Bill Text: NY S05284 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes access to benefits and services for people with HIV in each local department of social services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO SOCIAL SERVICES [S05284 Detail]
Download: New_York-2019-S05284-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5284 2019-2020 Regular Sessions IN SENATE April 23, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to establishing access to benefits and services for people with HIV in each local department of social services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 138 to read as follows: 3 § 138. Access to HIV services. 1. The office of temporary and disabil- 4 ity assistance shall direct each local department of social services 5 (LDSS) to establish and maintain access to benefits and services as 6 defined in subdivision three of this section to every person with HIV 7 infection who requests assistance, and shall ensure the provision of 8 benefits and services to each eligible person infected with HIV. 9 2. The commissioner of the office of temporary and disability assist- 10 ance shall direct each LDSS to provide to persons with HIV infection who 11 satisfy the eligibility requirements for Medicaid as set forth in U.S.C. 12 1396 et seq.: 13 (a) intensive case management with an average ratio which shall not 14 exceed one caseworker or supervisor to twenty-five family cases, and 15 with an overall average ratio for all cases which shall not exceed one 16 caseworker or supervisor to thirty-four cases; and 17 (b) transportation and nutrition allowances in an amount not less than 18 one hundred ninety-three dollars per month. 19 3. (a) Whenever used in this subdivision, the following terms shall 20 have the following meanings: 21 (1) "Access to benefits and services" shall mean the provision of 22 assistance by staff of the LDSS to a person with HIV infection at a 23 single location in order to apply for publicly subsidized benefits and 24 services, to establish any and all elements of eligibility including, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01046-01-9S. 5284 2 1 but not limited to, assistance provided at a field office of the LDSS, 2 at the home of the applicant or recipient, at a hospital where such 3 applicant or recipient is a patient or at another location in assembling 4 such documentation as may be necessary to establish any and all elements 5 of eligibility and to maintain such eligibility; 6 (2) "Eligible person" shall mean a person who satisfies the eligibil- 7 ity requirements established pursuant to applicable local, state or 8 federal statute, law, rule or regulation for the benefits and services 9 set forth in paragraph (b) of this subdivision or for any other benefits 10 and services deemed appropriate by the commissioner; 11 (3) "Medically appropriate transitional and permanent housing" shall 12 mean housing which is suitable for persons with HIV infection, and if 13 necessary, accessible to persons with disabilities. Such housing shall 14 include, but not be limited to, individual refrigerated food and medi- 15 cine storage and adequate bathroom facilities which shall, at a minimum, 16 provide an effective locking mechanism and any other such measures as 17 are necessary to ensure privacy; 18 (4) "Person with HIV infection" shall mean a person who has received a 19 medical determination that he or she is infected with HIV; and 20 (5) "Commissioner" shall mean the commissioner of the office of tempo- 21 rary and disability assistance. 22 (b) The office of temporary and disability assistance shall provide, 23 or the commissioner shall direct LDSSs to provide access to benefits and 24 services to every eligible person with HIV infection who requests 25 assistance, and shall ensure the provision of benefits and services to 26 eligible persons with HIV infection. Any eligible person shall receive 27 only those benefits and services for which such person qualifies in 28 accordance with the applicable eligibility standards established pursu- 29 ant to local, state or federal statute, law, rule or regulation. Such 30 benefits and services shall include, but not be limited to: medically 31 appropriate transitional and permanent housing; Medicaid, as set forth 32 in 42 U.S.C. 1396 et seq. and other health-related services; long term 33 care services provided by a certified home health agency, long term home 34 health care program or AIDS home care program authorized pursuant to 35 article thirty-six of the public health law; personal care services 36 pursuant to this article; homemaker services as defined in subdivision 37 six of section thirty-six hundred two of the public health law; supple- 38 mental nutrition assistance program benefits in accordance with section 39 ninety-five of this chapter; transportation and nutrition allowances as 40 required by subdivision two of this section; preventative services, 41 including rent subsidies, in accordance with section four hundred nine-a 42 of this chapter; financial benefits; and intensive case management as 43 required by subdivision two of this section. The commissioner shall have 44 the authority to direct each LDSS to provide access to additional bene- 45 fits and services and ensure the provision of such additional benefits 46 and services whenever deemed appropriate. The requirements with respect 47 to such access to and eligibility for benefits and services shall not be 48 more restrictive than those requirements mandated by state or federal 49 statute, law, rule or regulation. Within thirty days of the effective 50 date of this section, the commissioner shall establish criteria pursuant 51 to which an applicant shall be entitled to a home or hospital visit for 52 the purpose of establishing eligibility and applying for benefits and 53 services. 