S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1399
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- 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 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:
    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 WAITING  LIST
    4  FOR  ADULTS  SEEKING  HOUSING  SERVICES  IN  THE OFFICE OF MENTAL HEALTH
    5  SERVICE SYSTEM. FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "COMMUNITY
    6  HOUSING  WAITING  LIST"  SHALL  MEAN  AN  UNDUPLICATED LIST OR ROSTER OF
    7  ADULTS WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY  CRITE-
    8  RIA  FOR  THE  ARRAY  OF  OFFICE OF MENTAL HEALTH FUNDED AND/OR LICENSED
    9  HOUSING PROGRAMS WHO HAVE BEEN REFERRED TO OR APPLIED FOR  BUT  NOT  YET
   10  RECEIVED   SUPPORTED,   SUPPORTIVE,  SUPERVISED  OR  CONGREGATE  HOUSING
   11  SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM.
   12    FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM  "PROVIDER  OF  HOUSING
   13  SERVICES"  SHALL INCLUDE EVERY HOLDER OF AN OPERATING CERTIFICATE ISSUED
   14  PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR EVERY HOUSING PROGRAM
   15  FUNDED, OPERATED OR ADMINISTERED  BY  THE  OFFICE  INCLUDING  ANY  LOCAL
   16  GOVERNMENT  UNIT  MENTAL  HEALTH HOUSING REFERRAL SYSTEM AND EACH SINGLE
   17  POINT OF ENTRY OFFICE, OPERATED BY OR UNDER CONTRACT WITH A DIRECTOR  OF
   18  COMMUNITY SERVICES PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER.
   19    FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "AGENCY OR INSTITUTION"
   20  SHALL INCLUDE ADULT HOMES, NURSING HOMES, FOSTER CARE  PROVIDERS,  HOME-
   21  LESS SHELTERS, STATE PSYCHIATRIC CENTERS, HOSPITALS, CORRECTIONAL FACIL-
   22  ITIES AND OTHER REFERRING ENTITIES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06964-01-5
       S. 1399                             2
    1    EACH  MONTH,  EACH  PROVIDER  OF HOUSING SERVICES SHALL PROVIDE TO THE
    2  OFFICE THE NAME OF EACH PERSON WHO  IS  REFERRED  TO,  APPLIES  FOR,  IS
    3  ADMITTED  TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO THE
    4  PROVIDER'S HOUSING PROGRAM, ALONG WITH SUCH  OTHER  INFORMATION  AS  THE
    5  COMMISSIONER MAY REQUIRE.
    6    EACH  MONTH,  EACH  AGENCY OR INSTITUTION MAKING REFERRALS FOR HOUSING
    7  SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM  MAY  PROVIDE  TO
    8  THE  OFFICE  THE  NAMES OF PERSONS WHOM IT HAS REFERRED TO A PROVIDER OF
    9  HOUSING SERVICES, ALONG WITH SUCH OTHER INFORMATION AS THE  COMMISSIONER
   10  MAY REQUIRE.
   11    EACH  MONTH,  EACH  COUNTY'S COMMUNITY-BASED AGENCY PERFORMING ASSESS-
   12  MENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT TOOL,  AS
   13  REQUIRED  BY  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
   14  THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME OF EACH
   15  PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED  AND  MEETS  THE
   16  ELIGIBILITY  CRITERIA  FOR  THE  ARRAY OF OFFICE OF MENTAL HEALTH FUNDED
   17  AND/OR LICENSED HOUSING PROGRAMS, AND THE NAMES OF THOSE PERSONS IT  HAS
   18  REFERRED  TO  PROVIDERS  OF  HOUSING  AND SERVICES ALONG WITH SUCH OTHER
   19  INFORMATION AS THE COMMISSIONER MAY REQUIRE.
   20    (D) THE COMMISSIONER SHALL ESTABLISH POLICIES,  PROCEDURES  AND  FORMS
   21  FOR  THE  COMMUNITY  HOUSING WAITING LIST IN ORDER TO ENSURE THAT APPLI-
   22  CANTS AND PROSPECTIVE APPLICANTS  FOR  HOUSING  PROGRAMS,  PROVIDERS  OF
   23  HOUSING  SERVICES,  AND  REFERRING  AGENCIES AND INSTITUTIONS MAY SUBMIT
   24  WAITING LIST  INFORMATION  AND  COPIES  OF  APPLICATIONS  AND  REFERRALS
