S T A T E   O F   N E W   Y O R K
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                                  7943

                            I N  S E N A T E

                             October 6, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social services law, in relation to establishing the
  state division of AIDS services

  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
138 to read as follows:
  S 138. DIVISION OF AIDS SERVICES. 1. THERE SHALL BE A  STATE  DIVISION
OF  AIDS  SERVICES WITHIN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE. SUCH DIVISION SHALL PROVIDE ACCESS TO  BENEFITS  AND  SERVICES  AS
DEFINED  IN  SUBDIVISION  THREE OF THIS SECTION TO EVERY PERSON INFECTED
WITH HIV AND TO EVERY PERSON WITH CLINICAL/SYMPTOMATIC HIV  ILLNESS,  AS
DETERMINED BY THE NEW YORK STATE DEPARTMENT OF HEALTH AIDS INSTITUTE, OR
WITH  AIDS,  AS  DEFINED  BY THE FEDERAL CENTERS FOR DISEASE CONTROL AND
PREVENTION, WHO REQUESTS ASSISTANCE, AND SHALL ENSURE THE  PROVISION  OF
BENEFITS  AND  SERVICES TO ELIGIBLE PERSONS INFECTED WITH HIV AS DEFINED
IN SUBDIVISION THREE  OF  THIS  SECTION  WITH  CLINICAL/SYMPTOMATIC  HIV
ILLNESS OR WITH AIDS.
  2.  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE SHALL DIRECT STAFF OF  THE  STATE  DIVISION  OF  AIDS  SERVICES  TO
PROVIDE  TO PERSONS INFECTED WITH HIV, PERSONS WITH CLINICAL/SYMPTOMATIC
HIV ILLNESS, AS DETERMINED BY THE NEW YORK STATE  DEPARTMENT  OF  HEALTH
AIDS  INSTITUTE, OR PERSONS WITH AIDS, AS DEFINED BY THE FEDERAL CENTERS
FOR DISEASE CONTROL AND PREVENTION, WHO SATISFY THE  INCOME  ELIGIBILITY
REQUIREMENTS  FOR  MEDICAID  AS  SET  FORTH  IN U.S.C. 1396 ET SEQ.: (A)
INTENSIVE CASE MANAGEMENT WITH AN AVERAGE RATIO WHICH SHALL  NOT  EXCEED
ONE  CASEWORKER  OR  SUPERVISOR TO TWENTY-FIVE FAMILY CASES, AND WITH AN
OVERALL AVERAGE RATIO FOR ALL CASES WHICH SHALL NOT EXCEED ONE CASEWORK-
ER OR SUPERVISOR TO THIRTY-FOUR CASES; AND (B) TRANSPORTATION AND NUTRI-
TION ALLOWANCES.  SUCH TRANSPORTATION AND NUTRITION ALLOWANCES SHALL  BE
PROVIDED  TO  EACH SUCH PERSON IN AN AMOUNT NOT LESS THAN THE AMOUNT PER
PERSON PROVIDED ON THE EFFECTIVE DATE OF THIS  SECTION.  NOTWITHSTANDING
THE  REQUIREMENTS  OF  THIS  SUBDIVISION,  IN  THE  EVENT  OF A MATERIAL

