S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10355
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Social Services
 
 AN  ACT  to  amend  the social services law, in relation to establishing
   state disaster emergency requirements for homeless shelters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 2-A of the social services law is amended by adding
 a new title 5 to read as follows:
                                  TITLE 5
        STATE DISASTER EMERGENCY REQUIREMENTS FOR HOMELESS SHELTERS
 SECTION 53. STATE DISASTER EMERGENCY REQUIREMENTS FOR HOMELESS SHELTERS.
   §  53. STATE DISASTER EMERGENCY REQUIREMENTS FOR HOMELESS SHELTERS. 1.
 FOR PURPOSES OF THIS TITLE:
   (A) "STATE DISASTER EMERGENCY" SHALL HAVE THE SAME MEANING AS  DEFINED
 IN  PARAGRAPH  B  OF  SUBDIVISION TWO OF SECTION TWENTY OF THE EXECUTIVE
 LAW, PROVIDED, HOWEVER, SUCH DISASTERS SHALL BE LIMITED TO THOSE INVOLV-
 ING AN EPIDEMIC OR DISEASE OUTBREAK;
   (B) "HOMELESS SHELTER" SHALL INCLUDE, BUT NOT BE LIMITED TO  A  FAMILY
 SHELTER,  A  SHELTER  FOR ADULTS, A DOMESTIC VIOLENCE SHELTER, A RUNAWAY
 AND HOMELESS YOUTH SHELTER, A SAFE HOUSE FOR REFUGEES, ANY HOTEL,  MOTEL
 OR  APARTMENT  THAT  IS CURRENTLY HOUSING GROUPS OF INDIVIDUALS THAT ARE
 NOT FAMILY MEMBERS OR THAT HAVE REQUESTED TO  BE  HOUSED  TOGETHER,  ANY
 OTHER  SUPERVISED  PUBLICLY  OR  PRIVATELY  OPERATED SHELTER DESIGNED TO
 PROVIDE TEMPORARY LIVING ARRANGEMENTS OR ANY OTHER LOCATION WHERE  HOME-
 LESS INDIVIDUALS AND FAMILIES MAY BE RESIDING;
   (C)  "HOMELESS"  SHALL MEAN THE LACK OF A FIXED, REGULAR, AND ADEQUATE
 NIGHTTIME RESIDENCE; HAVING A PRIMARY  NIGHTTIME  RESIDENCE  THAT  IS  A
 PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR
 SLEEPING  ACCOMMODATION  FOR  HUMAN BEINGS, INCLUDING A CAR, PARK, ABAN-
 DONED BUILDING, BUS OR TRAIN STATION, AIRPORT  OR  CAMPGROUND  OR  OTHER
 PLACES NOT MEANT FOR HUMAN HABITATION.
   2. IN THE EVENT THAT A STATE DISASTER EMERGENCY HAS BEEN DECLARED, ALL
 HOMELESS  SHELTERS  THAT  CANNOT OFFER INDIVIDUALS AND FAMILIES ADEQUATE
 SPACING FOR ALL NECESSARY DAILY ACTIVITIES WHICH IS DEEMED NECESSARY  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16239-01-0

