NY State Senate Bill 2015-S6840

Senate Bill S6840

2015-2016 Legislative Session

Establishes the housing opportunities for people to empower excellence and equity (HOPE) trust fund

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2016	referred to mental health and developmental disabilities

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2015-S6840 (ACTIVE) - Details

See Assembly Version of this Bill:: A9309
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §41.56, Ment Hyg L; add §99-y, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S872
2019-2020: S290
2021-2022: S3195

2015-S6840 (ACTIVE) - Summary

Establishes the housing opportunities for people to empower excellence and equity (HOPE) trust fund to provide access to rental housing; to facilitate the construction, renovation and rehabilitation of facilities to provide additional residential opportunities; to develop new and innovative approaches to residential living and to promote creation of sustainable living environments for people with developmental disabilities.

2015-S6840 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6840

 TITLE OF BILL :

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

 PURPOSE GENERAL IDEA OF BILL :

To support aging family caregivers who provide for those with
developmental disabilities who can no longer effectively provide care
due to their own age related disabilities

 SUMMARY OF PROVISIONS :

Section 1 establishes legislative findings.

Section 2 amends the mental hygiene law by adding a new section 41.56.

(a) The HOPE trust fund is established for the purpose of providing
access to rental housing for persons with developmental disabilities
as well as facilitating new construction and renovation. The fund
would be administered by the Office of People with Developmental
Disabilities in consultation with the Department of Health. OPWDD and
DOH would provide a mechanism to identify and prioritize need by

region and would work with other agencies and interested persons in
planning for satisfaction of identified needs.

(b) Funding for the trust fund would be used for housing and other
non-Medicaid funded supports to insure identified priorities can be
met, in consultation with the Commissioner of Health. The Commissioner
of OPWDD would allocate the funds by region each year.

(c) An annual plan for the use of the HOPE Trust Fund would be
developed and approved by the HOPE Trust Fund Board, which would be
composed of the Commissioner of OPWDD (chair), and twelve members of
the public appointed by the Governor. There would be two
recommendations from the Speaker of the Assembly, two from the
Temporary President of the Senate, one from the Minority Leader of the
Assembly, and one from the Minority Leader of the Senate. The
Commissioners of Health and Housing and Community Renewal, the
Director of the Division of the Budget and the Chief Executive
Officers of the Dormitory Authority and Mortgage Agency would serve as
ex officio members of the board. Membership of the board would include
self-advocates, parents, guardians, and family members of persons with
developmental disabilities 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 would:

(i) Determine eligibility requirements for individuals with
developmental disabilities.

(ii) Establish audit protocols for non-profit organizations licensed.

(iii) Prepare an annual progress report on the status of persons
waiting for services, the number of those serviced through the fund,
the settings such persons are served in and the extent of federal
financial participation.

(e) In order to receive HOPE Fund monies, an authorized provider of
waiver services must contract with OPWDD and agree to terms and
conditions, which would include:

(i) A description of how operating expenses of the project shall be
met.

(ii) A description of the services and supports which would be
available to persons served.

(iii) A description of how the project will provide services to
eligible individuals.

(iv) Type of facility proposed.

(v) Other terms and conditions that may be required by such office.

(f) The board may authorize expenditures from the fund for expenses
deemed appropriate to develop person centered residential services:

(i) Technical assistance for general project development.

(ii) Necessary legal, architectural, financial, and other consulting
services.

(iii) Cost of renovation, construction, and rehabilitation for
residential projects authorized.

(iv) Funding for rental assistance and housing subsidies.

(g) OPWDD is directed to authorize and fund any necessary home and
community based Medicaid waiver services for individuals placed into
projects completed.

Section 3 amends the state finance law by adding a new section 99-y.

(1) The HOPE Trust Fund is established in joint custody of the State
Comptroller and Commissioner of Taxation and Finance. (2)The fund will
consist of all monies appropriated for its purpose, all monies
required by this section to be paid into or credited to the fund, and
no less than five hundred million dollars collected by the state in
settlements from banking institutions or other financial services
organizations. Grants, gifts, or bequests can be accepted to the fund.
(3)Monies of the fund, when allocated, will be available for
administrative costs of the HOPE Trust Fund Board and for funding the
costs of providing housing and residential supports to persons with
developmental disabilities.

(4) Monies will be payable from the fund on the audit and warrant of
the State Comptroller on vouchers approved and certified by the
Commissioner of OPWDD.

Section 4, immediate effective date.

 JUSTIFICATION :

Adults with intellectual or developmental disabilities have lived at
home with family their entire lives, which has resulted in substantial
savings for New York State. As these family caregivers age, however,
they no longer can provide care due to their own age related
disabilities. It is incumbent upon the state of New York that a source
of funding is provided in order to allow these families access to
appropriate residential opportunities.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
Immediately.

2015-S6840 (ACTIVE) - Bill Text download pdf

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

                                  6840

                            I N  S E N A T E

                            February 26, 2016
                               ___________

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 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

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

                                                           LBD14021-01-6

S. 6840                             2

DISABILITIES AND TO PROMOTE CREATION OF SUSTAINABLE LIVING  ENVIRONMENTS
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.

S. 6840                             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

S. 6840                             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.

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Senate Bill S6840

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Sponsored By

Robert G. Ortt