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

                                                           LBD15824-01-4

S. 7943                             2

REDUCTION IN THE STATE OF NEW YORK'S FUNDING ALLOCATION, THE COMMISSION-
ER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE MAY MODIFY  SUCH
AMOUNT OF ALLOWANCES.
  3.  (A)  WHENEVER  USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (1) "ACCESS TO BENEFITS AND SERVICES"  SHALL  MEAN  THE  PROVISION  OF
ASSISTANCE  BY STAFF OF THE DIVISION TO A PERSON INFECTED WITH HIV, WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS AT A  SINGLE  LOCATION  IN
ORDER  TO APPLY FOR PUBLICLY SUBSIDIZED BENEFITS AND SERVICES, TO ESTAB-
LISH ANY AND ALL ELEMENTS OF ELIGIBILITY INCLUDING, BUT NOT LIMITED  TO,
THOSE ELEMENTS REQUIRED TO BE ESTABLISHED FOR FINANCIAL BENEFITS, AND TO
MAINTAIN  SUCH  ELIGIBILITY  AND  SHALL  INCLUDE, BUT NOT BE LIMITED TO,
ASSISTANCE PROVIDED BY THE OFFICE, AT  THE  HOME  OF  THE  APPLICANT  OR
RECIPIENT,  AT A HOSPITAL WHERE SUCH APPLICANT OR RECIPIENT IS A PATIENT
OR AT ANOTHER LOCATION, IN  ASSEMBLING  SUCH  DOCUMENTATION  AS  MAY  BE
NECESSARY  TO ESTABLISH ANY AND ALL ELEMENTS OF ELIGIBILITY AND TO MAIN-
TAIN SUCH ELIGIBILITY;
  (2) "DIVISION" SHALL MEAN THE  STATE  DIVISION  OF  AIDS  SERVICES  AS
ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION;
  (3)  "ELIGIBLE PERSON" SHALL MEAN A PERSON WHO SATISFIES THE ELIGIBIL-
ITY REQUIREMENTS ESTABLISHED PURSUANT  TO  APPLICABLE  LOCAL,  STATE  OR
FEDERAL  STATUTE,  LAW, RULE OR REGULATION FOR THE BENEFITS AND SERVICES
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION OR FOR ANY OTHER BENEFITS
AND SERVICES DEEMED APPROPRIATE BY THE COMMISSIONER;
  (4) "MEDICALLY APPROPRIATE TRANSITIONAL AND PERMANENT  HOUSING"  SHALL
MEAN  HOUSING  WHICH  IS  SUITABLE FOR PERSONS WITH SEVERELY COMPROMISED
IMMUNE SYSTEMS, AND IF NECESSARY, ACCESSIBLE TO PERSONS  WITH  DISABILI-
TIES.  SUCH  HOUSING  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, INDIVIDUAL
REFRIGERATED FOOD AND MEDICINE STORAGE AND ADEQUATE BATHROOM  FACILITIES
WHICH  SHALL,  AT  A MINIMUM, PROVIDE AN EFFECTIVE LOCKING MECHANISM AND
ANY OTHER SUCH MEASURES AS ARE NECESSARY TO ENSURE PRIVACY;
  (5) "PERSON INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC  HIV  ILLNESS
OR WITH AIDS" SHALL MEAN A PERSON WHO HAS RECEIVED A CONCLUSIVE DETERMI-
NATION  THAT HE OR SHE IS HIV POSITIVE OR WHO HAS AT ANY TIME BEEN DIAG-
NOSED WITH CLINICAL/SYMPTOMATIC HIV ILLNESS, AS  DETERMINED BY  THE  NEW
YORK  STATE  DEPARTMENT OF HEALTH AIDS INSTITUTE, OR A PERSON WITH AIDS,
AS DEFINED BY THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION;
  (6) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE; AND
  (7) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE.
  (B) THE COMMISSIONER SHALL DIRECT STAFF OF  THE  DIVISION  TO  PROVIDE
ACCESS  TO  BENEFITS AND SERVICES TO EVERY ELIGIBLE PERSON INFECTED WITH
HIV, WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR  WITH  AIDS  WHO  REQUESTS
ASSISTANCE,  AND  SHALL ENSURE THE PROVISION OF BENEFITS AND SERVICES TO
ELIGIBLE  PERSONS  INFECTED  WITH  HIV,  WITH  CLINICAL/SYMPTOMATIC  HIV
ILLNESS  AND  WITH  AIDS.  ANY  ELIGIBLE PERSON SHALL RECEIVE ONLY THOSE
BENEFITS AND SERVICES FOR WHICH SUCH PERSON QUALIFIES IN ACCORDANCE WITH
THE APPLICABLE ELIGIBILITY  STANDARDS  ESTABLISHED  PURSUANT  TO  LOCAL,
STATE  OR  FEDERAL  STATUTE,  LAW, RULE OR REGULATION. SUCH BENEFITS AND
SERVICES SHALL INCLUDE, BUT NOT BE  LIMITED  TO:  MEDICALLY  APPROPRIATE
TRANSITIONAL  AND PERMANENT HOUSING; MEDICAID, AS SET FORTH IN 42 U.S.C.
1396 ET SEQ. AND OTHER  HEALTH-RELATED  SERVICES;  LONG  TERM  CARE  AND
SERVICES  PROVIDED  BY  A  CERTIFIED  HOME HEALTH AGENCY, LONG TERM HOME
HEALTH CARE PROGRAM OR AIDS HOME CARE  PROGRAM  AUTHORIZED  PURSUANT  TO
ARTICLE  THIRTY-SIX  OF  THE  PUBLIC  HEALTH LAW; PERSONAL CARE SERVICES

