S T A T E   O F   N E W   Y O R K
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                                   5186
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Mental Health
 
 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:
 
   Section 1. Section 7.15 of the mental hygiene law is amended by adding
 three new subdivisions (c), (d) and (e) to read as follows:
   (C)  THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAITING LIST
 FOR ADULTS SEEKING HOUSING SERVICES  IN  THE  OFFICE  OF  MENTAL  HEALTH
 SERVICE  SYSTEM.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "COMMUNITY
 HOUSING WAITING LIST" SHALL MEAN  AN  UNDUPLICATED  LIST  OR  ROSTER  OF
 ADULTS  WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY CRITE-
 RIA FOR THE ARRAY OF OFFICE OF  MENTAL  HEALTH  FUNDED  AND/OR  LICENSED
 HOUSING  PROGRAMS  WHO  HAVE BEEN REFERRED TO OR APPLIED FOR BUT NOT YET
 RECEIVED  SUPPORTED,  SUPPORTIVE,  SUPERVISED  OR   CONGREGATE   HOUSING
 SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM.
   FOR  THE  PURPOSES  OF  THIS  SECTION,  THE  TERM "PROVIDER OF HOUSING
 SERVICES" SHALL INCLUDE EVERY HOLDER OF AN OPERATING CERTIFICATE  ISSUED
 PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR EVERY HOUSING PROGRAM
 FUNDED,  OPERATED  OR  ADMINISTERED  BY  THE  OFFICE INCLUDING ANY LOCAL
 GOVERNMENT UNIT MENTAL HEALTH HOUSING REFERRAL SYSTEM  AND  EACH  SINGLE
 POINT  OF ENTRY OFFICE, OPERATED BY OR UNDER CONTRACT WITH A DIRECTOR OF
 COMMUNITY SERVICES PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER.
   FOR THE PURPOSES OF THIS SECTION, THE  TERM  "AGENCY  OR  INSTITUTION"
 SHALL  INCLUDE  ADULT HOMES, NURSING HOMES, FOSTER CARE PROVIDERS, HOME-
 LESS SHELTERS, STATE PSYCHIATRIC CENTERS, HOSPITALS, CORRECTIONAL FACIL-
 ITIES AND OTHER REFERRING ENTITIES.
   EACH MONTH, EACH PROVIDER OF HOUSING SERVICES  SHALL  PROVIDE  TO  THE
 OFFICE  THE  NAME  OF  EACH  PERSON  WHO IS REFERRED TO, APPLIES FOR, IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05939-01-9