 A. 10355                            2
 
 PREVENT  THE  SPREAD  OF  THE  DISEASE  OR  OUTBREAK SHALL IMPLEMENT THE
 FOLLOWING PROCEDURES AND PROTOCOLS FOR THE DURATION OF SUCH STATE DISAS-
 TER EMERGENCY:
   (A)  (I)  PRIOR  TO  ADMITTING ANY INDIVIDUAL INTO A HOMELESS SHELTER,
 EVERY INDIVIDUAL SHALL BE TESTED, UTILIZING TESTS WHICH DIRECTLY  DETECT
 THE  PRESENCE OF ANTIGENS FOR THE DISEASE THAT CAUSED THE STATE DISASTER
 EMERGENCY TO BE DECLARED. IF AN INDIVIDUAL TESTS  POSITIVE,  THEY  SHALL
 NOT  BE PERMITTED TO ENTER THE HOMELESS SHELTER AND SHALL BE IMMEDIATELY
 REFERRED TO A HEALTH CARE FACILITY FOR FURTHER DIAGNOSIS AND  TREATMENT.
 IN THE EVENT SUCH INDIVIDUAL IS A MEMBER OF A FAMILY, AND NO OTHER INDI-
 VIDUALS  IN  THE  FAMILY  TEST  POSITIVE, THE FAMILY MAY BE PERMITTED TO
 ENTER THE HOMELESS SHELTER.
   (II) PRIOR TO THE BEGINNING OF EVERY SHIFT, EVERY  EMPLOYEE  SHALL  BE
 SCREENED  FOR ANY SIGNS OR SYMPTOMS OF THE DISEASE THAT CAUSED THE STATE
 DISASTER EMERGENCY TO BE DECLARED. IF AN EMPLOYEE IS  SHOWING  SIGNS  OR
 SYMPTOMS OF THE DISEASE, THEY SHALL IMMEDIATELY BE SENT HOME.
   (III)  IF  ANY  INDIVIDUAL,  WHETHER AN EMPLOYEE OR RESIDENT, EXHIBITS
 SIGNS OR SYMPTOMS OF THE DISEASE, SUCH INDIVIDUAL SHALL  IMMEDIATELY  BE
 ISOLATED  IN  ACCORDANCE  WITH GUIDANCE ESTABLISHED BY THE DEPARTMENT OF
 HEALTH AND ENSURE ADDITIONAL DIAGNOSTIC AND TREATMENT PROCEDURES  ESTAB-
 LISHED BY THE DEPARTMENT OF HEALTH ARE FOLLOWED.
   (B)  FOR  ANY HOMELESS SHELTER THAT CANNOT ENSURE ADEQUATE SPACING AND
 STERILIZATION FOR ALL RESIDENTS AND STAFF TO PREVENT THE SPREAD  OF  THE
 DISEASE,  THE LOCAL SOCIAL SERVICES DISTRICT OR OTHER APPROPRIATE ENTITY
 RESPONSIBLE FOR THE INITIAL PLACEMENT  WHERE  THE  HOMELESS  SHELTER  IS
 LOCATED  SHALL  BE  REQUIRED  TO  RELOCATE  ALL INDIVIDUALS AND FAMILIES
 CURRENTLY RESIDING IN SUCH HOMELESS SHELTER OR NEWLY ENTERING THE  HOME-
 LESS  SHELTER TO A HOTEL, MOTEL, OR ANY OTHER UNUSED APARTMENT OR LIVING
 FACILITY THAT IS AVAILABLE TO THE STATE DURING THE STATE DISASTER  EMER-
 GENCY.  PRIORITY SHALL BE GIVEN TO ALL INDIVIDUALS OVER THE AGE OF FIFTY
 OR THAT HAVE UNDERLYING HEALTH CONDITIONS THAT MAY PUT THEM AT A  HIGHER
 RISK  FOR CONTRACTING THE DISEASE. PROVIDED HOWEVER, PRIOR TO SUCH RELO-
 CATION, THE HOMELESS SHELTER SHALL OBTAIN CONSENT FROM THE INDIVIDUAL OR
 ADULT HEAD OF HOUSEHOLD OF THE  FAMILY.  PROVIDED  FURTHER,  INDIVIDUALS
 AND/OR FAMILIES SHALL NOT BE PLACED IN A LOCATION WHERE THEY ARE GROUPED
 WITH  OTHER  INDIVIDUALS  UNLESS  SUCH INDIVIDUALS ARE FAMILY MEMBERS OR
 HAVE REQUESTED SUCH PLACEMENT.
   (C) FOR ANY INDIVIDUAL OR FAMILY  CURRENTLY  RESIDING  IN  A  HOMELESS
 SHELTER, THAT HAS TESTED POSITIVE FOR THE DISEASE OR HAS A FAMILY MEMBER
 WHO HAS TESTED POSITIVE FOR THE DISEASE, SHALL BE OFFERED ADEQUATE SPAC-
 ING TO ALLOW FOR THE ISOLATION OF THE INDIVIDUAL OR FAMILY MEMBER.
   (D)  COMPLY  WITH  ALL  POLICIES AND GUIDANCE SET BY THE DEPARTMENT OF
 HEALTH RELATED TO LIMITING THE SPREAD OF THE DISEASE, INCLUDING BUT  NOT
 LIMITED  TO, APPROPRIATE ISOLATION FOR INDIVIDUALS AWAITING TEST RESULTS
 AND/OR WHO HAVE DEMONSTRATED SIGNS OR SYMPTOMS OF  THE  DISEASE,  SOCIAL
 DISTANCING AND THE USE OF PERSONAL PROTECTIVE EQUIPMENT.
   3. IN THE EVENT THAT A STATE DISASTER EMERGENCY HAS BEEN DECLARED, THE
 OFFICE  OF  TEMPORARY  AND  DISABILITY  ASSISTANCE  SHALL BE REQUIRED TO
 ESTABLISH AN OUTREACH NETWORK TO MAKE CONTACT WITH HOMELESS  INDIVIDUALS
 AND  FAMILIES.  UPON  CONTACT, THE OFFICE SHALL BE REQUIRED TO OFFER, TO
 THE EXTENT SUCH LOCATIONS ARE AVAILABLE, DIRECT PLACEMENT  IN  A  HOTEL,
 MOTEL  OR ANY OTHER UNUSED APARTMENT OR LIVING FACILITY FOR THE DURATION
 OF THE STATE DISASTER EMERGENCY TO ALL HOMELESS  INDIVIDUALS  AND  FAMI-
 LIES. PRIOR TO SUCH PLACEMENT, THE OFFICE SHALL BE RESPONSIBLE FOR TEST-
 ING  ALL  INDIVIDUALS  THEY  MAKE  CONTACT  WITH,  UTILIZING TESTS WHICH
 DIRECTLY DETECT THE PRESENCE OF ANTIGENS FOR THE DISEASE THAT CAUSED THE

