NY State Senate Bill S5035

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2022	referred to mental health delivered to assembly passed senate
Jan 24, 2022	advanced to third reading
Jan 20, 2022	2nd report cal.
Jan 19, 2022	1st report cal.245
Jan 05, 2022	referred to mental health returned to senate died in assembly
Jun 03, 2021	referred to mental health delivered to assembly passed senate
May 26, 2021	ordered to third reading cal.1343 committee discharged and committed to rules
Feb 22, 2021	referred to mental health

Votes

Co-Sponsors

S5035 (ACTIVE) - Details

See Assembly Version of this Bill:: A4303
Current Committee:: Assembly Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.15, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S184
2011-2012: S3427
2013-2014: S3248
2015-2016: S1399, A6330
2017-2018: S3400, A5874
2019-2020: S4749, A5186
2023-2024: A316

S5035 (ACTIVE) - Summary

Requires the establishment of community housing waiting lists within the office of mental health service system; directs each provider of housing services in the office of mental health system to provide, on a monthly basis, the office of mental health with a list of each person referred to, admitted to, applying for, withdrawing an application for and denied admission to housing provided by such provider; requires the community-based agency performing assessments of persons with a documented mental illness to provide the office with the names of such who have been assessed and who meet the eligibility criteria for the array of funded and/or licensed housing programs; requires such office to publish such waiting lists on a monthly basis.

S5035 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5035

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the establishment
of community housing waiting lists for adults within the office of
mental health service system

 
PURPOSE:

This legislation would enable the state to track the wait time for
persons with Psychiatric disabilities seeking supportive, supervised or
congregate housing in the office of mental health system.

 
SUMMARY OF PROVISIONS:

* Amends section 7.15 of the mental hygiene law, providing for estab-
lishing waiting lists.

* Defines terms "provider of housing services" and "agency or institu-

tion".

* The agency shall forward for collection names of the applicants to the
office of mental health.  The Commissioner shall prepare a written
report on the community housing waiting list.

 
JUSTIFICATION:

There is a great need for the establishment of a waiting list that would
truly reflect the need for housing and related services for people in
New York with mental disabilities, and match those people up with appro-
priate housing in the most integrated setting. This bill would help to
bring the state in line with the already-existing obligations under the
federal Americans with disabilities Act, the Supreme Court's decision in
Olmstead v. L.C., and New York State Executive Law sections 701-703.
Several changes were made to this bill in 2008 to address past veto
messages including clarifying that individuals have a documented mental
illness and meet eligibility criteria for OMH funded housing before
being included on a wait list. The effective date has also been changed.

 
LEGISLATIVE HISTORY:

2019-20:S4749 -REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIE

2017-18:S3400 -REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

2015-16:S.1399A- Amend and Recommit to Mental Health and Dev.  Disabili-
ties

2013-14:S.3248A- Amend and Recommit to Mental Health and
Dev.Disabilities

2011-12:5.3427-Referred to Mental Health and Dev. Disabilities

2009-10:S.184A/A.4579A - Passed Assembly,Died in Senate Rules

2008: S.6819/A.10079 - Veto 46

2007: S.568/A.3864A - Veto 103

2005-06: S.3653A/A.2895A - Veto 323

2004: S.6646/A.8622A - Passed Assembly, Died in Mental Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after enactment.