S. 7943                             3

PURSUANT TO THIS ARTICLE; HOMEMAKER SERVICES AS DEFINED  IN  SUBDIVISION
SIX  OF  SECTION  THIRTY-SIX  HUNDRED TWO OF THE PUBLIC HEALTH LAW; FOOD
STAMPS IN ACCORDANCE WITH SECTION NINETY-FIVE OF THIS CHAPTER; TRANSPOR-
TATION  AND  NUTRITION ALLOWANCES AS REQUIRED BY SUBDIVISION TWO OF THIS
SECTION; PREVENTATIVE SERVICES, INCLUDING RENT SUBSIDIES, IN  ACCORDANCE
WITH  SECTION  FOUR  HUNDRED NINE-A OF THIS CHAPTER; FINANCIAL BENEFITS;
AND INTENSIVE CASE MANAGEMENT AS REQUIRED BY  SUBDIVISION  TWO  OF  THIS
SECTION.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROVIDE ACCESS TO
ADDITIONAL BENEFITS AND SERVICES AND ENSURE THE PROVISION OF SUCH  ADDI-
TIONAL  BENEFITS  AND SERVICES WHENEVER DEEMED APPROPRIATE. THE REQUIRE-
MENTS WITH RESPECT TO SUCH ACCESS TO AND ELIGIBILITY  FOR  BENEFITS  AND
SERVICES  SHALL NOT BE MORE RESTRICTIVE THAN THOSE REQUIREMENTS MANDATED
BY STATE OR FEDERAL STATUTE, LAW, RULE OR REGULATION. WITHIN THIRTY DAYS
OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER SHALL  ESTABLISH
CRITERIA  PURSUANT  TO WHICH AN APPLICANT SHALL BE ENTITLED TO A HOME OR
HOSPITAL VISIT FOR THE PURPOSE OF ESTABLISHING ELIGIBILITY AND  APPLYING
FOR BENEFITS AND SERVICES.
  (C)(1)  UPON WRITTEN OR ORAL APPLICATION TO THE DIVISION OR SUBMISSION
OF DOCUMENTS REQUIRED TO ESTABLISH ELIGIBILITY FOR BENEFITS AND SERVICES
BY A PERSON INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV ILLNESS  OR
WITH  AIDS,  SUCH  PERSON  SHALL  IMMEDIATELY BE PROVIDED WITH A RECEIPT
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DATE, A  DESCRIPTION  OF
THE  INFORMATION RECEIVED, AND A STATEMENT AS TO WHETHER ANY APPLICATION
FOR SUCH BENEFITS AND SERVICES IS COMPLETE OR INCOMPLETE, AND IF  INCOM-
PLETE,  SUCH RECEIPT SHALL IDENTIFY  ANY INFORMATION OR DOCUMENTS NEEDED
IN ORDER FOR THE APPLICATION TO BE DEEMED COMPLETE.
  (2) WHERE NO STATUTE, LAW, RULE OR REGULATION PROVIDES A  TIME  PERIOD
WITHIN  WHICH  A  BENEFIT  OR  SERVICE  SHALL BE PROVIDED TO AN ELIGIBLE
PERSON WHO REQUESTS SUCH A BENEFIT OR SERVICE, SUCH BENEFIT  OR  SERVICE
SHALL   BE  PROVIDED  NO  LATER  THAN  TWENTY  BUSINESS  DAYS  FOLLOWING
SUBMISSION OF ALL INFORMATION OR  DOCUMENTATION  REQUIRED  TO  DETERMINE
ELIGIBILITY.
  (D)  WHERE  A  PERSON INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV
ILLNESS OR WITH AIDS WHO APPLIES FOR BENEFITS AND SERVICES, OR ACCESS TO
BENEFITS AND SERVICES, INDICATES THAT ONE OR MORE MINOR CHILDREN  RESIDE
WITH  HIM OR HER OR ARE IN HIS OR HER CARE OR CUSTODY, SUCH PERSON SHALL
BE GIVEN INFORMATION AND PROGRAM REFERRALS ON  CHILD  CARE  OPTIONS  AND
CUSTODY  PLANNING,  INCLUDING  THE  AVAILABILITY OF STANDBY GUARDIANSHIP
PURSUANT TO SECTION SEVENTEEN  HUNDRED  TWENTY-SIX  OF  THE  SURROGATE'S
COURT PROCEDURE ACT AND REFERRAL TO LEGAL ASSISTANCE PROGRAMS.
  (E) RECERTIFICATION OF ELIGIBILITY, AS REQUIRED BY ANY STATE OR FEDER-
AL LAW, STATUTE, RULE OR REGULATION SHALL BE CONDUCTED NO MORE FREQUENT-
LY THAN MANDATED BY SUCH STATUTE, LAW, RULE OR REGULATION.
  (F)  ELIGIBILITY  FOR  BENEFITS AND SERVICES FOR PERSONS INFECTED WITH
HIV, WITH CLINICAL/SYMPTOMATIC HIV ILLNESS  OR  WITH  AIDS  MAY  NOT  BE
TERMINATED EXCEPT WHERE THE RECIPIENT IS DETERMINED TO NO LONGER SATISFY
ELIGIBILITY  REQUIREMENTS,  IS  DECEASED,  OR  UPON CERTIFICATION BY THE
COMMISSIONER THAT THE RECIPIENT CANNOT BE LOCATED TO VERIFY HIS  OR  HER
CONTINUED  ELIGIBILITY  FOR BENEFITS AND SERVICES. IN THE LATTER CIRCUM-
STANCE, THE DIVISION SHALL CONDUCT A REASONABLE GOOD FAITH SEARCH FOR AT
LEAST A NINETY DAY PERIOD TO LOCATE  THE  RECIPIENT,  INCLUDING  SENDING
WRITTEN  NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE LAST
KNOWN ADDRESS OF SUCH RECIPIENT, REQUIRING THE RECIPIENT TO CONTACT  THE
DIVISION WITHIN TEN DAYS.
  (G) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
THE  COMMISSIONER SHALL PREPARE A DRAFT POLICY AND PROCEDURES MANUAL FOR