54 (c)(1) Upon written or oral application or submission of documents 55 required to establish eligibility for benefits and services by a person 56 with HIV infection, such person shall immediately be provided with aS. 5284 3 1 receipt which shall include, but not be limited to, the date, a 2 description of the information received, and a statement as to whether 3 any application for such benefits and services is complete or incom- 4 plete, and if incomplete, such receipt shall identify any information or 5 documents needed in order for the application to be deemed complete. 6 (2) Where no statute, law, rule or regulation provides a time period 7 within which a benefit or service shall be provided to an eligible 8 person who requests such a benefit or service, such benefit or service 9 shall be provided no later than twenty business days following 10 submission of all information or documentation required to determine 11 eligibility. 12 (d) Where a person with HIV infection who applies for benefits and 13 services, or access to benefits and services, indicates that one or more 14 minor children reside with him or her or are in his or her care or 15 custody, such person shall be given information and program referrals on 16 child care options and custody planning, including the availability of 17 standby guardianship pursuant to section seventeen hundred twenty-six of 18 the surrogate's court procedure act and referral to legal assistance 19 programs. 20 (e) Recertification of eligibility, as required by any state or feder- 21 al law, statute, rule or regulation shall be conducted no more frequent- 22 ly than mandated by such statute, law, rule or regulation. 23 (f) Eligibility for benefits and services for persons with HIV 24 infection may not be terminated except where the recipient is determined 25 to no longer satisfy eligibility requirements, is deceased, or upon 26 certification by the LDSS that the recipient cannot be located to verify 27 his or her continued eligibility for benefits and services. In the 28 latter circumstance, the LDSS shall conduct a reasonable good faith 29 search for at least a ninety day period to locate the recipient, includ- 30 ing sending written notice by certified mail, return receipt requested, 31 to the last known address of such recipient, requiring the recipient to 32 contact the LDSS within ten days. 33 (g) Not later than sixty days from the effective date of this section, 34 the commissioner shall direct each LDSS to prepare a draft policy and 35 procedures manual for LDSS staff. Such policy and procedures manual 36 shall include, but not be limited to, strict guidelines on maintaining 37 the confidentiality of the identity of and information relating to all 38 applicants and recipients, instructional materials relating to the 39 medical and psychological needs of persons with HIV infection, applica- 40 tion procedures, eligibility standards, mandated time periods for the 41 provision of each benefit and service available to applicants and recip- 42 ients and advocacy resources available to persons with HIV infection. 43 Such lists of advocacy resources shall be updated semi-annually. Within 44 thirty days following the preparation of such draft policy and proce- 45 dures manual and prior to the preparation of a final policy and proce- 46 dures manual, the LDSS shall distribute such draft policy and procedures 47 manual to all social services agencies and organizations that contract 48 with the LDSS to provide HIV-related services and to all others whom the 49 LDSS deems appropriate, and hold no fewer than one noticed public hear- 50 ing at a site accessible to the disabled, at which advocates, services 51 providers, persons with HIV infection, and any other member of the 52 public shall be given an opportunity to comment on such draft policy and 53 procedures manual. Each LDSS shall prepare a final policy and procedures 54 manual within thirty days after the conclusion of such hearing and shall 55 thereafter review and where appropriate, revise such policy and proce- 56 dures manual on an annual basis. Each LDSS shall provide for semi-annualS. 5284 4 1 training, using such policy and procedures manual, for all division 2 staff. 