NY State Senate Bill 2023-S1035

Current Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 09, 2023	referred to health

2023-S1035 (ACTIVE) - Details

See Assembly Version of this Bill:: A10000
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Add §461-v, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6509
2021-2022: S1975

2023-S1035 (ACTIVE) - Summary

Provides for when the department may limit the census of persons with a serious mental illness residing in an adult home.

2023-S1035 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1035

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the social services law, in relation to persons with
serious mental illness residing in adult homes

 
PURPOSE:

This legislation would allow individuals with serious mental illness to
continue to access housing and services from adult homes operated by
not-for-profit organizations that offer an array of services and
supports, notwithstanding a cap on the census of such individuals that
was imposed by the settlement of a lawsuit.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Social Services Law by adding a new Section 461-V.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The settlement of O'Toole v. Cuomo requires the Department of Health to
impose limits on the percentage of people with serious mental illness
that large adult homes may serve. This settlement was in response to
claims that large adult home segregate individuals with mental illness
from the broader community. The settlement is intended to prevent large
adult home operators from admitting and retaining residents with serious
mental illness who do not need the services of an adult home and to
promote integration of these residents into the community by transition-
ing them to supportive housing or independent housing.

However, certain not-for-profit adult homes were established with a
mission to serve individuals with serious mental illness who require
housing and assistance with activities of daily living. These facilities
are uniquely qualified to meet the needs of residents living with a
mental illness and would not benefit from a limit placed on the number
of these residents.

An imposition of census limits would restrict access to a necessary
level of care for a vulnerable population, and it would also threaten
the viability of not-for-profit adult homes serving this population.
These homes have received government funding and philanthropic support
based on their level of commitment to serving a particularly vulnerable
population of individuals with serious mental illness. If the census
limit were to be imposed on these organizations, they would lose their
funding and may be forced to close their doors, reducing access to hous-
ing and services for people with serious mental illness and activities
of daily living deficits and would force most of the residents to seek
admission into a nursing home.

 
LEGISLATIVE HISTORY:

2021-2022: S.1975 - Referred to Health

2019-2020: S.6509 - Committee Discharged and Committed to Health/A.8022
- Referred to Health
 
STATE AND LOCAL FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1035 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1035
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03531-01-3

 S. 1035                             2
 
 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.

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Senate Bill S1035

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S1035 (ACTIVE) - Details

2023-S1035 (ACTIVE) - Summary

2023-S1035 (ACTIVE) - Sponsor Memo

2023-S1035 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1035

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Health Committee

2023-S1035 (ACTIVE) - Details

2023-S1035 (ACTIVE) - Summary

2023-S1035 (ACTIVE) - Sponsor Memo

2023-S1035 (ACTIVE) - Bill Text download pdf

Comments