NY State Senate Bill 2021-S3888

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to social services
Feb 01, 2021	referred to social services

co-Sponsors

2021-S3888 (ACTIVE) - Details

See Assembly Version of this Bill:: A3521
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add Art 2-A Title 5 §53, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8573, A10355
2023-2024: S2753, A9623

2021-S3888 (ACTIVE) - Summary

Relates to establishing state disaster emergency requirements for homeless shelters including placement of individuals and families in shelters and reporting of infections related to the emergency.

2021-S3888 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3888

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing
state disaster emergency requirements for homeless shelters

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require homeless shelters to implement certain proce-
dures when a state disaster emergency is declared involving an epidemic
or disease outbreak.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends article 2-A of the Social Services Law by
adding a new Title 5, State Disaster Emergency Requirements for Homeless
Shelters. Procedures are established for all social services districts
operating, reimbursing, or contracting for homeless shelters, and all
other entities operating, reimbursing, or contracting for homeless shel-

ters shall offer individuals and families private rooms and private
bathrooms through direct placement in order to prevent the spread of the
disease for the duration of the state disaster emergency. Such direct
placement facility would be required to adhere to State Department of
Health Guidelines relating to limiting the spread of such disease as
well as provide adequate supervision, security, personnel, maintenance,
and services throughout the duration of its use. Employees and volun-
teers of such facilities would be screened for symptoms of such disease
prior to the start of their shift, if an employee or volunteer displays
symptoms of such disease, they would be immediately sent home.

Upon the declaration of a state disaster emergency, the Office of Tempo-
rary and Disability Assistance would be required to establish an
outreach network to make contact with unsheltered homeless individuals
and families. Upon contact, the office would be required to offer each
household or homeless individual-a-private-room with a private bathroom
through direct placement.

This bill would also require homeless shelters to report of the number
of infected residents and staff members to the Department of Health on a
daily basis throughout the duration of the state disaster emergency.

Section two establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Technical amendments and adds an additional definition for "direct
placement," further ensuring each homeless person or household is placed
in and safely transported to a private room with a private bathroom and
in a hotel, motel, public dormitory, or living facility for the duration
of the state disaster emergency in order to prevent the spread of the
disease or outbreak.

 
JUSTIFICATION:

Allowing homeless people to live in crowded settings during a State of
Emergency is not only unsustainable but also possibly deadly. People
sharing dorm style sleeping arrangements, sharing bathrooms and eating
areas are not suitable when social distancing is required.  Congregate
settings are not only dangerous for residents but for staff as well,
especially if protective equipment isn't readily available. To reduce
crowding in shelters, placements in hotels, motels or empty apartments
should be used when possible. There are thousands of homeless people
over the age of 50 in the shelter system that has health issues similar
to non-home- less people in their 70s and 80s. Homeless people have a
higher rate of chronic medical conditions, such as diabetes, hyperten-
sion and lung disease, which put them at a greater risk for a should be
made available.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.8573/A.10355a - Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

