S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    316
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- Multi-Sponsored by -- M. of A. SIMON --
   read once and referred to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to the establishment
   of  community  housing  waiting  lists for adults within the office of
   mental health service system

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.15 of the mental hygiene law is amended by adding
 three new subdivisions (c), (d) and (e) to read as follows:
   (C)  THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAITING LIST
 FOR ADULTS SEEKING HOUSING SERVICES  IN  THE  OFFICE  OF  MENTAL  HEALTH
 SERVICE  SYSTEM.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "COMMUNITY
 HOUSING WAITING LIST" SHALL MEAN  AN  UNDUPLICATED  LIST  OR  ROSTER  OF
 ADULTS  WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY CRITE-
 RIA FOR THE ARRAY OF OFFICE OF  MENTAL  HEALTH  FUNDED  AND/OR  LICENSED
 HOUSING  PROGRAMS  WHO  HAVE BEEN REFERRED TO OR APPLIED FOR BUT NOT YET
 RECEIVED  SUPPORTED,  SUPPORTIVE,  SUPERVISED  OR   CONGREGATE   HOUSING
 SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM.
   FOR  THE  PURPOSES  OF  THIS  SECTION,  THE  TERM "PROVIDER OF HOUSING
 SERVICES" SHALL INCLUDE EVERY HOLDER OF AN OPERATING CERTIFICATE  ISSUED
 PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR EVERY HOUSING PROGRAM
 FUNDED,  OPERATED  OR  ADMINISTERED  BY  THE  OFFICE INCLUDING ANY LOCAL
 GOVERNMENT UNIT MENTAL HEALTH HOUSING REFERRAL SYSTEM  AND  EACH  SINGLE
 POINT  OF ENTRY OFFICE, OPERATED BY OR UNDER CONTRACT WITH A DIRECTOR OF
 COMMUNITY SERVICES PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER.
   FOR THE PURPOSES OF THIS SECTION, THE  TERM  "AGENCY  OR  INSTITUTION"
 SHALL  INCLUDE  ADULT HOMES, NURSING HOMES, FOSTER CARE PROVIDERS, HOME-
 LESS SHELTERS, STATE PSYCHIATRIC CENTERS, HOSPITALS, CORRECTIONAL FACIL-
 ITIES AND OTHER REFERRING ENTITIES.
   EACH MONTH, EACH PROVIDER OF HOUSING SERVICES  SHALL  PROVIDE  TO  THE
 OFFICE  THE  NAME  OF  EACH  PERSON  WHO IS REFERRED TO, APPLIES FOR, IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01006-01-3
              