S5035 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5035
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to the establishment
   of community housing waiting lists for adults  within  the  office  of
   mental health service system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.15 of the mental hygiene law is amended by adding
 three new subdivisions (c), (d) and (e) to read as follows:
   (C) THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAITING  LIST
 FOR  ADULTS  SEEKING  HOUSING  SERVICES  IN  THE OFFICE OF MENTAL HEALTH
 SERVICE SYSTEM. FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "COMMUNITY
 HOUSING  WAITING  LIST"  SHALL  MEAN  AN  UNDUPLICATED LIST OR ROSTER OF
 ADULTS WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY  CRITE-
 RIA  FOR  THE  ARRAY  OF  OFFICE OF MENTAL HEALTH FUNDED AND/OR LICENSED
 HOUSING PROGRAMS WHO HAVE BEEN REFERRED TO OR APPLIED FOR  BUT  NOT  YET
 RECEIVED   SUPPORTED,   SUPPORTIVE,  SUPERVISED  OR  CONGREGATE  HOUSING
 SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM.
   FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM  "PROVIDER  OF  HOUSING
 SERVICES"  SHALL INCLUDE EVERY HOLDER OF AN OPERATING CERTIFICATE ISSUED
 PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR EVERY HOUSING PROGRAM
 FUNDED, OPERATED OR ADMINISTERED  BY  THE  OFFICE  INCLUDING  ANY  LOCAL
 GOVERNMENT  UNIT  MENTAL  HEALTH HOUSING REFERRAL SYSTEM AND EACH SINGLE
 POINT OF ENTRY OFFICE, OPERATED BY OR UNDER CONTRACT WITH A DIRECTOR  OF
 COMMUNITY SERVICES PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER.
   FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "AGENCY OR INSTITUTION"
 SHALL INCLUDE ADULT HOMES, NURSING HOMES, FOSTER CARE  PROVIDERS,  HOME-
 LESS SHELTERS, STATE PSYCHIATRIC CENTERS, HOSPITALS, CORRECTIONAL FACIL-
 ITIES AND OTHER REFERRING ENTITIES.
   EACH  MONTH,  EACH  PROVIDER  OF HOUSING SERVICES SHALL PROVIDE TO THE
 OFFICE THE NAME OF EACH PERSON WHO  IS  REFERRED  TO,  APPLIES  FOR,  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07875-01-1

 S. 5035                             2
 
 ADMITTED  TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO THE
 PROVIDER'S HOUSING PROGRAM, ALONG WITH SUCH  OTHER  INFORMATION  AS  THE
 COMMISSIONER MAY REQUIRE.
   EACH  MONTH,  EACH  AGENCY OR INSTITUTION MAKING REFERRALS FOR HOUSING
 SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM  MAY  PROVIDE  TO
 THE  OFFICE  THE  NAMES OF PERSONS WHOM IT HAS REFERRED TO A PROVIDER OF
 HOUSING SERVICES, ALONG WITH SUCH OTHER INFORMATION AS THE  COMMISSIONER
 MAY REQUIRE.
   EACH  MONTH,  EACH  COUNTY'S COMMUNITY-BASED AGENCY PERFORMING ASSESS-
 MENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT TOOL,  AS
 REQUIRED  BY  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
 THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME OF EACH
 PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED  AND  MEETS  THE
 ELIGIBILITY  CRITERIA  FOR  THE  ARRAY OF OFFICE OF MENTAL HEALTH FUNDED
 AND/OR LICENSED HOUSING PROGRAMS, AND THE NAMES OF THOSE PERSONS IT  HAS
 REFERRED  TO  PROVIDERS  OF  HOUSING  AND SERVICES ALONG WITH SUCH OTHER
 INFORMATION AS THE COMMISSIONER MAY REQUIRE.
   (D) THE COMMISSIONER SHALL ESTABLISH POLICIES,  PROCEDURES  AND  FORMS
 FOR  THE  COMMUNITY  HOUSING WAITING LIST IN ORDER TO ENSURE THAT APPLI-
 CANTS AND PROSPECTIVE APPLICANTS  FOR  HOUSING  PROGRAMS,  PROVIDERS  OF
 HOUSING  SERVICES,  AND  REFERRING  AGENCIES AND INSTITUTIONS MAY SUBMIT
 WAITING LIST  INFORMATION  AND  COPIES  OF  APPLICATIONS  AND  REFERRALS
 DIRECTLY  TO  THE OFFICE VIA ELECTRONIC MEANS. SUCH POLICIES, PROCEDURES
 AND FORMS SHALL SAFEGUARD THE CONFIDENTIALITY OF INFORMATION  CONCERNING
 PERSONS  SEEKING  HOUSING IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM,
 AND ACCORD EACH PERSON ON THE WAITING LIST THE OPPORTUNITY TO RECEIVE  A
 WRITTEN COPY OF ALL PERSONAL INFORMATION MAINTAINED ON THE WAITING LIST.
 SUCH  POLICIES  AND  PROCEDURES  SHALL PROVIDE FOR THE COMMUNITY HOUSING
 WAITING LIST TO INCLUDE ALL PERSONS ON ANY LOCAL OR STATE  WAITING  LIST
 FOR  HOUSING  IN  THE  OFFICE OF MENTAL HEALTH SERVICE SYSTEM BEFORE THE
 EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE  UPON  WHICH  EACH  SUCH
 PERSON  WAS  FIRST  PLACED  ON  SUCH  WAITING LIST. SUCH LIST SHALL ALSO
 INCLUDE PERSONS WHO ARE PLACED ON ANY SUCH LOCAL OR STATE  WAITING  LIST
 ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (E)  THE  COMMISSIONER SHALL PREPARE A WRITTEN REPORT ON THE COMMUNITY
 HOUSING WAITING LIST OF PERSONS WITH A DOCUMENTED MENTAL ILLNESS SEEKING
 HOUSING IN THE OFFICE OF MENTAL  HEALTH  SERVICE  SYSTEM.  SUCH  HOUSING
 SHALL  INCLUDE  COMMUNITY-BASED  HOUSING  AND RELATED SERVICES FOR WHICH
 PERSONS ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE  OF  THE  EXECUTIVE
 LAW.  SUCH  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF
 ADULTS, BY COUNTY, REFERRED TO THE COMMUNITY HOUSING WAITING  LIST;  THE
 NUMBER  OF ADULTS, BY COUNTY, THAT APPLIED FOR EACH CATEGORY OF RESIDEN-
 TIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY, ADMITTED TO EACH CATEGORY
 OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY,  DENIED  ADMIS-
 SION  TO  EACH CATEGORY OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY
 COUNTY, WHO WITHDREW  APPLICATIONS  FOR  EACH  CATEGORY  OF  RESIDENTIAL
 SERVICE;  AND  THE NUMBER OF ADULTS, BY COUNTY, ON THE STATEWIDE WAITING
 LIST FOR EACH CATEGORY OF RESIDENTIAL SERVICE.  FOR  EACH  CATEGORY  AND
 COUNTY,  THE  NUMBER OF MONTHS ON THE WAITING LIST SHALL BE REPORTED FOR
 EACH PERSON. SUCH REPORT ALSO SHALL INCLUDE THE  TYPES,  CAPACITIES  AND
 VACANCY  RATES OF RESIDENTIAL SERVICES OFFERED IN EACH COUNTY AND DETAIL
 THE EFFORTS OF THE OFFICE TO REDUCE THE LENGTH OF THE WAITING  LIST  FOR
 EACH CATEGORY OF RESIDENTIAL SERVICE, INCLUDING THE METHODS BY WHICH THE
 OFFICE PRIORITIZES THE PROVISION OF SERVICES TO PERSONS ON THE STATEWIDE
 COMMUNITY  HOUSING  WAITING  LIST AND THE EFFORTS OF THE STATE TO INFORM
 THE PUBLIC ABOUT THE COMMUNITY HOUSING WAITING LIST AND THE AVAILABILITY