S. 7943                             4

DIVISION STAFF. SUCH POLICY AND PROCEDURES MANUAL SHALL INCLUDE, BUT NOT
BE LIMITED TO, STRICT GUIDELINES ON MAINTAINING THE  CONFIDENTIALITY  OF
THE  IDENTITY  OF AND INFORMATION RELATING TO ALL APPLICANTS AND RECIPI-
ENTS,  INSTRUCTIONAL MATERIALS RELATING TO THE MEDICAL AND PSYCHOLOGICAL
NEEDS OF  PERSONS  INFECTED  WITH  HIV,  WITH  CLINICAL/SYMPTOMATIC  HIV
ILLNESS  OR  WITH  AIDS,  APPLICATION PROCEDURES, ELIGIBILITY STANDARDS,
MANDATED TIME PERIODS FOR THE PROVISION  OF  EACH  BENEFIT  AND  SERVICE
AVAILABLE  TO APPLICANTS AND RECIPIENTS AND ADVOCACY RESOURCES AVAILABLE
TO PERSONS INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV  ILLNESS  OR
WITH  AIDS. SUCH LISTS OF ADVOCACY RESOURCES SHALL BE UPDATED SEMI-ANNU-
ALLY. WITHIN THIRTY DAYS FOLLOWING THE PREPARATION OF SUCH DRAFT  POLICY
AND PROCEDURES MANUAL AND PRIOR TO THE PREPARATION OF A FINAL POLICY AND
PROCEDURES  MANUAL,  THE COMMISSIONER SHALL DISTRIBUTE SUCH DRAFT POLICY
AND PROCEDURES MANUAL TO ALL SOCIAL SERVICES AGENCIES AND  ORGANIZATIONS
THAT CONTRACT WITH THE OFFICE TO PROVIDE HIV-RELATED SERVICES AND TO ALL
OTHERS  WHOM  THE COMMISSIONER DEEMS APPROPRIATE, AND HOLD NO FEWER THAN
ONE NOTICED PUBLIC HEARING AT A SITE  ACCESSIBLE  TO  THE  DISABLED,  AT
WHICH ADVOCATES, SERVICE PROVIDERS, PERSONS WHO HAVE TESTED POSITIVE FOR
HIV, AND ANY OTHER MEMBER OF THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO
COMMENT  ON  SUCH  DRAFT  POLICY AND PROCEDURES MANUAL. THE COMMISSIONER
SHALL PREPARE A FINAL POLICY AND PROCEDURES MANUAL  WITHIN  THIRTY  DAYS
AFTER  THE  CONCLUSION  OF  SUCH HEARING AND SHALL THEREAFTER REVIEW AND
WHERE APPROPRIATE, REVISE SUCH POLICY AND PROCEDURES MANUAL ON AN ANNUAL
BASIS. THE COMMISSIONER SHALL PROVIDE FOR  SEMI-ANNUAL  TRAINING,  USING
SUCH POLICY AND PROCEDURES MANUAL, FOR ALL DIVISION STAFF.
  (H) NOT LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION,
THE  COMMISSIONER  SHALL  PUBLISH A PROPOSED RULE ESTABLISHING A BILL OF
RIGHTS FOR PERSONS INFECTED  WITH  HIV,  WITH  CLINICAL/SYMPTOMATIC  HIV
