Senate Bill S6782

                                 
BILL NUMBER: S6782

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the social services law, in relation to persons with
serious mental illness residing in adult homes

 
PURPOSE:

This legislation would allow individuals with serious mental illness to
continue to access housing and services from adult homes operated by
not-for-profit organizations that offer an array of services and
supports, notwithstanding a cap on the census of such individuals that
was imposed by the settlement of a lawsuit.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Social Services Law by adding a new Section 461-V.
Section 2 sets forth the effective date.

 
              

JUSTIFICATION:

The settlement of O'Toole v. Cuomo requires the Department of Health to
impose limits on the percentage of people with serious mental illness
that large adult homes may serve. This settlement was in response to
claims that large adult home segregate individuals with mental illness
from the broader community. The settlement is intended to prevent large
adult home operators from admitting and retaining residents with serious
mental illness who do not need the services of an adult home and to
promote integration of these residents into the community by transition-
ing them to supportive housing or independent housing.

However, certain not-for-profit adult homes were established with a
mission to serve individuals with serious mental illness who require
housing and assistance with activities of daily living. These facilities
are uniquely qualified to meet the needs of residents living with a
mental illness and would not benefit from a limit placed on the number
of these residents.

An imposition of census limits would restrict access to a necessary
level of care for a vulnerable population, and it would also threaten
the viability of not-for-profit adult homes serving this population.
These homes have received government funding and philanthropic support
based on their level of commitment to serving a particularly vulnerable
population of individuals with serious mental illness. If the census
limit were to be imposed on these organizations, they would lose their
funding and may be forced to close their doors, reducing access to hous-
ing and services for people with serious mental illness and activities
of daily living deficits and would force most of the residents to seek
admission into a nursing home.

 
LEGISLATIVE HISTORY:

2023-2024: s.1035 - Referred to Health/A.10000 - Referred to Health

2021-2022: S.1975 - Referred to Health


2019-2020: S.6509 - Committee Discharged and Committed to Health/A.8022
- Referred to Health

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.