Assembly Bill A10528

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10528
 
                           I N  A S S E M B L Y
 
                               June 15, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Bronson,
   Meeks) -- read once and referred to the Committee on Social Services
 
 AN ACT to amend the  social  services  law,  in  relation  to  assisting
   persons  with medically diagnosed HIV infection; and repealing certain
   provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section 131-a of the social services law,
 as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
 amended to read as follows:
   14.  In  determining the [need for] AMOUNT OF aid provided pursuant to
 public assistance programs, each person living with medically  diagnosed
 HIV  infection  [as  defined  by the AIDS institute of the department of
 health in social services districts with a population over five million]
 who APPLIES FOR OR is receiving [services through such district's admin-
 istrative unit providing HIV/AIDS services,] public assistance  and  HAS
 earned  and/or unearned income, UP TO TWO HUNDRED PERCENT OF THE FEDERAL
 POVERTY GUIDELINES, 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 THE AMOUNT OF PAYMENT OBLIGATIONS FOR room
 and board arrangements  ATTRIBUTABLE  TO  THE  PROVISION  OF  GOODS  AND
 SERVICES OTHER THAN LIVING SPACE.
   §  2.  Subdivision  15  of section 131-a of the social services law is
 REPEALED and a new subdivision 15 is added to read as follows:
   15. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, IN DETERMINING THE AMOUNT OF AID PROVIDED
 PURSUANT TO PUBLIC ASSISTANCE PROGRAMS, SOCIAL SERVICE DISTRICTS  SHALL,
 UPON  APPLICATION,  PROVIDE ACCESS TO EMERGENCY SHELTER, TRANSPORTATION,
 OR NUTRITION PAYMENTS WHICH THE DISTRICT  DETERMINES  ARE  NECESSARY  TO
 ESTABLISH  OR  MAINTAIN  INDEPENDENT  LIVING  ARRANGEMENTS AMONG PERSONS
 LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION WHO ARE HOMELESS OR FACING
 HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUS-
 ING IS AVAILABLE, INCLUDING HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01530-03-2
 A. 10528                            2
 
 EXCESS  OF  THOSE  PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE BUT NOT EXCEEDING AN AMOUNT  REASONABLY  APPROXIMATE  TO  ONE
 HUNDRED  TEN  PERCENT  OF  FAIR MARKET RENT AS DETERMINED BY THE FEDERAL
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   §  3.  Section 131 of the social services law is amended by adding two
 new subdivisions 21 and 22 to read as follows:
   21. WHEN NECESSARY, EACH LOCAL SOCIAL SERVICES DISTRICT  SHALL  ASSIST
 PERSONS  WITH MEDICALLY DIAGNOSED HIV INFECTION BY (I) HELPING TO SECURE
 THE REQUIRED DOCUMENTATION TO DETERMINE ELIGIBILITY FOR ASSISTANCE, (II)
 ARRANGING FOR REQUIRED FACE-TO-FACE INTERVIEWS TO  BE  CONDUCTED  DURING
 HOME VISITS OR AT OTHER APPROPRIATE SITES, AND (III) PROVIDING REFERRALS
 FOR  SERVICES  AS  WELL AS OTHER RESOURCES AND MATERIALS AS DESCRIBED IN
 SUBDIVISION TWENTY-TWO OF THIS SECTION.
   22. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH,  SHALL
 CREATE,  MAINTAIN,  AND  PERIODICALLY UPDATE INFORMATION ON THE OFFICE'S
 WEBSITE REGARDING RESOURCES AND SERVICES THROUGHOUT THE STATE, INCLUDING
 THE LOCATION OF SUCH SERVICES, WHICH SHALL INCLUDE BUT  NOT  BE  LIMITED
 TO,  COMMUNITY  BASED  SUPPORTS,  EMPLOYMENT  OPPORTUNITIES, AND MEDICAL
 PROFESSIONALS SPECIALIZED IN ASSISTING SUCH PERSONS WITH MEDICALLY DIAG-
 NOSED HIV  INFECTION  TO  BE  UTILIZED  BY  THE  LOCAL  SOCIAL  SERVICES
 DISTRICTS. SUCH INFORMATION SHALL ALSO BE MADE AVAILABLE ON THE OFFICE'S
 WEBSITE.
   §  4. Paragraphs f and g of subdivision 1 of section 153 of the social
 services law, paragraph f as amended by chapter 81 of the laws  of  1995
 and  paragraph  g  as  amended  by  chapter 471 of the laws of 1980, are
 amended and a new paragraph h is added to read as follows:
   f. the full amount expended by any  district,  city,  town  or  Indian
 tribe  for  the  costs,  including the costs of administration of public
 assistance and care to eligible needy Indians and members of their fami-
 lies residing on any Indian  reservation  in  this  state,  after  first
 deducting  therefrom  any  federal  funds  properly  received  or  to be
 received on account thereof[.];
   [(g)] G. fifty per centum of the amount expended for  substance  abuse
 services  pursuant  to this chapter, after first deducting therefrom any
 federal funds properly received or to be received on account thereof. In
 the event funds appropriated  for  such  services  are  insufficient  to
 provide  full  reimbursement  of the total of the amounts claimed by all
 social services districts pursuant to this  section  then  reimbursement
 shall be in such proportion as each claim bears to such total[.]; AND
   H.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ONE HUNDRED PER
 CENTUM OF SAFETY  NET  OR  FAMILY  ASSISTANCE  EXPENDITURES,  IN  SOCIAL
 SERVICES  DISTRICTS  WITH A POPULATION OF FIVE MILLION OR FEWER, FOR HIV
 EMERGENCY SHELTER ALLOWANCE PAYMENTS IN EXCESS OF THOSE  PROMULGATED  BY
 THE  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT EXCEEDING AN
 AMOUNT REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR  MARKET
 RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVEL-
 OPMENT, AND FOR TRANSPORTATION OR NUTRITION PAYMENTS, WHICH THE DISTRICT
 DETERMINES  ARE  NECESSARY  TO  ESTABLISH OR MAINTAIN INDEPENDENT LIVING
 ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION
 AND WHO ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO  VIABLE  AND
 LESS  COSTLY  ALTERNATIVE TO HOUSING IS AVAILABLE, AFTER FIRST DEDUCTING
 THEREFROM ANY FEDERAL FUNDS PROPERLY  RECEIVED  OR  TO  BE  RECEIVED  ON
 ACCOUNT THEREOF.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.