S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9623
 
                           I N  A S S E M B L Y
 
                              March 26, 2024
                                ___________
 
 Introduced by M. of A. DAVILA -- read once and referred 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.
              

                                                            LBD05551-01-3
 A. 9623                             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.