One hundred percent of the costs associated with the implementation of
this title shall be reimbursed by the state, minus any federal funds
that can be applied to such expenditures.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3888 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3888
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. BAILEY, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law,  in  relation  to  establishing
   state disaster emergency requirements for homeless shelters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2-A of the social services law is amended by adding
 a new title 5 to read as follows:
                                  TITLE 5
        STATE DISASTER EMERGENCY REQUIREMENTS FOR HOMELESS SHELTERS
 SECTION 53. STATE DISASTER EMERGENCY REQUIREMENTS FOR HOMELESS SHELTERS.
   § 53. STATE DISASTER EMERGENCY REQUIREMENTS FOR HOMELESS SHELTERS.  1.
 FOR PURPOSES OF THIS TITLE:
   (A)  "STATE DISASTER EMERGENCY" SHALL HAVE THE SAME MEANING AS DEFINED
 IN PARAGRAPH B OF SUBDIVISION TWO OF SECTION  TWENTY  OF  THE  EXECUTIVE
 LAW, PROVIDED, HOWEVER, SUCH DISASTERS SHALL BE LIMITED TO THOSE INVOLV-
 ING AN EPIDEMIC OR DISEASE OUTBREAK;
   (B)  "HOMELESS  SHELTER" SHALL INCLUDE, BUT NOT BE LIMITED TO A FAMILY
 SHELTER, A SHELTER FOR ADULTS, A DOMESTIC VIOLENCE  SHELTER,  A  RUNAWAY
 AND  HOMELESS YOUTH SHELTER, A SAFE HOUSE FOR REFUGEES, ANY HOTEL, MOTEL
 OR APARTMENT THAT IS CURRENTLY HOUSING GROUPS OF INDIVIDUALS WHO ARE NOT
 FAMILY MEMBERS OR THAT HAVE REQUESTED TO BE HOUSED TOGETHER,  ANY  OTHER
 SUPERVISED  PUBLICLY  OR  PRIVATELY OPERATED SHELTER DESIGNED TO PROVIDE
 TEMPORARY LIVING ARRANGEMENTS OR ANY OTHER LOCATION WHERE HOMELESS INDI-
 VIDUALS AND FAMILIES MAY BE RESIDING;
   (C) "HOMELESS" SHALL MEAN THE LACK OF A FIXED, REGULAR,  AND  ADEQUATE
 NIGHTTIME  RESIDENCE;  HAVING  A  PRIMARY  NIGHTTIME RESIDENCE THAT IS A
 PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR
 SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A  CAR,  PARK,  ABAN-
 DONED  BUILDING,  BUS  OR  TRAIN STATION, AIRPORT OR CAMPGROUND OR OTHER
 PLACES NOT MEANT FOR HUMAN HABITATION;
   (D) "DIRECT PLACEMENT" SHALL MEAN THE PROCESS BY WHICH A PRIVATE  ROOM
 WITH A PRIVATE BATHROOM IS ARRANGED FOR AND ASSIGNED TO A HOMELESS INDI-
 VIDUAL OR FAMILY THAT DOES NOT REQUIRE TRAVEL TO ANY INTERMEDIARY FACIL-

