S T A T E O F N E W Y O R K
________________________________________________________________________
9041
I N S E N A T E
May 5, 2022
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee 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
S. 9041 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.