 A. 316                              2
 
 ADMITTED TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO  THE
 PROVIDER'S  HOUSING  PROGRAM,  ALONG  WITH SUCH OTHER INFORMATION AS THE
 COMMISSIONER MAY REQUIRE.
   EACH  MONTH,  EACH  AGENCY OR INSTITUTION MAKING REFERRALS FOR HOUSING
 SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM  MAY  PROVIDE  TO
 THE  OFFICE  THE  NAMES OF PERSONS WHOM IT HAS REFERRED TO A PROVIDER OF
 HOUSING SERVICES, ALONG WITH SUCH OTHER INFORMATION AS THE  COMMISSIONER
 MAY REQUIRE.
   EACH  MONTH,  EACH  COUNTY'S COMMUNITY-BASED AGENCY PERFORMING ASSESS-
 MENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT TOOL,  AS
 REQUIRED  BY  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
 THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME OF EACH
 PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED  AND  MEETS  THE
 ELIGIBILITY  CRITERIA  FOR  THE  ARRAY OF OFFICE OF MENTAL HEALTH FUNDED
 AND/OR LICENSED HOUSING PROGRAMS, AND THE NAMES OF THOSE PERSONS IT  HAS
 REFERRED TO PROVIDERS OF HOUSING SERVICES ALONG WITH SUCH OTHER INFORMA-
 TION AS THE COMMISSIONER MAY REQUIRE.
   (D)  THE  COMMISSIONER  SHALL ESTABLISH POLICIES, PROCEDURES AND FORMS
 FOR THE COMMUNITY HOUSING WAITING LIST IN ORDER TO  ENSURE  THAT  APPLI-
 CANTS  AND  PROSPECTIVE  APPLICANTS  FOR  HOUSING PROGRAMS, PROVIDERS OF
 HOUSING SERVICES, AND REFERRING AGENCIES  AND  INSTITUTIONS  MAY  SUBMIT
 WAITING  LIST  INFORMATION  AND  COPIES  OF  APPLICATIONS  AND REFERRALS
 DIRECTLY TO THE OFFICE VIA ELECTRONIC MEANS. SUCH  POLICIES,  PROCEDURES
 AND  FORMS SHALL SAFEGUARD THE CONFIDENTIALITY OF INFORMATION CONCERNING
 PERSONS SEEKING HOUSING IN THE OFFICE OF MENTAL HEALTH  SERVICE  SYSTEM,
 AND  ACCORD EACH PERSON ON THE WAITING LIST THE OPPORTUNITY TO RECEIVE A
 WRITTEN COPY OF ALL PERSONAL INFORMATION MAINTAINED ON THE WAITING LIST.
 SUCH POLICIES AND PROCEDURES SHALL PROVIDE  FOR  THE  COMMUNITY  HOUSING
 WAITING  LIST  TO INCLUDE ALL PERSONS ON ANY LOCAL OR STATE WAITING LIST
 FOR HOUSING IN THE OFFICE OF MENTAL HEALTH  SERVICE  SYSTEM  BEFORE  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION AND THE DATE UPON WHICH EACH SUCH
 PERSON WAS FIRST PLACED ON SUCH  WAITING  LIST.  SUCH  LIST  SHALL  ALSO
 INCLUDE  PERSONS  WHO ARE PLACED ON ANY SUCH LOCAL OR STATE WAITING LIST
 ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (E) THE COMMISSIONER SHALL PREPARE A WRITTEN REPORT ON  THE  COMMUNITY
 HOUSING WAITING LIST OF PERSONS WITH A DOCUMENTED MENTAL ILLNESS SEEKING
 HOUSING  IN  THE  OFFICE  OF  MENTAL HEALTH SERVICE SYSTEM. SUCH HOUSING
 SHALL INCLUDE COMMUNITY-BASED HOUSING AND  RELATED  SERVICES  FOR  WHICH
 PERSONS  ARE  ASSESSED  PURSUANT TO ARTICLE TWENTY-FIVE OF THE EXECUTIVE
 LAW. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED  TO,  THE  NUMBER  OF
 ADULTS,  BY  COUNTY, REFERRED TO THE COMMUNITY HOUSING WAITING LIST; THE
 NUMBER OF ADULTS, BY COUNTY, THAT APPLIED FOR EACH CATEGORY OF  RESIDEN-
 TIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY, ADMITTED TO EACH CATEGORY
 OF  RESIDENTIAL  SERVICE; THE NUMBER OF ADULTS, BY COUNTY, DENIED ADMIS-
 SION TO EACH CATEGORY OF RESIDENTIAL SERVICE; THE NUMBER OF  ADULTS,  BY
 COUNTY,  WHO  WITHDREW  APPLICATIONS  FOR  EACH  CATEGORY OF RESIDENTIAL
 SERVICE; AND THE NUMBER OF ADULTS, BY COUNTY, ON THE  STATEWIDE  WAITING
 LIST  FOR  EACH  CATEGORY  OF RESIDENTIAL SERVICE. FOR EACH CATEGORY AND
 COUNTY, THE NUMBER OF MONTHS ON THE WAITING LIST SHALL BE  REPORTED  FOR
 EACH  PERSON.  SUCH  REPORT ALSO SHALL INCLUDE THE TYPES, CAPACITIES AND
 VACANCY RATES OF RESIDENTIAL SERVICES OFFERED IN EACH COUNTY AND  DETAIL
 THE  EFFORTS  OF THE OFFICE TO REDUCE THE LENGTH OF THE WAITING LIST FOR
 EACH CATEGORY OF RESIDENTIAL SERVICE, INCLUDING THE METHODS BY WHICH THE
 OFFICE PRIORITIZES THE PROVISION OF SERVICES TO PERSONS ON THE STATEWIDE
 COMMUNITY HOUSING WAITING LIST AND THE EFFORTS OF THE  STATE  TO  INFORM
 THE PUBLIC ABOUT THE COMMUNITY HOUSING WAITING LIST AND THE AVAILABILITY
 A. 316                              3
 
 OF  COMMUNITY  HOUSING  SERVICES  FOR  ADULTS  WITH  A DOCUMENTED MENTAL
 ILLNESS.  SUCH REPORT SHALL BE SUBMITTED TO  THE  GOVERNOR,  THE  CHAIR-
 PERSON  OF  THE  SENATE  MENTAL  HEALTH  AND  DEVELOPMENTAL DISABILITIES
 COMMITTEE  AND  THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE,
 AND EACH LOCAL COMMUNITY SERVICES BOARD ON OR BEFORE JANUARY FIRST,  TWO
 THOUSAND TWENTY-SIX AND MONTHLY THEREAFTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.