S T A T E   O F   N E W   Y O R K
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                                   10000
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced by M. of A. EACHUS -- 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-v to read as follows:
   § 461-V. 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03531-01-3