S T A T E O F N E W Y O R K
________________________________________________________________________
3648
2015-2016 Regular Sessions
I N S E N A T E
February 13, 2015
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, in relation to establishing a
community housing wait list
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 7.15 of the mental hygiene law is amended by adding
2 three new subdivisions (c), (d) and (e) to read as follows:
3 (C) THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAIT LIST FOR
4 INDIVIDUALS SEEKING HOUSING AND RELATED SERVICES WITHIN THE OFFICE OF
5 MENTAL HEALTH SERVICE SYSTEM.
6 (1) FOR PURPOSES OF THIS SECTION THE FOLLOWING DEFINITIONS SHALL
7 APPLY:
8 (I) "COMMUNITY HOUSING WAIT LIST" SHALL MEAN A LIST OF INDIVIDUALS
9 WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY CRITERIA FOR
10 HOUSING PROGRAMS LICENSED, OPERATED OR FUNDED BY THE OFFICE OF MENTAL
11 HEALTH AND HAVE APPLIED FOR OR BEEN REFERRED TO BUT HAVE NOT YET
12 RECEIVED HOUSING SERVICES INCLUDING BUT NOT LIMITED TO SUPPORTED,
13 SUPPORTIVE, SUPERVISED OR CONGREGATE.
14 (II) "HOUSING SERVICES PROVIDER" SHALL MEAN ANY HOLDER OF AN OPERATING
15 CERTIFICATE ISSUED PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR
16 EVERY HOUSING PROGRAM FUNDED, OPERATED, ADMINISTERED OR LICENSED BY THE
17 OFFICE INCLUDING ANY LOCAL GOVERNMENT UNIT MENTAL HEALTH HOUSING REFER-
18 RAL SYSTEM AND EACH SINGLE POINT OF ENTRY OFFICE, OPERATED BY OR UNDER
19 CONTRACT WITH A DIRECTOR OF COMMUNITY SERVICES PURSUANT TO ARTICLE
20 FORTY-ONE OF THIS CHAPTER.
21 (III) "AGENCY OR INSTITUTION" SHALL INCLUDE ADULT HOMES, NURSING
22 HOMES, FOSTER CARE PROVIDERS, HOMELESS SHELTERS, STATE PSYCHIATRIC
23 CENTERS, HOSPITALS, CORRECTIONAL FACILITIES AND OTHER REFERRING ENTI-
24 TIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07311-01-5
S. 3648 2
1 (2) (I) EVERY SIXTY DAYS, EACH HOUSING SERVICE PROVIDER SHALL REPORT
2 TO THE OFFICE THE NAME OF EACH PERSON WHO IS REFERRED TO, APPLIES FOR,
3 IS ADMITTED TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO
4 THE PROVIDER'S HOUSING PROGRAM, ALONG WITH SUCH OTHER INFORMATION AS THE
5 COMMISSIONER MAY REQUIRE.
6 (II) EVERY SIXTY DAYS, EACH AGENCY OR INSTITUTION MAKING REFERRALS FOR
7 HOUSING SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM SHALL
8 PROVIDE TO THE OFFICE THE NAMES OF PERSONS WHOM IT REFERRED TO A HOUSING
9 SERVICES PROVIDER, ALONG WITH SUCH OTHER INFORMATION AS THE COMMISSIONER
10 MAY REQUIRE.
11 (III) EVERY SIXTY DAYS, EACH COUNTY'S COMMUNITY-BASED AGENCY PERFORM-
12 ING ASSESSMENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT
13 TOOL, AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION SEVEN
14 HUNDRED THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME
15 OF EACH PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED AND
16 MEETS THE ELIGIBILITY CRITERIA FOR THE ARRAY OF THE OFFICE'S FUNDED,
17 OPERATED, AND/OR LICENSED HOUSING PROGRAMS AND THE NAMES OF THOSE
18 PERSONS IT HAS REFERRED TO HOUSING AND SERVICE PROVIDERS ALONG WITH SUCH
19 OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
20 (D) THE COMMISSIONER SHALL ESTABLISH POLICIES, PROCEDURES AND FORMS
21 FOR THE COMMUNITY HOUSING WAIT LIST IN ORDER TO ENSURE THAT APPLICANTS
