S T A T E   O F   N E W   Y O R K
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                                  7431

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to integrated  hous-
  ing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.42 to read as follows:
S 13.42 INTEGRATED HOUSING PLAN.
  (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND  COMMUNITY  RENEWAL,  AND  THE MOST INTEGRATED SETTINGS COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL ESTABLISH A PLAN TO INCREASE HOUSING OPPORTUNITIES FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES. THE PLAN SHALL INCLUDE, BUT NOT  BE  LIMITED
TO:
  (1)  IDENTIFICATION  OF STRATEGIES TO FACILITATE INDIVIDUALS RECEIVING
OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
OWN HOME, LEASED APARTMENT, OR FAMILY'S HOME, WHEN SUCH A  PLACEMENT  IS
THEIR  INFORMED  CHOICE  AND  THE MOST INTEGRATED SETTING APPROPRIATE TO
THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHOULD:
  (I) FACILITATE OPPORTUNITIES FOR INDIVIDUALS WITH DEVELOPMENTAL  DISA-
BILITIES,  INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS TO
LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND  AWAY  FROM  THEIR
PARENTAL HOME;
  (II)  EXPAND  THE  INVENTORY OF AFFORDABLE AND ACCESSIBLE RENTAL UNITS
FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
  (III) INCREASE ACCESS TO RENTAL SUBSIDIES FOR INDIVIDUALS WITH  DEVEL-
OPMENTAL DISABILITIES;
  (IV)  BUILD  UNDERSTANDING AND AWARENESS OF INFORMED CHOICES FOR INDE-
PENDENT LIVING AMONG INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,  FAMI-
LIES  PUBLIC  AND  PRIVATE ORGANIZATION, DEVELOPERS AND MEDICAID SERVICE
COORDINATORS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15154-01-4

S. 7431                             2

  (V) REVIEW POTENTIAL FEDERAL AND STATE POLICY CHANGES THAT WILL FACIL-
ITATE INCREASED ACCESS AND AVAILABILITY OF SERVICES  AND  SUPPORTS  THAT
PERMIT INDIVIDUALS TO CHOOSE MORE INDEPENDENT LIVING OPTIONS; AND
  (VI) ASSESS AND ADVANCE COORDINATED PLAN IMPLEMENTATION.
  (2) DATA CONCERNING BASELINE INFORMATION REGARDING THE NUMBER OF INDI-
VIDUALS  WITH  DEVELOPMENTAL  DISABILITIES  WHO WOULD CHOOSE INDEPENDENT
LIVING OPTIONS, IF AVAILABLE AND THE  IDENTIFICATION  OF  STRATEGIES  TO
INCREASE  ACCESS  TO  THESE  OPTIONS;  AS  WELL AS INFORMATION AS TO THE
EXISTING PLACEMENTS IN  MORE  RESTRICTIVE  SETTINGS,  INCLUDING  NURSING
HOMES, ICF SETTINGS, COMMUNITY RESIDENCES, IRAS AND FAMILY CARE SETTINGS
WHO  HAVE  CHOSEN TO LIVE IN THESE SETTINGS HAVING BEEN PROVIDED OPTIONS
FOR COMMUNITY PLACEMENT, SERVICES AND  SUPPORTS  WHERE  SUCH  INDIVIDUAL
HAS:
  (I)  BEEN  OFFERED  A CHOICE OF PROVIDERS CONSISTENT WITH THE INDIVID-
UAL'S IDENTIFIED NEEDS AND PREFERENCES; AND
  (II) BEEN PROVIDED APPROPRIATE COMMUNITY-BASED SERVICES FROM  AMONG  A
RANGE  OF OPTIONS, WITH OPPORTUNITIES FOR THE INDIVIDUAL, THEIR FAMILIES
OR CIRCLE OF SUPPORT TO SPEAK  WITH  THOSE  PROVIDERS,  VISIT  COMMUNITY
PLACEMENTS  AND  BE  PERMITTED  TO  HAVE CONVERSATIONS AND MEETINGS WITH
INDIVIDUALS CURRENTLY LIVING IN THE COMMUNITY AND THEIR FAMILIES, BEFORE
BEING ASKED TO MAKE A CHOICE REGARDING OPTIONS.
  (3) IDENTIFICATION OF MODELS OF INTEGRATED HOUSING PROMOTING,  TO  THE
GREATEST  EXTENT  POSSIBLE,  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
LIVING IN THE COMMUNITY AMONG INDIVIDUALS WITHOUT DISABILITIES,  INCLUD-
ING  CONSIDERATIONS  OF  ABILITY  LEVELS,  CRITICAL LIFE TRANSITIONS AND
APPROPRIATE OPTIONS;
  (4)  STRATEGIES  FOR  ASSISTING  INDIVIDUALS  IN  TRANSITIONING   FROM
PARENTAL HOMES TO COMMUNITY HOUSING;
  (5)  DESCRIBE  INFORMATION  ABOUT  AND  DESCRIBE  A PROCEDURE BY WHICH
APPROPRIATE REFERRALS CAN BE MADE FOR INDIVIDUALS TO APPLY FOR RENTAL OR
HOUSING ASSISTANCE AND BRIDGE  FUNDING  THROUGH  ALL  EXISTING  SOURCES,
INCLUDING  LOCAL, STATE, OR FEDERAL AFFORDABLE HOUSING OR RENTAL ASSIST-
ANCE PROGRAMS (TENANT-BASED  OR  PROJECT-BASED)  AND  ANY  DEVELOPMENTAL
DISABILITY SPECIFIC RENTAL ASSISTANCE;
  (6)  IDENTIFICATION  OF  MEANS  TO ASSIST INDIVIDUALS WITH SIGNIFICANT
BEHAVIORAL OR MEDICAL NEEDS IN PREPARING FOR AND  MOVING  TOWARDS  INTE-
GRATED HOUSING;
  (7)  TECHNICAL ASSISTANCE, COMPLIANCE AND TRANSITION ASSISTANCE PROCE-
DURES FOR EXISTING PROVIDERS WHO SEEK TO TRANSITION TO  MORE  INTEGRATED
HOUSING MODELS; AND
  (8)  ASSESSMENTS OF FUNDING AND NECESSARY SUPPORTS FOR INDIVIDUALS AND
PROVIDERS.
  (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AND THE  MOST  INTEGRATED  SETTINGS  COORDINATING
COUNCIL AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER
SHALL  DEVELOP THE PLAN WITH INPUT FROM STAKEHOLDERS, INCLUDING INDIVID-
UALS WITH DEVELOPMENTAL DISABILITIES, PARENTS AND GUARDIANS OF  INDIVID-
UALS   WITH  DEVELOPMENTAL  DISABILITIES,  ADVOCATES  AND  PROVIDERS  OF
SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
  (C) THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED  AND
SUBMITTED  TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY AND POSTED ON THE WEBSITE OF THE OFFICE FOR PEOPLE WITH  DEVEL-
OPMENTAL  DISABILITIES WITHIN ONE HUNDRED EIGHTY DAYS OF THE CENTERS FOR
MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE STATE'S 1915(B)/(C) HCBS
WAIVER APPLICATION.

S. 7431                             3

  S 2. This act shall take effect immediately.