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.