The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10139
 
                           I N  A S S E M B L Y
 
                                May 2, 2022
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT in relation to establishing a temporary commission to study aging
   in place in mental health housing; and providing  for  the  repeal  of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. A temporary commission shall be established  within  the
 office  of mental health to be known as the mental health housing evalu-
 ation commission for aging in place  (hereinafter  referred  to  as  the
 "commission") to make recommendations including, but not limited to, the
 following:
   (a)  solutions for removing barriers to ensure residents of community-
 based mental health housing programs can successfully age in place while
 receiving adequate care;
   (b) identifying policy, procedure, or regulatory changes that  aim  to
 remove  barriers  to  residents of community-based mental health housing
 programs to receive both mental health and medical care,  including  the
 ability  to hire health care professionals, including but not limited to
 nurses and/or health home aides;
   (c) an action plan  for  making  residences  American  Disability  Act
 compliant;
   (d)  necessary  training for residential staff to understand the needs
 of the elderly for which they are providing care; and
   (e) types of assistance to consider  when  transporting  residents  to
 medical appointments and ensuring the proper follow-up occurs.
   2.  The  commission  shall  consist  of nine members as follows: three
 members shall be  appointed  by  the  governor;  two  members  shall  be
 appointed by the speaker of the assembly; two members shall be appointed
 by  the temporary president of the senate; one member shall be appointed
 by the minority leader of the senate; and one member shall be  appointed
 by  the minority leader of the assembly. The commission members shall be
 appointed within 60 days after this act shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15613-01-2

 A. 10139                            2
 
   Members so appointed shall consist of at least: one representative  of
 a  statewide  organization  or  advocacy  group  for residents of mental
 health housing programs; at least  one  health  care  professional  with
 expertise  in  the  needs of the elderly/aging residents of a congregate
 care setting with significant medical issues; at least one mental health
 professional  with expertise in the needs of elderly mental health hous-
 ing residents with a severe and persistent mental illness; and at  least
 one  member  shall  be  a director of a mental health housing program. A
 chairperson shall be nominated by a majority vote from among the members
 of the commission.
   3. No member, officer or employee of the commission shall be disquali-
 fied from holding any other public office or employment, nor shall he or
 she forfeit any such office or  employment  by  reason  of  his  or  her
 appointment  hereunder,  notwithstanding  the provisions of any general,
 special, or local law, ordinance or city charter.
   4. The members of the commission shall  receive  no  compensation  for
 their  services but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties  hereunder.  The  commission
 shall  meet  at  least  three times, or more if deemed necessary, at the
 call of the chairperson to fulfill its duties.
   5. The commission shall make a report of its findings,  including  any
 recommendations  required pursuant to subdivision one of this section as
 well as any legislative or budgetary initiatives as it may  deem  neces-
 sary  and appropriate. Such report shall be provided to the governor and
 the legislature no later than twelve months after this  act  shall  have
 become a law.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed thirty days after the report required pursuant to subdi-
 vision five of section one of this act has been presented to the  legis-
 lature;  provided, further, that the commissioner of mental health shall
 notify the legislative bill drafting commission upon the  submission  of
 the  report  required  by subdivision five of section one of this act to
 the legislature, in order that the commission may maintain  an  accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.