3 (h) Not later than sixty days from the effective date of this section, 4 each LDSS shall publish a proposed rule establishing a bill of rights 5 for persons with HIV infection. Such draft bill of rights shall include, 6 but not be limited to, an explanation of the benefits and services for 7 which persons with HIV infection may be eligible; timetables within 8 which such benefits and services shall be provided to eligible persons; 9 an explanation of an applicant's and recipient's right to examine his or 10 her file and the procedure for disputing any information contained ther- 11 ein; an explanation of an applicant's and recipient's right to a home or 12 hospital visit for the purpose of applying for or maintaining benefits 13 or services; an explanation of the process for requesting an LDSS 14 conference or fair hearing in accordance with section twenty-two of this 15 chapter; and a summary of the rights and remedies for the redress of 16 discrimination. Within sixty days following the publication of such 17 proposed rule, and prior to the publication of a final rule, each LDSS 18 shall hold no fewer than one noticed public hearing at a site accessible 19 to the disabled at which advocates, service providers, persons with HIV 20 infection, and any other member of the public shall be given an opportu- 21 nity to comment on such draft bill of rights. Each LDSS shall publish a 22 final rule within thirty days after the conclusion of such hearing and 23 shall thereafter review, and where appropriate, revise such bill of 24 rights on an annual basis. Such bill of rights shall be conspicuously 25 posted in all LDSS offices that are open to the public and shall be 26 available for distribution to the public in English, Spanish and any 27 other languages that the commissioner deems appropriate. 28 (i) Not later than ninety days from the effective date of this 29 section, the commissioner shall establish a policy or procedure for 30 overseeing and monitoring the delivery of services required pursuant to 31 this section to persons with HIV infections which shall include, but not 32 be limited to, quality assurance measurements. The commissioner shall 33 submit such policies or procedures to the governor, speaker of the 34 assembly and the temporary president of the senate in writing within ten 35 days from the date such policies or procedures are established. 36 (j) Beginning on September first, two thousand nineteen, and on the 37 first day of each calendar quarter thereafter, the commissioner shall 38 submit a written report to the governor, speaker of the assembly, minor- 39 ity leader of the assembly, the temporary president of the senate, and 40 the minority leader of the senate, providing the following information 41 disaggregated on both a quarterly and annualized basis: the number of 42 persons with HIV infection who requested the benefits and services set 43 forth in paragraph (b) of this subdivision and any other benefits 44 provided by LDSS, disaggregated by LDSS and by the type of benefit or 45 service requested, and the average length of time required to process 46 such requests, disaggregated by LDSS, and the type of benefit or service 47 requested; the number of persons with HIV infection who requested bene- 48 fits and serviced and were determined to be ineligible for such benefits 49 and services, disaggregated by LDSS, by the type of benefit or service 50 requested, and by the reason for such determinations; the number of LDSS 51 staff, by job title, whose duties include providing benefits and 52 services or access to benefits and services pursuant to this section, 53 the number of recipients, the number of cases and the number of requests 54 for assistance, disaggregated by LDSS; the average length of time from 55 the initial request for benefits and services to submission of a 56 complete application for such benefits and services, the average lengthS. 5284 5 1 of time from submission of such complete application to grant or denial 2 of the benefits and services requested, and the average length of time 3 from the grant of such benefits and services to the provision of such 4 benefits and services, disaggregated by LDSS and by the type of benefit 5 or service requested; the average length of time from the initial 6 request for an exception to policy to approve enhanced rental assistance 7 to the approval or disapproval of such exception and the average length 8 of time from the approval of such exception to the issuance of such 9 enhanced rental assistance, disaggregated by LDSS; the number of 10 requests for emergency housing assistance, the number of persons 11 referred to emergency housing assistance, the average length of stay in 12 emergency assistance, and the number of persons referred to permanent 13 housing; the number of persons requesting supportive housing placements, 14 the number of persons referred to such supportive housing and the aver- 15 age length of time from request to placement; the number of cases 16 closed, disaggregated by LDSS and by the reasons for such closure, the 17 number of such closed cases that were re-opened and the average length 18 of time required to re-open such closed cases; the number of administra- 19 tive fair hearings requested, the number of fair hearing decisions in 20 favor of applicants and recipients and the average length of time for 21 compliance with such a fair hearing decision; and the number of 22 proceedings initiated pursuant to article seventy-eight of the civil 23 practice law and rules challenging fair hearing decisions, and the 24 number of article seventy-eight decisions rendered in favor of appli- 25 cants or recipients. For the purposes of this subdivision, "field 26 office" shall mean any office of the department at which persons with 27 HIV infection may access benefits and services. 