE  THAT  THE IDENTIFIED PRIORITY NEEDS CAN BE MET, IN
 CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE  COMMISSIONER  OF  THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES SHALL ALLOCATE THE
 FUNDS, BY REGION, IN ORDER TO IMPLEMENT THE HOPE TRUST  FUND  PLAN  EACH
 YEAR.  FUNDS  WOULD  BE  TRANSFERRED  FROM THE FUND TO SUPPORT THE ABOVE
 PURPOSES, AS MAY BE DIRECTED BY  THE  COMMISSIONER  OF  THE  OFFICE  FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   (C)  AN ANNUAL PLAN FOR THE USE OF THE HOPE TRUST FUND WOULD BE DEVEL-
 OPED AND APPROVED BY THE HOPE TRUST FUND BOARD COMPOSED OF  THE  COMMIS-
 SIONER  OF  THE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WHO
 WILL SERVE AS CHAIR, AND TWELVE MEMBERS OF THE PUBLIC APPOINTED  BY  THE
 GOVERNOR, OF WHOM TWO SHALL BE UPON THE RECOMMENDATION OF THE SPEAKER OF
 THE  ASSEMBLY,  TWO  SHALL  BE  UPON THE RECOMMENDATION OF THE TEMPORARY
 PRESIDENT OF THE SENATE, ONE SHALL BE UPON  THE  RECOMMENDATION  OF  THE
 MINORITY  LEADER  OF THE STATE ASSEMBLY AND ONE SHALL BE UPON THE RECOM-
 MENDATION OF THE MINORITY LEADER OF THE STATE SENATE. THE  COMMISSIONERS
 OF  HEALTH  AND  OF  HOUSING  AND COMMUNITY RENEWAL, THE DIRECTOR OF THE
 DIVISION OF THE BUDGET AND THE CHIEF EXECUTIVE OFFICERS OF THE DORMITORY
 AUTHORITY OF THE STATE OF THE NEW YORK AND OF  THE  STATE  OF  NEW  YORK
 MORTGAGE  AGENCY SHALL SERVE AS EX OFFICIO MEMBERS OF THE BOARD. MEMBER-
 SHIP OF THE BOARD SHALL INCLUDE SELF-ADVOCATES, PARENTS,  GUARDIANS  AND
 FAMILY MEMBERS OF PERSONS WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND
 OTHERS WITH EXPERTISE IN THE PROVISION OF RESIDENTIAL SERVICES.
   (D)  IN  DEVELOPING A PLAN FOR THE DISBURSEMENT OF FUNDS FROM THE HOPE
 TRUST FUND, THE BOARD SHALL:
   (I) DETERMINE ELIGIBILITY  REQUIREMENTS  FOR  THOSE  INDIVIDUALS  WITH
 DEVELOPMENTAL  DISABILITIES  WHO  ARE PROVIDED SERVICES THROUGH THE FUND
 AND WHO ARE DEFINED PURSUANT TO SUBDIVISION TWENTY-TWO OF  SECTION  1.03
 OF  THIS  CHAPTER. IN ESTABLISHING ELIGIBILITY, THE BOARD SHALL CONSIDER
 THE LENGTH OF TIME THE  INDIVIDUAL  HAS  BEEN  WAITING  FOR  RESIDENTIAL
 SERVICES,  THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE CARE,
 AND THE EXTENT OF AN INDIVIDUAL'S NEEDS. INDIVIDUALS WHO, IN  ACCORDANCE
 WITH  THE  RESIDENTIAL  OPPORTUNITIES PROTOCOL ESTABLISHED BY THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, HAVE BEEN DETERMINED  TO  BE
 EITHER  PRIORITY  ONE  (REQUIRING  EMERGENCY PLACEMENT DUE TO ABUSIVE OR
 NEGLECTFUL SITUATION, FACING IMMINENT DANGER TO SELF  OR  OTHERS  OR  AT
 RISK  OF  HOMELESSNESS,  AMONG OTHER FACTORS) OR PRIORITY TWO (REQUIRING
 URGENT OR EMERGENCY PREVENTION PLACEMENT, AS A RESULT OF AGING OR  FAIL-
 ING  HEALTH OF CAREGIVERS, RISK OF NEGLECT OR ABUSE, OR THE INDIVIDUAL'S

