S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6330
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 20, 2015
                                      ___________
       Introduced by M. of A. WALKER -- 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:
    1    Section 1. Section 7.15 of the mental hygiene law is amended by adding
    2  three new subdivisions (c), (d) and (e) to read as follows:
    3    (C)  THE COMMISSIONER SHALL ESTABLISH A COMMUNITY HOUSING WAITING LIST
    4  FOR ADULTS SEEKING HOUSING SERVICES  IN  THE  OFFICE  OF  MENTAL  HEALTH
    5  SERVICE  SYSTEM.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "COMMUNITY
    6  HOUSING WAITING LIST" SHALL MEAN  AN  UNDUPLICATED  LIST  OR  ROSTER  OF
    7  ADULTS  WITH A DOCUMENTED MENTAL ILLNESS WHO MEET THE ELIGIBILITY CRITE-
    8  RIA FOR THE ARRAY OF OFFICE OF  MENTAL  HEALTH  FUNDED  AND/OR  LICENSED
    9  HOUSING  PROGRAMS  WHO  HAVE BEEN REFERRED TO OR APPLIED FOR BUT NOT YET
   10  RECEIVED  SUPPORTED,  SUPPORTIVE,  SUPERVISED  OR   CONGREGATE   HOUSING
   11  SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM.
   12    FOR  THE  PURPOSES  OF  THIS  SECTION,  THE  TERM "PROVIDER OF HOUSING
   13  SERVICES" SHALL INCLUDE EVERY HOLDER OF AN OPERATING CERTIFICATE  ISSUED
   14  PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER, OR EVERY HOUSING PROGRAM
   15  FUNDED,  OPERATED  OR  ADMINISTERED  BY  THE  OFFICE INCLUDING ANY LOCAL
   16  GOVERNMENT UNIT MENTAL HEALTH HOUSING REFERRAL SYSTEM  AND  EACH  SINGLE
   17  POINT  OF ENTRY OFFICE, OPERATED BY OR UNDER CONTRACT WITH A DIRECTOR OF
   18  COMMUNITY SERVICES PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER.
   19    FOR THE PURPOSES OF THIS SECTION, THE  TERM  "AGENCY  OR  INSTITUTION"
   20  SHALL  INCLUDE  ADULT HOMES, NURSING HOMES, FOSTER CARE PROVIDERS, HOME-
   21  LESS SHELTERS, STATE PSYCHIATRIC CENTERS, HOSPITALS, CORRECTIONAL FACIL-
   22  ITIES AND OTHER REFERRING ENTITIES.
   23    EACH MONTH, EACH PROVIDER OF HOUSING SERVICES  SHALL  PROVIDE  TO  THE
   24  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.