ILLNESS  OR WITH AIDS.  SUCH DRAFT BILL OF RIGHTS SHALL INCLUDE, BUT NOT
BE LIMITED TO, AN EXPLANATION OF THE BENEFITS  AND  SERVICES  FOR  WHICH
PERSONS INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH
AIDS MAY BE ELIGIBLE; TIMETABLES WITHIN WHICH SUCH BENEFITS AND SERVICES
SHALL  BE PROVIDED TO ELIGIBLE PERSONS; AN EXPLANATION OF AN APPLICANT'S
AND RECIPIENT'S RIGHT TO EXAMINE HIS OR HER FILE AND THE  PROCEDURE  FOR
DISPUTING ANY INFORMATION CONTAINED THEREIN; AN EXPLANATION OF AN APPLI-
CANT'S AND RECIPIENT'S RIGHT TO A HOME OR HOSPITAL VISIT FOR THE PURPOSE
OF  APPLYING  FOR OR MAINTAINING BENEFITS OR SERVICES; AN EXPLANATION OF
THE PROCESS FOR REQUESTING A DIVISION  CONFERENCE  OR  FAIR  HEARING  IN
ACCORDANCE WITH SECTION TWENTY-TWO OF THIS CHAPTER; AND A SUMMARY OF THE
RIGHTS  AND  REMEDIES  FOR  THE REDRESS OF DISCRIMINATION.  WITHIN SIXTY
DAYS FOLLOWING THE PUBLICATION OF SUCH PROPOSED RULE, AND PRIOR  TO  THE
PUBLICATION  OF  A FINAL RULE, THE COMMISSIONER SHALL HOLD NO FEWER THAN
ONE NOTICED PUBLIC HEARING AT A SITE ACCESSIBLE TO THE DISABLED AT WHICH
ADVOCATES, SERVICE PROVIDERS, PERSONS WHO HAVE TESTED POSITIVE FOR  HIV,
AND  ANY  OTHER  MEMBER  OF  THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO
COMMENT ON SUCH DRAFT BILL OF RIGHTS. THE COMMISSIONER SHALL  PUBLISH  A
FINAL  RULE  WITHIN THIRTY DAYS AFTER THE CONCLUSION OF SUCH HEARING AND
SHALL THEREAFTER REVIEW, AND WHERE  APPROPRIATE,  REVISE  SUCH  BILL  OF
RIGHTS  ON  AN  ANNUAL BASIS. SUCH BILL OF RIGHTS SHALL BE CONSPICUOUSLY
POSTED IN ALL DIVISION OFFICES THAT ARE OPEN TO THE PUBLIC AND SHALL  BE
AVAILABLE  FOR  DISTRIBUTION  TO  THE PUBLIC IN ENGLISH, SPANISH AND ANY
OTHER LANGUAGES THAT THE COMMISSIONER DEEMS APPROPRIATE.
  (I) NOT LATER THAN  NINETY  DAYS  FROM  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  THE  COMMISSIONER  SHALL  ESTABLISH  A POLICY OR PROCEDURE FOR
OVERSEEING AND MONITORING THE DELIVERY OF SERVICES REQUIRED PURSUANT  TO
THIS SECTION TO PERSONS INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV

