S T A T E   O F   N E W   Y O R K
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                                  9309

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Mental Health

AN  ACT  to  amend  the mental hygiene law and the state finance law, in
  relation to the housing opportunities for people to empower excellence
  and equity trust fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  Many  adults with intellectual or
developmental disabilities have lived at home with family  their  entire
lives,  which  has  resulted in substantial savings for the state of New
York over many years. In a growing number of cases, however, these indi-
viduals now live with aging family caregivers who can no  longer  effec-
tively  provide care due to their own age related disabilities and these
individuals and their families remain on waiting lists for  years  at  a
time,  awaiting  the  opportunity  to  access an appropriate residential
opportunity. The legislature therefore finds that it is  incumbent  upon
the state of New York to address the needs of these aging caregivers and
their loved ones by identifying a source of funding to assist in meeting
the residential needs of these individuals.
  S  2.  The mental hygiene law is amended by adding a new section 41.56
to read as follows:
S 41.56 THE HOUSING OPPORTUNITIES FOR PEOPLE TO EMPOWER  EXCELLENCE  AND
           EQUITY TRUST FUND.
  (A)  THE  HOUSING  OPPORTUNITIES  FOR PEOPLE TO EMPOWER EXCELLENCE AND
EQUITY, HEREINAFTER REFERRED TO AS  THE  HOPE  TRUST  FUND,  ESTABLISHED
PURSUANT  TO  SECTION  NINETY-NINE-Y  OF THE STATE FINANCE LAW, SHALL BE
ADMINISTERED AND OVERSEEN IN ACCORDANCE WITH THESE PROVISIONS  WITH  THE
PURPOSE  OF PROVIDING ACCESS TO RENTAL HOUSING FOR PERSONS WITH DEVELOP-
MENTAL DISABILITIES; TO  FACILITATE  THE  CONSTRUCTION,  RENOVATION  AND
REHABILITATION  OF FACILITIES TO PROVIDE ADDITIONAL RESIDENTIAL OPPORTU-
NITIES FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; TO  DEVELOP  NEW  AND
INNOVATIVE  APPROACHES TO RESIDENTIAL LIVING WHICH BRING PEOPLE INTO THE
COMMUNITY CONSISTENT WITH THE GOAL OF FULL INTEGRATION OF  PERSONS  WITH
DISABILITIES  AND TO PROMOTE CREATION OF SUSTAINABLE LIVING ENVIRONMENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14021-01-6