 S. 5035                             3
 
 OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH  A  DOCUMENTED  MENTAL
 ILLNESS.    SUCH  REPORT  SHALL BE SUBMITTED TO THE GOVERNOR, THE CHAIR-
 PERSON OF  THE  SENATE  MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITIES
 COMMITTEE  AND  THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE,
 AND EACH LOCAL COMMUNITY SERVICES BOARD ON OR BEFORE JANUARY FIRST,  TWO
 THOUSAND TWENTY-FOUR AND MONTHLY THEREAFTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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The New York State Senate

senate Bill S5035

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Mar 2, 2022 - floor Vote

Floor Vote: Mar 2, 2022

Jan 19, 2022 - Mental Health committee Vote

Mental Health Committee Vote: Jan 19, 2022

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

May 26, 2021 - Rules committee Vote

Rules Committee Vote: May 26, 2021

Co-Sponsors

S5035 (ACTIVE) - Details

S5035 (ACTIVE) - Summary

S5035 (ACTIVE) - Sponsor Memo

S5035 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5035

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 2, 2022 - floor Vote

Floor Vote: Mar 2, 2022

Jan 19, 2022 - Mental Health committee Vote

Mental Health Committee Vote: Jan 19, 2022

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

May 26, 2021 - Rules committee Vote

Rules Committee Vote: May 26, 2021

Co-Sponsors

James Gaughran

Rachel May

S5035 (ACTIVE) - Details

S5035 (ACTIVE) - Summary

S5035 (ACTIVE) - Sponsor Memo

S5035 (ACTIVE) - Bill Text download pdf

Comments