S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8871
 
                             I N  S E N A T E
 
                              August 3, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to  including  senior
   citizens  as  vulnerable  populations  eligible for supportive housing
   programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 2823 of the public health law, as added by section
 1 of part D of chapter 56 of the laws of 2012, is  amended  to  read  as
 follows:
   § 2823. Supportive housing development program. 1. For the purposes of
 this section "eligible applicant" shall mean (a) a unit of local govern-
 ment, or (b) a not-for-profit corporation that has been in existence for
 a  period of at least one year prior to application and has been engaged
 in supportive housing  programs  for  vulnerable  populations,  SUCH  AS
 SENIOR  CITIZENS.  SENIOR  CITIZENS  SHALL BE DEFINED IN THIS SECTION TO
 MEAN ANY PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
   2. Grants provided pursuant to this section shall be used only to fund
 housing development activities and other general programmatic activities
 to help ensure a stable system  of  supportive  housing  for  vulnerable
 persons, INCLUDING SENIOR CITIZENS, in the community. Reinvestment funds
 for  supportive housing for vulnerable populations, SUCH AS SENIOR CITI-
 ZENS, which are general  fund  savings  directly  related  to  inpatient
 hospital  and  nursing home bed decertification and/or facility closure,
 shall be allocated annually by the commissioner based upon the following
 criteria:
   (a) the efficiency and effectiveness of the use  of  funding  for  the
 development  of  adequate  and  accessible housing to support vulnerable
 persons, SUCH AS SENIOR CITIZENS, in the community and to ensure  access
 to supports necessary to maximize expected outcomes; and
   (b)  other  relevant  factors  relating to the maintenance of existing
 supportive housing and the development of  new  supportive  housing  and
 associated services.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04795-01-9

 S. 8871                             2
 
   3.  The  commissioner  shall establish an application process by which
 eligible applicants may apply for a grant under this section. The appli-
 cation shall include:
   (a)  the  geographic  area  in  which  the  housing/services  shall be
 provided;
   (b) a detailed description of the housing/services to be provided;
   (c) a plan for the efficient and effective  use  of  funding  for  the
 development  of  adequate  and  accessible housing to support vulnerable
 persons, INCLUDING SENIOR CITIZENS, in the community;
   (d) other relevant factors relating to the  need  for  maintenance  of
 existing  supportive housing and the development of new supportive hous-
 ing and associated services; and
   (e) any other information that the  commissioner  deems  relevant  and
 appropriate.
   4.  Grantees  under  this section shall file an annual report with the
 commissioner, in such form and with such information  and  data  as  the
 commissioner  prescribes  detailing  the  expenditure of grant funds. In
 addition,  the  commissioner  is  authorized  and  empowered   to   make
 inspections  and examine records of any entity funded pursuant to subdi-
 vision two of this section. Such examination shall include all  medical,
 service and financial records, receipts, disbursements, contracts, loans
 and other moneys relating to the financial operation of the provider.
   5. The amount of supportive housing development reinvestment funds for
 the  department  shall be subject to annual appropriation. The methodol-
 ogies used to calculate the savings shall be developed  by  the  commis-
 sioner and the director of the budget. In no event shall the full annual
 value  of supportive housing development reinvestment programs attribut-
 able to inpatient hospital and nursing home bed  decertification  and/or
 facility  closure  exceed  the  twelve  month value of the department of
 health general  fund  reductions  resulting  from  such  decertification
 and/or facility closure.
   6.  The  annual  supportive housing development reinvestment appropri-
 ation shall reflect a proportion of the amount of general  fund  savings
 resulting  from subdivision five of this section. Within any fiscal year
 where appropriation increases are recommended for the supportive housing
 development reinvestment program, insofar  as  projected  bed  decertif-
 ication  and/or facility closures do not occur as estimated, and general
 fund savings do not result, then the reinvestment appropriations may  be
 reduced in the next year's annual budget itemization.
   7.  No  provision  in this section shall create or be deemed to create
 any right, interest or entitlement to services or funds that are subject
 to this section, or to any other services or funds, whether to  individ-
 uals, localities, providers or others, individually or collectively.
   8.  The  commissioner shall promulgate regulations, and may promulgate
 emergency regulations, to effectuate the provisions of this section.
   § 2. This act shall take effect immediately.