S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1073--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services --  recom-
   mitted  to  the Committee on Social Services in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee and committed
   to the Committee on Finance --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  social  services  law, in relation to assisting
   persons with medically diagnosed HIV infection; and repealing  certain
   provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section 131-a of the social services law,
 as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
 amended to read as follows:
   14. In determining the [need for] AMOUNT OF aid provided  pursuant  to
 public  assistance programs, each person living with medically diagnosed
 HIV infection [as defined by the AIDS institute  of  the  department  of
 health in social services districts with a population over five million]
 who APPLIES FOR OR is receiving [services through such district's admin-
 istrative  unit  providing HIV/AIDS services,] public assistance and HAS
 earned and/or unearned income, UP TO TWO HUNDRED PERCENT OF THE  FEDERAL
 POVERTY  GUIDELINES,  shall  not  be  required  to  pay more than thirty
 percent of his or her monthly earned and/or unearned income  toward  the
 cost  of  rent  that  such  person  has a direct obligation to pay; this
 provision shall not apply to THE AMOUNT OF PAYMENT OBLIGATIONS FOR  room
 and  board  arrangements  ATTRIBUTABLE  TO  THE  PROVISION  OF GOODS AND
 SERVICES OTHER THAN LIVING SPACE.
   § 2. Subdivision 15 of section 131-a of the  social  services  law  is
 REPEALED and a new subdivision 15 is added to read as follows:
   15. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, IN DETERMINING THE AMOUNT OF AID PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01530-02-2
              

 S. 1073--A                          2
 
 PURSUANT  TO PUBLIC ASSISTANCE PROGRAMS, SOCIAL SERVICE DISTRICTS SHALL,
 UPON APPLICATION, PROVIDE ACCESS TO EMERGENCY  SHELTER,  TRANSPORTATION,
 OR  NUTRITION  PAYMENTS  WHICH  THE DISTRICT DETERMINES ARE NECESSARY TO
 ESTABLISH  OR  MAINTAIN  INDEPENDENT  LIVING  ARRANGEMENTS AMONG PERSONS
 LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION WHO ARE HOMELESS OR FACING
 HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUS-
 ING IS AVAILABLE, INCLUDING HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS  IN
 EXCESS  OF  THOSE  PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE BUT NOT EXCEEDING AN AMOUNT  REASONABLY  APPROXIMATE  TO  ONE
 HUNDRED  TEN  PERCENT  OF  FAIR MARKET RENT AS DETERMINED BY THE FEDERAL
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   § 3. Section 131 of the social services law is amended by  adding  two
 new subdivisions 21 and 22 to read as follows:
   21.  WHEN  NECESSARY, EACH LOCAL SOCIAL SERVICES DISTRICT SHALL ASSIST
 PERSONS WITH MEDICALLY DIAGNOSED HIV INFECTION BY (I) HELPING TO  SECURE
 THE REQUIRED DOCUMENTATION TO DETERMINE ELIGIBILITY FOR ASSISTANCE, (II)
 ARRANGING  FOR  REQUIRED  FACE-TO-FACE INTERVIEWS TO BE CONDUCTED DURING
 HOME VISITS OR AT OTHER APPROPRIATE SITES, AND (III) PROVIDING REFERRALS
 FOR SERVICES AS WELL AS OTHER RESOURCES AND MATERIALS  AS  DESCRIBED  IN
 SUBDIVISION TWENTY-TWO OF THIS SECTION.
   22.  THE  OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL
 CREATE, MAINTAIN, AND PERIODICALLY UPDATE INFORMATION  ON  THE  OFFICE'S
 WEBSITE REGARDING RESOURCES AND SERVICES THROUGHOUT THE STATE, INCLUDING
 THE  LOCATION  OF  SUCH SERVICES, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO, COMMUNITY BASED  SUPPORTS,  EMPLOYMENT  OPPORTUNITIES,  AND  MEDICAL
 PROFESSIONALS SPECIALIZED IN ASSISTING SUCH PERSONS WITH MEDICALLY DIAG-
 NOSED  HIV  INFECTION  TO  BE  UTILIZED  BY  THE  LOCAL  SOCIAL SERVICES
 DISTRICTS. SUCH INFORMATION SHALL ALSO BE MADE AVAILABLE ON THE OFFICE'S
 WEBSITE.
   § 4. Paragraphs f and g of subdivision 1 of section 153 of the  social
 services  law,  paragraph f as amended by chapter 81 of the laws of 1995
 and paragraph g as amended by chapter 471  of  the  laws  of  1980,  are
 amended and a new paragraph h is added to read as follows:
   f.  the  full  amount  expended  by any district, city, town or Indian
 tribe for the costs, including the costs  of  administration  of  public
 assistance and care to eligible needy Indians and members of their fami-
 lies  residing  on  any  Indian  reservation  in this state, after first
 deducting therefrom  any  federal  funds  properly  received  or  to  be
 received on account thereof[.];
   [(g)]  G.  fifty per centum of the amount expended for substance abuse
 services pursuant to this chapter, after first deducting  therefrom  any
 federal funds properly received or to be received on account thereof. In
 the  event  funds  appropriated  for  such  services are insufficient to
 provide full reimbursement of the total of the amounts  claimed  by  all
 social  services  districts  pursuant to this section then reimbursement
 shall be in such proportion as each claim bears to such total[.]; AND
   H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ONE HUNDRED  PER
 CENTUM  OF  SAFETY  NET  OR  FAMILY  ASSISTANCE  EXPENDITURES, IN SOCIAL
 SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION OR FEWER,  FOR  HIV
 EMERGENCY  SHELTER  ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY
 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT  EXCEEDING  AN
 AMOUNT  REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET
 RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVEL-
 OPMENT, AND FOR TRANSPORTATION OR NUTRITION PAYMENTS, WHICH THE DISTRICT
 DETERMINES ARE NECESSARY TO ESTABLISH  OR  MAINTAIN  INDEPENDENT  LIVING
 ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION
 S. 1073--A                          3
 
 AND  WHO  ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND
 LESS COSTLY ALTERNATIVE TO HOUSING IS AVAILABLE, AFTER  FIRST  DEDUCTING
 THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY  RECEIVED  OR TO BE RECEIVED ON
 ACCOUNT THEREOF.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.