A. 9309                             2

THROUGH HOME MODIFICATIONS, PAYMENT ASSISTANCE OPTIONS AND HOME REPAIRS.
THE TRUST FUND WOULD BE ADMINISTERED BY THE OFFICE OF PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, TO
PROVIDE A MECHANISM TO IDENTIFY AND PRIORITIZE NEED, BY REGION, AND WORK
WITH  OTHER STATE AGENCIES, LOCAL GOVERNMENT UNITS, AND OTHER INTERESTED
PERSONS, INCLUDING PEOPLE WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILI-
TIES,  PARENTS  OR GUARDIANS OR SUCH PERSONS, ADVOCATES FOR SUCH PERSONS
AND SERVICE PROVIDERS IN PRIORITIZING AND PLANNING FOR THE  SATISFACTION
OF THE IDENTIFIED NEEDS.
  (B)  THE  FUNDING  FROM  THE  TRUST FUND WOULD BE USED FOR HOUSING AND
OTHER NON-MEDICAID FUNDED SUPPORTS TO INSURE THAT THE IDENTIFIED PRIORI-
TY NEEDS CAN BE MET, IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH,
THE  COMMISSIONER  OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES SHALL ALLOCATE THE FUNDS, BY REGION, IN ORDER TO IMPLEMENT THE HOPE
TRUST FUND PLAN EACH YEAR. FUNDS WOULD BE TRANSFERRED FROM THE  FUND  TO
SUPPORT  THE  ABOVE  PURPOSES, AS MAY BE DIRECTED BY THE COMMISSIONER OF
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
  (C) AN ANNUAL PLAN FOR THE USE OF THE HOPE TRUST FUND WOULD BE  DEVEL-
OPED  AND  APPROVED BY THE HOPE TRUST FUND BOARD COMPOSED OF THE COMMIS-
SIONER OF THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  WHO
WILL  SERVE  AS CHAIR, AND TWELVE MEMBERS OF THE PUBLIC APPOINTED BY THE
GOVERNOR, OF WHOM TWO SHALL BE UPON THE RECOMMENDATION OF THE SPEAKER OF
THE ASSEMBLY, TWO SHALL BE UPON  THE  RECOMMENDATION  OF  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE,  ONE SHALL BE UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE STATE ASSEMBLY AND ONE SHALL BE UPON  THE  RECOM-
MENDATION  OF THE MINORITY LEADER OF THE STATE SENATE. THE COMMISSIONERS
OF HEALTH AND OF HOUSING AND COMMUNITY  RENEWAL,  THE  DIRECTOR  OF  THE
DIVISION OF THE BUDGET AND THE CHIEF EXECUTIVE OFFICERS OF THE DORMITORY
AUTHORITY  OF  THE  STATE  OF  THE NEW YORK AND OF THE STATE OF NEW YORK
MORTGAGE AGENCY SHALL SERVE AS EX OFFICIO MEMBERS OF THE BOARD.  MEMBER-
SHIP  OF  THE BOARD SHALL INCLUDE SELF-ADVOCATES, PARENTS, GUARDIANS AND
FAMILY MEMBERS OF PERSONS WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND
OTHERS WITH EXPERTISE IN THE PROVISION OF RESIDENTIAL SERVICES.
  (D) IN DEVELOPING A PLAN FOR THE DISBURSEMENT OF FUNDS FROM  THE  HOPE
TRUST FUND, THE BOARD SHALL:
  (I)  DETERMINE  ELIGIBILITY  REQUIREMENTS  FOR  THOSE INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES WHO ARE PROVIDED SERVICES  THROUGH  THE  FUND
AND  WHO  ARE DEFINED PURSUANT TO SUBDIVISION TWENTY-TWO OF SECTION 1.03
OF THIS CHAPTER. IN ESTABLISHING ELIGIBILITY, THE BOARD  SHALL  CONSIDER
THE  LENGTH  OF  TIME  THE  INDIVIDUAL  HAS BEEN WAITING FOR RESIDENTIAL
SERVICES, THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE  CARE,
AND  THE EXTENT OF AN INDIVIDUAL'S NEEDS. INDIVIDUALS WHO, IN ACCORDANCE
WITH THE RESIDENTIAL OPPORTUNITIES PROTOCOL ESTABLISHED  BY  THE  OFFICE
FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES, HAVE BEEN DETERMINED TO BE
EITHER PRIORITY ONE (REQUIRING EMERGENCY PLACEMENT  DUE  TO  ABUSIVE  OR
NEGLECTFUL  SITUATION,  FACING  IMMINENT  DANGER TO SELF OR OTHERS OR AT
RISK OF HOMELESSNESS, AMONG OTHER FACTORS) OR  PRIORITY  TWO  (REQUIRING
URGENT  OR EMERGENCY PREVENTION PLACEMENT, AS A RESULT OF AGING OR FAIL-
ING HEALTH OF CAREGIVERS, RISK OF NEGLECT OR ABUSE, OR THE  INDIVIDUAL'S
MEDICAL  OR  PHYSICAL  CONDITION, AMONG OTHER FACTORS) SHALL BE ELIGIBLE
FOR THE SUPPORT OF THE TRUST FUND.
  (II) ESTABLISH AUDIT PROTOCOLS FOR NON-PROFIT  ORGANIZATIONS  LICENSED
PURSUANT  TO  THIS CHAPTER TO ASSURE THAT ANY MONIES SPENT FROM THE HOPE
TRUST FUND ARE APPROPRIATELY EXPENDED CONSISTENT WITH THE PROVISIONS  OF
THIS SECTION.