22 AND PROSPECTIVE APPLICANTS FOR HOUSING PROGRAMS, HOUSING SERVICES
23 PROVIDERS, REFERRING AGENCIES AND INSTITUTIONS, AND COMMUNITY BASED
24 AGENCIES ARE ABLE TO SUBMIT WAIT LIST INFORMATION AND COPIES OF APPLI-
25 CANTS AND REFERRALS DIRECTLY TO THE OFFICE VIA ELECTRONIC MEANS. SUCH
26 POLICIES, PROCEDURES AND FORMS SHALL SAFEGUARD THE CONFIDENTIALLY OF
27 INFORMATION CONCERNING PERSONS SEEKING HOUSING, AND ACCORD EACH PERSON
28 ON THE WAIT LIST AN OPPORTUNITY TO RECEIVE A WRITTEN COPY OF ALL
29 PERSONAL INFORMATION MAINTAINED ON THE WAIT LIST. SUCH POLICIES AND
30 PROCEDURES SHALL PROVIDE FOR THE COMMUNITY HOUSING WAIT LIST TO INCLUDE
31 ALL PERSONS ON ANY LOCAL OR STATE WAIT LIST FOR HOUSING BEFORE THE
32 EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE UPON WHICH EACH SUCH
33 PERSON WAS FIRST PLACED ON SUCH WAIT LIST. SUCH LIST SHALL ALSO INCLUDE
34 PERSONS WHO ARE PLACED ON ANY SUCH LOCAL OR STATE WAIT LIST ON OR AFTER
35 THE EFFECTIVE DATE OF THIS SUBDIVISION.
36 (E) THE COMMISSIONER SHALL PREPARE A REPORT ON THE COMMUNITY HOUSING
37 WAIT LIST OF PERSONS SEEKING HOUSING WITHIN THE MENTAL HEALTH SYSTEM.
38 THE REPORT SHALL INCLUDE COMMUNITY BASED HOUSING AND RELATED SERVICES
39 FOR WHICH PERSONS ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE OF THE
40 EXECUTIVE LAW. SUCH REPORT, BROKEN OUT BY COUNTY, SHALL INCLUDE BUT NOT
41 BE LIMITED TO, (1) THE NUMBER OF ADULTS REFERRED TO THE COMMUNITY HOUS-
42 ING WAIT LIST; (2) THE NUMBER OF ADULTS THAT APPLIED FOR EACH CATEGORY
43 OF RESIDENTIAL SERVICE; (3) THE NUMBER OF ADULTS, ADMITTED TO EACH CATE-
44 GORY OF RESIDENTIAL SERVICE; (4) THE NUMBER OF ADULTS DENIED ADMISSION
45 FOR EACH CATEGORY OF RESIDENTIAL SERVICE; (5) THE NUMBER OF ADULTS WHO
46 WITHDREW APPLICATIONS FOR EACH CATEGORY OF RESIDENTIAL SERVICE; AND (6)
47 THE NUMBER OF ADULTS ON THE STATEWIDE WAIT LIST FOR EACH CATEGORY OF
48 RESIDENTIAL SERVICE. SUCH REPORT SHALL INCLUDE FOR EACH CATEGORY AND
49 COUNTY, THE NUMBER OF MONTHS ON THE WAIT LIST FOR EACH PERSON. SUCH
50 REPORT SHALL INCLUDE THE TYPES, CAPACITIES AND VACANCY RATES OF RESIDEN-
51 TIAL SERVICES OFFERED IN EACH COUNTY. THE REPORTS SHALL INCLUDE ANY
52 ACTIONS TAKEN BY THE OFFICE TO REDUCE THE LENGTH OF THE WAIT LIST FOR
53 EACH CATEGORY OF RESIDENTIAL SERVICES, INCLUDING THE METHODS BY WHICH
54 THE OFFICE PRIORITIZES THE PROVISIONS OF SERVICES TO PERSONS ON THE
55 STATEWIDE COMMUNITY HOUSING WAIT LIST AND THE ACTIONS OF THE OFFICE TO
56 INFORM THE PUBLIC ABOUT THE COMMUNITY HOUSING WAIT LIST AND THE AVAIL-
S. 3648 3
1 ABILITY OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH A DOCUMENTED
2 MENTAL ILLNESS. THE OFFICE SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE
3 CHAIRPERSON OF THE SENATE MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
4 COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE ON
5 OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN AND QUARTERLY THEREAFT-
6 ER.
7 S 2. This act shall take effect on the one hundred twentieth day after
8 it shall have become a law; provided, however, that effective immediate-
9 ly, the addition, amendment and/or repeal of any rule or regulation
10 necessary for the implementation of this act on its effective date are
11 authorized and directed to be made and completed on or before such
12 effective date.