S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8022
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in  relation  to  persons  with
   serious mental illness residing in adult homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 461-u to read as follows:
   §  461-U.  PERSONS  WITH  SERIOUS  MENTAL ILLNESS RESIDING IN AN ADULT
 HOME. 1.   NOTWITHSTANDING ANY PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  THE  COMMISSIONER  SHALL NOT LIMIT THE CENSUS OF PERSONS WITH
 SERIOUS MENTAL ILLNESS RESIDING IN AN ADULT HOME AS DEFINED  IN  SECTION
 TWO  OF  THIS  CHAPTER, PROVIDED THAT THE ADULT HOME MEETS THE FOLLOWING
 REQUIREMENTS:
   (A) IT IS ORGANIZED AS A NOT-FOR-PROFIT CORPORATION;
   (B) IT IS OPERATED BY AN ORGANIZATION THAT ALSO OPERATES  A  CONTINUUM
 OF  HOUSING  AND  RESIDENTIAL SERVICES, INCLUDING SUPPORTIVE HOUSING AND
 INDEPENDENT HOUSING;
   (C) IT ASSESSES EACH ADULT HOME RESIDENT ON A PERIODIC BASIS TO ENSURE
 THAT THE RESIDENT IS LIVING IN THE MOST INTEGRATED  SETTING  APPROPRIATE
 TO THE RESIDENT'S NEEDS; AND
   (D)  IT  ACTIVELY ADDRESSES THE NEEDS OF THE ADULT HOME RESIDENTS WITH
 SERIOUS MENTAL ILLNESS BY:
   I. FOSTERING THE DEVELOPMENT OF INDEPENDENT LIVING SKILLS;
   II. ENSURING ACCESS TO AND QUALITY OF MENTAL HEALTH SERVICES;
   III. ENCOURAGING COMMUNITY INVOLVEMENT AND INTEGRATION; AND
   IV. FOSTERING A HOMELIKE ATMOSPHERE.
   2. FOR PURPOSES OF THIS SECTION "PERSONS WITH SERIOUS MENTAL  ILLNESS"
 MEANS  INDIVIDUALS  WHO MEET CRITERIA ESTABLISHED BY THE COMMISSIONER OF
 MENTAL HEALTH, WHICH SHALL BE PERSONS WHO HAVE A DESIGNATED DIAGNOSIS OF
 MENTAL ILLNESS UNDER THE DIAGNOSTIC AND  STATISTICAL  MANUAL  OF  MENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13074-01-9

 A. 8022                             2
 
 DISORDERS  (DSM-IV-TR, AMERICAN PSYCHIATRIC ASSOCIATION, JULY 2000), AND
 WHOSE SEVERITY AND DURATION OF MENTAL  ILLNESS  RESULTS  IN  SUBSTANTIAL
 FUNCTIONAL DISABILITY.
   § 2. This act shall take effect immediately.