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01583-01-1

 S. 3888                             2

 ITY  BETWEEN  THE LOCATION OF A HOMELESS SHELTER OR LOCATION OF OUTREACH
 ENGAGEMENT AND THE FACILITY IN WHICH SUCH PRIVATE ROOM  WITH  A  PRIVATE
 BATHROOM IS LOCATED.
   2. IN THE EVENT THAT A STATE DISASTER EMERGENCY HAS BEEN DECLARED, ALL
 SOCIAL  SERVICES  DISTRICTS  OPERATING,  REIMBURSING, OR CONTRACTING FOR
 HOMELESS SHELTERS, AND ALL OTHER  ENTITIES  OPERATING,  REIMBURSING,  OR
 CONTRACTING  FOR  HOMELESS SHELTERS SHALL OFFER INDIVIDUALS AND FAMILIES
 PRIVATE ROOMS WITH PRIVATE BATHROOMS TO EACH FAMILY IN ORDER TO  PREVENT
 THE  SPREAD  OF  THE  DISEASE  OR OUTBREAK SHALL IMPLEMENT THE FOLLOWING
 PROCEDURES AND PROTOCOLS FOR THE DURATION OF SUCH STATE  DISASTER  EMER-
 GENCY:
   (A)  (I)  IMMEDIATELY  OFFER  TO  EACH  HOMELESS PERSON OR HOUSEHOLD A
 PRIVATE ROOM WITH A PRIVATE BATHROOM THROUGH  DIRECT  PLACEMENT  IN  AND
 SAFE  TRANSPORTATION  TO  A  HOTEL,  MOTEL,  PUBLIC DORMITORY, OR LIVING
 FACILITY FOR THE DURATION OF THE STATE DISASTER EMERGENCY  IN  ORDER  TO
 PREVENT THE SPREAD OF SUCH DISEASE OR OUTBREAK.
   (II)  PRIOR TO THE BEGINNING OF EVERY SHIFT, EVERY EMPLOYEE AND VOLUN-
 TEER SHALL BE SCREENED FOR ANY SIGNS OR SYMPTOMS  OF  THE  DISEASE  THAT
 CAUSED  THE  STATE  DISASTER EMERGENCY TO BE DECLARED. IF AN EMPLOYEE OR
 VOLUNTEER IS SHOWING SIGNS OR SYMPTOMS OF THE DISEASE, THEY SHALL  IMME-
 DIATELY BE SENT HOME.
   (III)  PROVIDE ADEQUATE SUPERVISION, SECURITY, PERSONNEL, MEALS, MAIN-
 TENANCE AND SERVICES IN EACH SUCH FACILITY FOR THE DURATION OF ITS USE.
   (B) COMPLY WITH ALL POLICIES, ORDERS AND GUIDANCE BY THE DEPARTMENT OF
 HEALTH RELATED TO LIMITING THE SPREAD OF THE DISEASE, INCLUDING BUT  NOT
 LIMITED  TO,  THE  PROVISION OF PRIVATE ROOMS AND BATHROOMS, TESTING AND
 SYMPTOM MONITORING, CLEANING, MAINTENANCE AND DISINFECTION,  APPROPRIATE
 REMOTE  CONSULTATION  WITH  A  DESIGNATED HEALTH OFFICIAL, ISOLATION AND
 TRANSPORTATION FOR HOMELESS INDIVIDUALS, EMPLOYEES  AND  VOLUNTEERS  WHO
 MAY  HAVE BEEN EXPOSED, ARE AWAITING TEST RESULTS AND/OR WHO HAVE DEMON-
 STRATED SIGNS OR SYMPTOMS OF THE DISEASE, SOCIAL  DISTANCING  PROTOCOLS,
 AND  THE  SUPPLY, USE, DISPOSAL AND DISINFECTIONS OF PERSONAL PROTECTIVE
 EQUIPMENT.
   3. IN THE EVENT THAT A STATE DISASTER EMERGENCY HAS BEEN DECLARED, THE
 OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE  SHALL  BE  REQUIRED  TO
 ESTABLISH  AN OUTREACH NETWORK TO MAKE CONTACT WITH UNSHELTERED HOMELESS
 INDIVIDUALS AND FAMILIES. UPON CONTACT, THE OFFICE SHALL BE REQUIRED  TO
 OFFER  A  DIRECT  PLACEMENT  AND  SAFE TRANSPORTATION TO A HOTEL, MOTEL,
 PUBLIC DORMITORY ROOM OR LIVING FACILITY FOR THE DURATION OF  THE  STATE
 DISASTER EMERGENCY TO ALL HOMELESS INDIVIDUALS AND FAMILIES.
   4.  IN  THE EVENT OF A STATE DISASTER EMERGENCY, ALL HOMELESS SHELTERS
 SHALL REPORT THE NUMBER OF RESIDENTS OR STAFF WITH  CONFIRMED  INFECTION
 OF  THE  DISEASES  ON  A DAILY BASIS TO THE DEPARTMENT OF HEALTH AND THE
 LOCAL HEALTH DEPARTMENT IN THE COUNTY IN WHICH THE HOMELESS  SHELTER  IS
 LOCATED. THE DEPARTMENT OF HEALTH SHALL AGGREGATE AND PUBLISH DE-IDENTI-
 FIED  DATA,  SUBMITTED BY HOMELESS SHELTERS UNDER THIS TITLE ON A WEEKLY
 BASIS, IN A MANNER THAT IS CONSISTENT WITH THE FEDERAL HEALTH  INSURANCE
 PORTABILITY  AND  ACCOUNTABILITY  ACT,  AS  AMENDED, AND ANY REGULATIONS
 PROMULGATED THEREUNDER.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ONE
 HUNDRED  PERCENT OF THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS
 TITLE SHALL BE REIMBURSED BY THE STATE, MINUS ANY FEDERAL FUNDS THAT CAN
 PROPERLY BE APPLIED TO SUCH EXPENDITURES.
   § 2. This act shall take effect immediately.

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Senate Bill S3888

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

co-Sponsors

2021-S3888 (ACTIVE) - Details

2021-S3888 (ACTIVE) - Summary

2021-S3888 (ACTIVE) - Sponsor Memo

2021-S3888 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3888

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Social Services Committee

co-Sponsors

Brad Hoylman-Sigal

2021-S3888 (ACTIVE) - Details

2021-S3888 (ACTIVE) - Summary

2021-S3888 (ACTIVE) - Sponsor Memo

2021-S3888 (ACTIVE) - Bill Text download pdf

Comments