 A. 10355                            3
 
 STATE DISASTER EMERGENCY TO BE DECLARED. IF AN  INDIVIDUAL  TESTS  POSI-
 TIVE,  THEY  SHALL IMMEDIATELY BE REFERRED TO A HEALTH CARE FACILITY FOR
 FURTHER DIAGNOSIS AND TREATMENT. IN  THE  EVENT  SUCH  INDIVIDUAL  IS  A
 MEMBER  OF  A  FAMILY, AND NO OTHER INDIVIDUALS IN THE FAMILY TEST POSI-
 TIVE, THE FAMILY MAY BE PLACED  IN  ACCORDANCE  WITH  THIS  SUBDIVISION.
 PROVIDED  HOWEVER,  PRIOR  TO  SUCH  PLACEMENT,  THE OFFICE SHALL OBTAIN
 CONSENT FROM THE INDIVIDUAL OR ADULT HEAD OF HOUSEHOLD  OF  THE  FAMILY.
 PROVIDED  FURTHER,  INDIVIDUALS AND/OR FAMILIES SHALL NOT BE PLACED IN A
 LOCATION WHERE THEY ARE GROUPED WITH OTHER INDIVIDUALS UNLESS SUCH INDI-
 VIDUALS ARE FAMILY MEMBERS OR HAVE REQUESTED SUCH PLACEMENT.
   4. IN THE EVENT OF A STATE DISASTER EMERGENCY, ALL  HOMELESS  SHELTERS
 SHALL  REPORT  THE NUMBER OF RESIDENTS OR STAFF WITH CONFIRMED INFECTION
 OF THE DISEASES ON A DAILY BASIS TO THE DEPARTMENT  OF  HEALTH  AND  THE
 LOCAL  HEALTH  DEPARTMENT IN THE COUNTY IN WHICH THE HOMELESS SHELTER IS
 LOCATED. THE DEPARTMENT OF HEALTH SHALL AGGREGATE AND PUBLISH DE-IDENTI-
 FIED DATA, SUBMITTED BY HOMELESS SHELTERS UNDER THIS TITLE ON  A  WEEKLY
 BASIS,  IN A MANNER THAT IS CONSISTENT WITH THE FEDERAL HEALTH INSURANCE
 PORTABILITY AND ACCOUNTABILITY ACT,  AS  AMENDED,  AND  ANY  REGULATIONS
 PROMULGATED THEREUNDER.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ONE
 HUNDRED PERCENT OF THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF  THIS
 TITLE SHALL BE REIMBURSED BY THE STATE, MINUS ANY FEDERAL FUNDS THAT CAN
 PROPERLY BE APPLIED TO SUCH EXPENDITURES.
   § 2. This act shall take effect immediately.