   25  DIRECTLY  TO  THE OFFICE VIA ELECTRONIC MEANS. SUCH POLICIES, PROCEDURES
   26  AND FORMS SHALL SAFEGUARD THE CONFIDENTIALITY OF INFORMATION  CONCERNING
   27  PERSONS  SEEKING  HOUSING IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM,
   28  AND ACCORD EACH PERSON ON THE WAITING LIST THE OPPORTUNITY TO RECEIVE  A
   29  WRITTEN COPY OF ALL PERSONAL INFORMATION MAINTAINED ON THE WAITING LIST.
   30  SUCH  POLICIES  AND  PROCEDURES  SHALL PROVIDE FOR THE COMMUNITY HOUSING
   31  WAITING LIST TO INCLUDE ALL PERSONS ON ANY LOCAL OR STATE  WAITING  LIST
   32  FOR  HOUSING  IN  THE  OFFICE OF MENTAL HEALTH SERVICE SYSTEM BEFORE THE
   33  EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE  UPON  WHICH  EACH  SUCH
   34  PERSON  WAS  FIRST  PLACED  ON  SUCH  WAITING LIST. SUCH LIST SHALL ALSO
   35  INCLUDE PERSONS WHO ARE PLACED ON ANY SUCH LOCAL OR STATE  WAITING  LIST
   36  ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   37    (E)  THE  COMMISSIONER SHALL PREPARE A WRITTEN REPORT ON THE COMMUNITY
   38  HOUSING WAITING LIST OF PERSONS WITH A DOCUMENTED MENTAL ILLNESS SEEKING
   39  HOUSING IN THE OFFICE OF MENTAL  HEALTH  SERVICE  SYSTEM.  SUCH  HOUSING
   40  SHALL  INCLUDE  COMMUNITY-BASED  HOUSING  AND RELATED SERVICES FOR WHICH
   41  PERSONS ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE  OF  THE  EXECUTIVE
   42  LAW.  SUCH  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF
   43  ADULTS, BY COUNTY, REFERRED TO THE COMMUNITY HOUSING WAITING  LIST;  THE
   44  NUMBER  OF ADULTS, BY COUNTY, THAT APPLIED FOR EACH CATEGORY OF RESIDEN-
   45  TIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY, ADMITTED TO EACH CATEGORY
   46  OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY,  DENIED  ADMIS-
   47  SION  TO  EACH CATEGORY OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY
   48  COUNTY, WHO WITHDREW  APPLICATIONS  FOR  EACH  CATEGORY  OF  RESIDENTIAL
   49  SERVICE;  AND  THE NUMBER OF ADULTS, BY COUNTY, ON THE STATEWIDE WAITING
   50  LIST FOR EACH CATEGORY OF RESIDENTIAL SERVICE.  FOR  EACH  CATEGORY  AND
   51  COUNTY,  THE  NUMBER OF MONTHS ON THE WAITING LIST SHALL BE REPORTED FOR
   52  EACH PERSON. SUCH REPORT ALSO SHALL INCLUDE THE  TYPES,  CAPACITIES  AND
   53  VACANCY  RATES OF RESIDENTIAL SERVICES OFFERED IN EACH COUNTY AND DETAIL
   54  THE EFFORTS OF THE OFFICE TO REDUCE THE LENGTH OF THE WAITING  LIST  FOR
   55  EACH CATEGORY OF RESIDENTIAL SERVICE, INCLUDING THE METHODS BY WHICH THE
   56  OFFICE PRIORITIZES THE PROVISION OF SERVICES TO PERSONS ON THE STATEWIDE
       S. 1399                             3
    1  COMMUNITY  HOUSING  WAITING  LIST AND THE EFFORTS OF THE STATE TO INFORM
    2  THE PUBLIC ABOUT THE COMMUNITY HOUSING WAITING LIST AND THE AVAILABILITY
    3  OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH  A  DOCUMENTED  MENTAL
    4  ILLNESS.    SUCH  REPORT  SHALL BE SUBMITTED TO THE GOVERNOR, THE CHAIR-
    5  PERSON OF  THE  SENATE  MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITIES
    6  COMMITTEE  AND  THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE,
    7  AND EACH LOCAL COMMUNITY SERVICES BOARD ON OR BEFORE JANUARY FIRST,  TWO
    8  THOUSAND EIGHTEEN AND MONTHLY THEREAFTER.
    9    S 2. This act shall take effect on the one hundred eightieth day after
   10  it shall have become a law; provided, however, that effective immediate-
   11  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   12  necessary for the implementation of this act on its effective  date  are
   13  authorized  and  directed  to  be  made  and completed on or before such
   14  effective date.