 A. 5186                             2
 
 ADMITTED TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO  THE
 PROVIDER'S  HOUSING  PROGRAM,  ALONG  WITH SUCH OTHER INFORMATION AS THE
 COMMISSIONER MAY REQUIRE.
   EACH  MONTH,  EACH  AGENCY OR INSTITUTION MAKING REFERRALS FOR HOUSING
 SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM  MAY  PROVIDE  TO
 THE  OFFICE  THE  NAMES OF PERSONS WHOM IT HAS REFERRED TO A PROVIDER OF
 HOUSING SERVICES, ALONG WITH SUCH OTHER INFORMATION AS THE  COMMISSIONER
 MAY REQUIRE.
   EACH  MONTH,  EACH  COUNTY'S COMMUNITY-BASED AGENCY PERFORMING ASSESS-
 MENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT TOOL,  AS
 REQUIRED  BY  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
 THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME OF EACH
 PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED  AND  MEETS  THE
 ELIGIBILITY  CRITERIA  FOR  THE  ARRAY OF OFFICE OF MENTAL HEALTH FUNDED
 AND/OR LICENSED HOUSING PROGRAMS, AND THE NAMES OF THOSE PERSONS IT  HAS
 REFERRED  TO  PROVIDERS  OF  HOUSING  AND SERVICES ALONG WITH SUCH OTHER
 INFORMATION AS THE COMMISSIONER MAY REQUIRE.
   (D) THE COMMISSIONER SHALL ESTABLISH POLICIES,  PROCEDURES  AND  FORMS
 FOR  THE  COMMUNITY  HOUSING WAITING LIST IN ORDER TO ENSURE THAT APPLI-
 CANTS AND PROSPECTIVE APPLICANTS  FOR  HOUSING  PROGRAMS,  PROVIDERS  OF
 HOUSING  SERVICES,  AND  REFERRING  AGENCIES AND INSTITUTIONS MAY SUBMIT
 WAITING LIST  INFORMATION  AND  COPIES  OF  APPLICATIONS  AND  REFERRALS
 DIRECTLY  TO  THE OFFICE VIA ELECTRONIC MEANS. SUCH POLICIES, PROCEDURES
 AND FORMS SHALL SAFEGUARD THE CONFIDENTIALITY OF INFORMATION  CONCERNING
 PERSONS  SEEKING  HOUSING IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM,
 AND ACCORD EACH PERSON ON THE WAITING LIST THE OPPORTUNITY TO RECEIVE  A
 WRITTEN COPY OF ALL PERSONAL INFORMATION MAINTAINED ON THE WAITING LIST.
 SUCH  POLICIES  AND  PROCEDURES  SHALL PROVIDE FOR THE COMMUNITY HOUSING
 WAITING LIST TO INCLUDE ALL PERSONS ON ANY LOCAL OR STATE  WAITING  LIST
 FOR  HOUSING  IN  THE  OFFICE OF MENTAL HEALTH SERVICE SYSTEM BEFORE THE
 EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE  UPON  WHICH  EACH  SUCH
 PERSON  WAS  FIRST  PLACED  ON  SUCH  WAITING LIST. SUCH LIST SHALL ALSO
 INCLUDE PERSONS WHO ARE PLACED ON ANY SUCH LOCAL OR STATE  WAITING  LIST
 ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (E)  THE  COMMISSIONER SHALL PREPARE A WRITTEN REPORT ON THE COMMUNITY
 HOUSING WAITING LIST OF PERSONS WITH A DOCUMENTED MENTAL ILLNESS SEEKING
 HOUSING IN THE OFFICE OF MENTAL  HEALTH  SERVICE  SYSTEM.  SUCH  HOUSING
 SHALL  INCLUDE  COMMUNITY-BASED  HOUSING  AND RELATED SERVICES FOR WHICH
 PERSONS ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE  OF  THE  EXECUTIVE
 LAW.  SUCH  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF
 ADULTS, BY COUNTY, REFERRED TO THE COMMUNITY HOUSING WAITING  LIST;  THE
 NUMBER  OF ADULTS, BY COUNTY, THAT APPLIED FOR EACH CATEGORY OF RESIDEN-
 TIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY, ADMITTED TO EACH CATEGORY
 OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY,  DENIED  ADMIS-
 SION  TO  EACH CATEGORY OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY
 COUNTY, WHO WITHDREW  APPLICATIONS  FOR  EACH  CATEGORY  OF  RESIDENTIAL
 SERVICE;  AND  THE NUMBER OF ADULTS, BY COUNTY, ON THE STATEWIDE WAITING
 LIST FOR EACH CATEGORY OF RESIDENTIAL SERVICE.  FOR  EACH  CATEGORY  AND
 COUNTY,  THE  NUMBER OF MONTHS ON THE WAITING LIST SHALL BE REPORTED FOR
 EACH PERSON. SUCH REPORT ALSO SHALL INCLUDE THE  TYPES,  CAPACITIES  AND
 VACANCY  RATES OF RESIDENTIAL SERVICES OFFERED IN EACH COUNTY AND DETAIL
 THE EFFORTS OF THE OFFICE TO REDUCE THE LENGTH OF THE WAITING  LIST  FOR
 EACH CATEGORY OF RESIDENTIAL SERVICE, INCLUDING THE METHODS BY WHICH THE
 OFFICE PRIORITIZES THE PROVISION OF SERVICES TO PERSONS ON THE STATEWIDE
 COMMUNITY  HOUSING  WAITING  LIST AND THE EFFORTS OF THE STATE TO INFORM
 THE PUBLIC ABOUT THE COMMUNITY HOUSING WAITING LIST AND THE AVAILABILITY

 A. 5186                             3
 
 OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH  A  DOCUMENTED  MENTAL
 ILLNESS.    SUCH  REPORT  SHALL BE SUBMITTED TO THE GOVERNOR, THE CHAIR-
 PERSON OF  THE  SENATE  MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITIES
 COMMITTEE  AND  THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE,
 AND EACH LOCAL COMMUNITY SERVICES BOARD ON OR BEFORE JANUARY FIRST,  TWO
 THOUSAND TWENTY-TWO AND MONTHLY THEREAFTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.