28 (k) There shall be an advisory board to advise the commissioner on the 29 provision of benefits and services and access to benefits and services 30 to persons with HIV infection as required by this section. This advisory 31 board shall consist of eleven members to be appointed for two year terms 32 as follows: two members shall be appointed by the speaker of the assem- 33 bly, two member shall be appointed by the temporary president of the 34 senate, one member shall be appointed by the minority leader of the 35 assembly, one member shall be appointed by the minority leader of the 36 senate and the remaining five members shall be appointed by the gover- 37 nor. At least one of the appointments made by the speaker of the assem- 38 bly and the temporary president of the senate, and at least three of the 39 appointments made by the governor shall be eligible for benefits and 40 services pursuant to this section. The advisory board shall meet at 41 least quarterly and members shall serve without compensation. Such advi- 42 sory board may formulate and recommend to the commissioner a policy or 43 procedure for overseeing and monitoring the delivery of services to 44 persons with HIV infection which may include quality assurance measure- 45 ments. Such advisory board shall submit such recommended policy or 46 procedure to the speaker of the assembly and the temporary president of 47 the senate upon submission to the commissioner. 48 § 2. Subdivision 14 of section 131-a of the social services law, as 49 amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is 50 amended to read as follows: 51 14. In determining the need for aid provided pursuant to public 52 assistance programs, each person living with medically diagnosed HIV 53 infection [as defined by the AIDS institute of the department of health54in social services districts with a population over five million who is55receiving services through such district's administrative unit providing56HIV/AIDS services, public assistance and earned and/or unearned income,]S. 5284 6 1 shall not be required to pay more than thirty percent of his or her 2 monthly earned and/or unearned income toward the cost of rent that such 3 person has a direct obligation to pay; this provision shall not apply to 4 room and board arrangements. 5 § 3. The commissioner of the office of temporary and disability 6 assistance shall amend 18 N.Y.C.R.R. § 352.3(k) as follows: (a) to 7 require the office of temporary and disability assistance or local 8 departments of social services to provide emergency shelter allowances, 9 upon request, to households composed of an applicant or recipient of 10 public assistance who has been medically diagnosed with HIV infection 11 and any family members residing with such person; (b) to set the amount 12 of the maximum emergency shelter allowance available at the amount, of 13 the fair market rent (FMR) set by the United States department of hous- 14 ing and urban development for the size the eligible household and FMR 15 area where the household is located, with the allowance in no event to 16 be greater than the actual monthly rent due; and (c) pursuant to subdi- 17 vision 14 of section 131-a of the social services law, as amended in 18 this act, to calculate the amount of the emergency shelter allowance 19 available to a person with HIV infection who has earned and/or unearned 20 income up to 200 percent of the federal poverty guidelines as a function 21 of actual total monthly rent due less 30 percent of the monthly earned 22 and/or unearned income of the person with HIV infection. 23 § 4. Notwithstanding section 153 of the social services law or any 24 other inconsistent provision of law (a) for local departments of social 25 services with a population over five million, New York state shall reim- 26 burse 50 percent of safety net assistance expenditures for emergency 27 shelter, transportation, or nutrition payments which the district deter- 28 mines are necessary to establish or maintain independent living arrange- 29 ments among persons with HIV infection and who are homeless or facing 30 homelessness and for whom no viable and less costly alternative to hous- 31 ing is available; provided, however, that funds appropriated herein may 32 only be used for such purposes if the cost of such allowances are not 33 eligible for reimbursement under medical assistance or other programs; 34 and (b) for local departments of social services with a population under 35 five million, New York state shall pay or reimburse 100 percent of safe- 36 ty net assistance expenditures for emergency shelter, transportation, or 37 nutrition payments necessary to establish or maintain independent living 38 arrangements among persons with HIV infection and who are homeless or 39 facing homelessness and for whom no viable and less costly alternative 40 to housing is available; provided, however, that funds appropriated 41 herein may only be used for such purposes if the cost of such allowances 42 are not eligible for reimbursement under medical assistance or other 43 programs. 44 § 5. This act shall take effect immediately.