                                                                  LBD06964-01-5
       A. 6330                             2
    1  ADMITTED TO, WITHDRAWS AN APPLICATION FOR OR IS DENIED ADMISSION TO  THE
    2  PROVIDER'S  HOUSING  PROGRAM,  ALONG  WITH SUCH OTHER INFORMATION AS THE
    3  COMMISSIONER MAY REQUIRE.
    4    EACH  MONTH,  EACH  AGENCY OR INSTITUTION MAKING REFERRALS FOR HOUSING
    5  SERVICES IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM  MAY  PROVIDE  TO
    6  THE  OFFICE  THE  NAMES OF PERSONS WHOM IT HAS REFERRED TO A PROVIDER OF
    7  HOUSING SERVICES, ALONG WITH SUCH OTHER INFORMATION AS THE  COMMISSIONER
    8  MAY REQUIRE.
    9    EACH  MONTH,  EACH  COUNTY'S COMMUNITY-BASED AGENCY PERFORMING ASSESS-
   10  MENTS OF PEOPLE WITH DISABILITIES USING THE UNIFORM ASSESSMENT TOOL,  AS
   11  REQUIRED  BY  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
   12  THREE OF THE EXECUTIVE LAW, SHALL PROVIDE TO THE OFFICE THE NAME OF EACH
   13  PERSON WITH A DOCUMENTED MENTAL ILLNESS WHO IS ASSESSED  AND  MEETS  THE
   14  ELIGIBILITY  CRITERIA  FOR  THE  ARRAY OF OFFICE OF MENTAL HEALTH FUNDED
   15  AND/OR LICENSED HOUSING PROGRAMS, AND THE NAMES OF THOSE PERSONS IT  HAS
   16  REFERRED  TO  PROVIDERS  OF  HOUSING  AND SERVICES ALONG WITH SUCH OTHER
   17  INFORMATION AS THE COMMISSIONER MAY REQUIRE.
   18    (D) THE COMMISSIONER SHALL ESTABLISH POLICIES,  PROCEDURES  AND  FORMS
   19  FOR  THE  COMMUNITY  HOUSING WAITING LIST IN ORDER TO ENSURE THAT APPLI-
   20  CANTS AND PROSPECTIVE APPLICANTS  FOR  HOUSING  PROGRAMS,  PROVIDERS  OF
   21  HOUSING  SERVICES,  AND  REFERRING  AGENCIES AND INSTITUTIONS MAY SUBMIT
   22  WAITING LIST  INFORMATION  AND  COPIES  OF  APPLICATIONS  AND  REFERRALS
   23  DIRECTLY  TO  THE OFFICE VIA ELECTRONIC MEANS. SUCH POLICIES, PROCEDURES
   24  AND FORMS SHALL SAFEGUARD THE CONFIDENTIALITY OF INFORMATION  CONCERNING
   25  PERSONS  SEEKING  HOUSING IN THE OFFICE OF MENTAL HEALTH SERVICE SYSTEM,
   26  AND ACCORD EACH PERSON ON THE WAITING LIST THE OPPORTUNITY TO RECEIVE  A
   27  WRITTEN COPY OF ALL PERSONAL INFORMATION MAINTAINED ON THE WAITING LIST.
   28  SUCH  POLICIES  AND  PROCEDURES  SHALL PROVIDE FOR THE COMMUNITY HOUSING
   29  WAITING LIST TO INCLUDE ALL PERSONS ON ANY LOCAL OR STATE  WAITING  LIST
   30  FOR  HOUSING  IN  THE  OFFICE OF MENTAL HEALTH SERVICE SYSTEM BEFORE THE
   31  EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE  UPON  WHICH  EACH  SUCH
   32  PERSON  WAS  FIRST  PLACED  ON  SUCH  WAITING LIST. SUCH LIST SHALL ALSO
   33  INCLUDE PERSONS WHO ARE PLACED ON ANY SUCH LOCAL OR STATE  WAITING  LIST
   34  ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   35    (E)  THE  COMMISSIONER SHALL PREPARE A WRITTEN REPORT ON THE COMMUNITY
   36  HOUSING WAITING LIST OF PERSONS WITH A DOCUMENTED MENTAL ILLNESS SEEKING
   37  HOUSING IN THE OFFICE OF MENTAL  HEALTH  SERVICE  SYSTEM.  SUCH  HOUSING
   38  SHALL  INCLUDE  COMMUNITY-BASED  HOUSING  AND RELATED SERVICES FOR WHICH
   39  PERSONS ARE ASSESSED PURSUANT TO ARTICLE TWENTY-FIVE  OF  THE  EXECUTIVE
   40  LAW.  SUCH  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF
   41  ADULTS, BY COUNTY, REFERRED TO THE COMMUNITY HOUSING WAITING  LIST;  THE
   42  NUMBER  OF ADULTS, BY COUNTY, THAT APPLIED FOR EACH CATEGORY OF RESIDEN-
   43  TIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY, ADMITTED TO EACH CATEGORY
   44  OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY COUNTY,  DENIED  ADMIS-
   45  SION  TO  EACH CATEGORY OF RESIDENTIAL SERVICE; THE NUMBER OF ADULTS, BY
   46  COUNTY, WHO WITHDREW  APPLICATIONS  FOR  EACH  CATEGORY  OF  RESIDENTIAL
   47  SERVICE;  AND  THE NUMBER OF ADULTS, BY COUNTY, ON THE STATEWIDE WAITING
   48  LIST FOR EACH CATEGORY OF RESIDENTIAL SERVICE.  FOR  EACH  CATEGORY  AND
   49  COUNTY,  THE  NUMBER OF MONTHS ON THE WAITING LIST SHALL BE REPORTED FOR
   50  EACH PERSON. SUCH REPORT ALSO SHALL INCLUDE THE  TYPES,  CAPACITIES  AND
   51  VACANCY  RATES OF RESIDENTIAL SERVICES OFFERED IN EACH COUNTY AND DETAIL
   52  THE EFFORTS OF THE OFFICE TO REDUCE THE LENGTH OF THE WAITING  LIST  FOR
   53  EACH CATEGORY OF RESIDENTIAL SERVICE, INCLUDING THE METHODS BY WHICH THE
   54  OFFICE PRIORITIZES THE PROVISION OF SERVICES TO PERSONS ON THE STATEWIDE
   55  COMMUNITY  HOUSING  WAITING  LIST AND THE EFFORTS OF THE STATE TO INFORM
   56  THE PUBLIC ABOUT THE COMMUNITY HOUSING WAITING LIST AND THE AVAILABILITY
       A. 6330                             3
    1  OF COMMUNITY HOUSING AND SERVICES FOR ADULTS WITH  A  DOCUMENTED  MENTAL
    2  ILLNESS.    SUCH  REPORT  SHALL BE SUBMITTED TO THE GOVERNOR, THE CHAIR-
    3  PERSON OF  THE  SENATE  MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITIES
    4  COMMITTEE  AND  THE CHAIRPERSON OF THE ASSEMBLY MENTAL HEALTH COMMITTEE,
    5  AND EACH LOCAL COMMUNITY SERVICES BOARD ON OR BEFORE JANUARY FIRST,  TWO
    6  THOUSAND EIGHTEEN AND MONTHLY THEREAFTER.
    7    S 2. This act shall take effect on the one hundred eightieth day after
    8  it shall have become a law; provided, however, that effective immediate-
    9  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   10  necessary for the implementation of this act on its effective  date  are
   11  authorized  and  directed  to  be  made  and completed on or before such
   12  effective date.