 S. 290                              3
 
 MEDICAL OR PHYSICAL CONDITION, AMONG OTHER FACTORS)  SHALL  BE  ELIGIBLE
 FOR THE SUPPORT OF THE TRUST FUND.
   (II)  ESTABLISH  AUDIT PROTOCOLS FOR NON-PROFIT ORGANIZATIONS LICENSED
 PURSUANT TO THIS CHAPTER TO ASSURE THAT ANY MONIES SPENT FROM  THE  HOPE
 TRUST  FUND ARE APPROPRIATELY EXPENDED CONSISTENT WITH THE PROVISIONS OF
 THIS SECTION.
   (III) ESTABLISH FUNDING LEVELS FOR STATE-OPERATED  AND  NOT-FOR-PROFIT
 OPERATED PROGRAMS PROVIDING SERVICES UNDER THIS SECTION. HOWEVER, STATE-
 OPERATED  PROGRAMS  SHALL  RECEIVE A MINIMUM OF FIFTY PERCENT OF FUNDING
 AVAILABLE IN THIS FUND.
   (IV) PREPARE AN ANNUAL PROGRESS REPORT ON THE STATUS OF PERSONS  WAIT-
 ING  FOR  SERVICES,  THE  NUMBER  OF INDIVIDUALS SERVED THROUGH THE HOPE
 TRUST FUND, THE SETTINGS SUCH PERSONS ARE SERVED IN AND  THE  EXTENT  OF
 FEDERAL FINANCIAL PARTICIPATION IN THE FUND.
   (E)  IN  ORDER  TO  RECEIVE MONIES PROVIDED BY THE FUND, AN AUTHORIZED
 PROVIDER OF WAIVER SERVICES TO PERSONS WITH  DEVELOPMENTAL  DISABILITIES
 MUST ENTER INTO A CONTRACT WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES.  APPROVAL  OF SUCH CONTRACT SHALL REQUIRE SUCH PROVIDER TO
 AGREE TO TERMS AND CONDITIONS INCLUDING:
   (I) A DESCRIPTION OF THE MANNER IN WHICH  OPERATING  EXPENSES  OF  THE
 PROJECT  SHALL BE MET, INCLUDING THE USAGE OF AVAILABLE FEDERAL FUNDING,
 AS APPROPRIATE, INCLUDING, BUT NOT  LIMITED,  TO  SUPPLEMENTAL  SECURITY
 INCOME AND SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM BENEFITS;
   (II)  A  DESCRIPTION  OF  THE  SERVICES  AND  SUPPORTS  WHICH SHALL BE
 PROVIDED TO ELIGIBLE PERSONS WITH DEVELOPMENTAL DISABILITIES  SERVED  BY
 THE FUND;
   (III)  A  DESCRIPTION  OF THE MANNER IN WHICH THE PROJECT WILL PROVIDE
 PERSON CENTERED SERVICES TO THE ELIGIBLE INDIVIDUAL;
   (IV) THE TYPE OF FACILITY PROPOSED; AND
   (V) SUCH OTHER TERMS AND CONDITIONS AS MAY BE REQUIRED BY SUCH OFFICE.
   (F) THE BOARD MAY AUTHORIZE EXPENDITURES FROM THE HOPE TRUST FUND  FOR
 EXPENSES  THAT  IT DEEMS APPROPRIATE TO DEVELOP PERSON CENTERED RESIDEN-
 TIAL SERVICES FOR ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL  DISABILITIES.
 SUCH EXPENSES MAY INCLUDE:
   (I)  TECHNICAL  ASSISTANCE  FOR GENERAL PROJECT DEVELOPMENT AND OPERA-
 TION;
   (II) NECESSARY LEGAL, ARCHITECTURAL, FINANCIAL  AND  OTHER  CONSULTING
 SERVICES;
   (III)  THE  COST  OF  RENOVATION,  CONSTRUCTION AND REHABILITATION FOR
 RESIDENTIAL PROJECTS AUTHORIZED PURSUANT TO THIS SECTION; AND
   (IV) FUNDING FOR RENTAL ASSISTANCE AND HOUSING  SUBSIDIES  ALONG  WITH
 RENTAL SECURITY ASSISTANCE.
   (G)  THE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES IS HEREBY
 DIRECTED TO AUTHORIZE AND FUND ANY NECESSARY HOME  AND  COMMUNITY  BASED
 MEDICAID  WAIVER SERVICES FOR INDIVIDUALS PLACED INTO PROJECTS COMPLETED
 PURSUANT TO THIS SECTION.
   § 3. The state finance law is amended by adding a new section 99-ff to
 read as follows:
   § 99-FF. HOUSING OPPORTUNITIES FOR PEOPLE TO  EMPOWER  EXCELLENCE  AND
 EQUITY  TRUST  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
 OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE  A
 FUND TO BE KNOWN AS THE "HOPE TRUST FUND".
   2.  THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
 ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO  BE
 PAID  INTO  OR  CREDITED  TO  SUCH  FUND,  AND NO LESS THAN FIVE HUNDRED
 MILLION DOLLARS COLLECTED BY  THE  STATE  IN  SETTLEMENTS  FROM  BANKING

 S. 290                              4
 
 INSTITUTIONS   OR   OTHER   FINANCIAL  SERVICES  ORGANIZATIONS.  NOTHING
 CONTAINED HEREIN SHALL PREVENT THE DEPARTMENT OF HEALTH  OR  THE  OFFICE
 FOR  PEOPLE WITH DEVELOPMENTAL DISABILITIES FROM RECEIVING GRANTS, GIFTS
 OR  BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
 IN SECTION 41.58 OF THE MENTAL HYGIENE LAW AND DEPOSITING THEM INTO  THE
 FUND ACCORDING TO LAW.
   3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE FOR ADMINIS-
 TRATIVE  COSTS  OF  THE  HOPE  TRUST  FUND BOARD ESTABLISHED PURSUANT TO
 SECTION 41.58 OF THE MENTAL HYGIENE LAW AND FOR  FUNDING  THE  COSTS  OF
 PROVIDING HOUSING AND RESIDENTIAL SUPPORTS TO PERSONS WITH DEVELOPMENTAL
 DISABILITIES  IN  ACCORDANCE  WITH  SUCH  SECTION THAT ARE NOT OTHERWISE
 REIMBURSED BY THE MEDICAL ASSISTANCE OR OTHER PROGRAMS, AS  ADMINISTERED
 AND AUTHORIZED BY SUCH BOARD.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
 SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 4. This act shall take effect immediately.

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