S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2418
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON, MEEKS, L. ROSENTHAL, CLARK -- read once
   and referred to the Committee on Social Services
 
 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 REPEALED and a new subdivision 15 is added to read as follows: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
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02116-01-3
 A. 2418                             2
 
 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
 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.