A. 9309                             3

  (III) PREPARE AN ANNUAL PROGRESS REPORT ON THE STATUS OF PERSONS WAIT-
ING  FOR  SERVICES,  THE  NUMBER  OF INDIVIDUALS SERVED THROUGH THE HOPE
TRUST FUND, THE SETTINGS SUCH PERSONS ARE SERVED IN AND  THE  EXTENT  OF
FEDERAL FINANCIAL PARTICIPATION IN THE FUND.
  (E)  IN  ORDER  TO  RECEIVE MONIES PROVIDED BY THE FUND, AN AUTHORIZED
PROVIDER OF WAIVER SERVICES TO PERSONS WITH  DEVELOPMENTAL  DISABILITIES
MUST ENTER INTO A CONTRACT WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES.  APPROVAL  OF SUCH CONTRACT SHALL REQUIRE SUCH PROVIDER TO
AGREE TO TERMS AND CONDITIONS INCLUDING:
  (I) A DESCRIPTION OF THE MANNER IN WHICH  OPERATING  EXPENSES  OF  THE
PROJECT  SHALL BE MET, INCLUDING THE USAGE OF AVAILABLE FEDERAL FUNDING,
AS APPROPRIATE, INCLUDING, BUT NOT  LIMITED,  TO  SUPPLEMENTAL  SECURITY
INCOME AND SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM BENEFITS;
  (II)  A  DESCRIPTION  OF  THE  SERVICES  AND  SUPPORTS  WHICH SHALL BE
PROVIDED TO ELIGIBLE PERSONS WITH DEVELOPMENTAL DISABILITIES  SERVED  BY
THE FUND;
  (III)  A  DESCRIPTION  OF THE MANNER IN WHICH THE PROJECT WILL PROVIDE
PERSON CENTERED SERVICES TO THE ELIGIBLE INDIVIDUAL;
  (IV) THE TYPE OF FACILITY PROPOSED; AND
  (V) SUCH OTHER TERMS AND CONDITIONS AS MAY BE REQUIRED BY SUCH OFFICE.
  (F) THE BOARD MAY AUTHORIZE EXPENDITURES FROM THE HOPE TRUST FUND  FOR
EXPENSES  THAT  IT DEEMS APPROPRIATE TO DEVELOP PERSON CENTERED RESIDEN-
TIAL SERVICES FOR ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL  DISABILITIES.
SUCH EXPENSES MAY INCLUDE:
  (I)  TECHNICAL  ASSISTANCE  FOR GENERAL PROJECT DEVELOPMENT AND OPERA-
TION;
  (II) NECESSARY LEGAL, ARCHITECTURAL, FINANCIAL  AND  OTHER  CONSULTING
SERVICES;
  (III)  THE  COST  OF  RENOVATION,  CONSTRUCTION AND REHABILITATION FOR
RESIDENTIAL PROJECTS AUTHORIZED PURSUANT TO THIS SECTION; AND
  (IV) FUNDING FOR RENTAL ASSISTANCE AND HOUSING  SUBSIDIES  ALONG  WITH
RENTAL SECURITY ASSISTANCE.
  (G)  THE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES IS HEREBY
DIRECTED TO AUTHORIZE AND FUND ANY NECESSARY HOME  AND  COMMUNITY  BASED
MEDICAID  WAIVER SERVICES FOR INDIVIDUALS PLACED INTO PROJECTS COMPLETED
PURSUANT TO THIS SECTION.
  S 3. The state finance law is amended by adding a new section 99-y  to
read as follows:
  S  99-Y.  HOUSING  OPPORTUNITIES  FOR PEOPLE TO EMPOWER EXCELLENCE AND
EQUITY TRUST FUND. 1. THERE IS HEREBY ESTABLISHED IN THE  JOINT  CUSTODY
OF  THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A
FUND TO BE KNOWN AS THE "HOPE TRUST FUND".
  2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS  PURPOSE,
ALL  MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE
PAID INTO OR CREDITED TO SUCH  FUND,  AND  NO  LESS  THAN  FIVE  HUNDRED
MILLION  DOLLARS  COLLECTED  BY  THE  STATE  IN SETTLEMENTS FROM BANKING
INSTITUTIONS  OR  OTHER  FINANCIAL   SERVICES   ORGANIZATIONS.   NOTHING
CONTAINED  HEREIN  SHALL  PREVENT THE DEPARTMENT OF HEALTH OR THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES FROM RECEIVING GRANTS,  GIFTS
OR  BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
IN SECTION 41.56 OF THE MENTAL HYGIENE LAW AND DEPOSITING THEM INTO  THE
FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE FOR ADMINIS-
TRATIVE  COSTS  OF  THE  HOPE  TRUST  FUND BOARD ESTABLISHED PURSUANT TO
SECTION 41.56 OF THE MENTAL HYGIENE LAW AND FOR  FUNDING  THE  COSTS  OF
PROVIDING HOUSING AND RESIDENTIAL SUPPORTS TO PERSONS WITH DEVELOPMENTAL

A. 9309                             4

DISABILITIES  IN  ACCORDANCE  WITH  SUCH  SECTION THAT ARE NOT OTHERWISE
REIMBURSED BY THE MEDICAL ASSISTANCE OR OTHER PROGRAMS, AS  ADMINISTERED
AND AUTHORIZED BY SUCH BOARD.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
  S 4. This act shall take effect immediately.