S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3738
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04828-01-1
              

 S. 3738                             2
 
   (b)  other  relevant  factors  relating to the maintenance of existing
 supportive housing and the development of  new  supportive  housing  and
 associated services.
   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.