S. 7943                             5

ILLNESS OR WITH AIDS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, QUALITY
ASSURANCE  MEASUREMENTS.  THE  COMMISSIONER  SHALL SUBMIT SUCH POLICY OR
PROCEDURE TO THE GOVERNOR, SPEAKER OF THE  ASSEMBLY  AND  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE IN WRITING WITHIN TEN DAYS FROM THE DATE SUCH
POLICY OR PROCEDURE IS ESTABLISHED.
  (J) BEGINNING ON SEPTEMBER FIRST, TWO THOUSAND  FIFTEEN,  AND  ON  THE
FIRST  DAY  OF  EACH CALENDAR QUARTER THEREAFTER, THE COMMISSIONER SHALL
SUBMIT A WRITTEN REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, MINOR-
ITY LEADER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE  SENATE,  AND
THE  MINORITY  LEADER OF THE SENATE, PROVIDING THE FOLLOWING INFORMATION
DISAGGREGATED ON BOTH A QUARTERLY AND ANNUALIZED BASIS:  THE  NUMBER  OF
PERSONS INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH
AIDS  WHO REQUESTED THE BENEFITS AND SERVICES SET FORTH IN PARAGRAPH (B)
OF THIS SUBDIVISION AND ANY OTHER BENEFITS PROVIDED BY THE COMMISSIONER,
DISAGGREGATED BY THE FIELD OFFICE AND BY THE TYPE OF BENEFIT OR  SERVICE
REQUESTED,  AND  THE  AVERAGE  LENGTH  OF  TIME REQUIRED TO PROCESS SUCH
REQUESTS, DISAGGREGATED BY THE FIELD OFFICE AND BY THE TYPE  OF  BENEFIT
OR  SERVICE  REQUESTED;  THE  NUMBER  OF PERSONS INFECTED WITH HIV, WITH
CLINICAL/SYMPTOMATIC HIV ILLNESS OR WITH AIDS WHO REQUESTED BENEFITS AND
SERVICES AND WERE DETERMINED TO BE  INELIGIBLE  FOR  SUCH  BENEFITS  AND
SERVICES,  DISAGGREGATED  BY THE FIELD OFFICE, BY THE TYPE OF BENEFIT OR
SERVICE REQUESTED, AND BY THE REASON FOR SUCH DETERMINATIONS; THE NUMBER
OF DEPARTMENT STAFF, BY JOB TITLE, WHOSE DUTIES INCLUDE PROVIDING  BENE-
FITS  AND  SERVICES  OR ACCESS TO BENEFITS AND SERVICES PURSUANT TO THIS
SECTION, THE NUMBER OF RECIPIENTS, THE NUMBER OF CASES AND THE NUMBER OF
REQUESTS FOR ASSISTANCE, DISAGGREGATED BY THE FIELD OFFICE; THE  AVERAGE
LENGTH  OF  TIME  FROM  THE INITIAL REQUEST FOR BENEFITS AND SERVICES TO
SUBMISSION OF A COMPLETE APPLICATION FOR SUCH BENEFITS AND SERVICES, THE
AVERAGE LENGTH OF TIME FROM SUBMISSION OF SUCH COMPLETE  APPLICATION  TO
GRANT  OR DENIAL OF THE BENEFITS AND SERVICES REQUESTED, AND THE AVERAGE
LENGTH OF TIME FROM THE GRANT OF  SUCH  BENEFITS  AND  SERVICES  TO  THE
PROVISION  OF  SUCH  BENEFITS  AND  SERVICES, DISAGGREGATED BY THE FIELD
OFFICE AND BY THE TYPE OF BENEFIT  OR  SERVICE  REQUESTED;  THE  AVERAGE
LENGTH  OF  TIME  FROM THE INITIAL REQUEST FOR AN EXCEPTION TO POLICY TO
APPROVE ENHANCED RENTAL ASSISTANCE TO THE  APPROVAL  OR  DISAPPROVAL  OF
SUCH  EXCEPTION AND THE AVERAGE LENGTH OF TIME FROM THE APPROVAL OF SUCH
EXCEPTION TO THE ISSUANCE OF SUCH ENHANCED RENTAL ASSISTANCE,  DISAGGRE-
GATED  BY THE FIELD OFFICE; THE NUMBER OF REQUESTS FOR EMERGENCY HOUSING
ASSISTANCE, THE NUMBER OF PERSONS REFERRED TO THE  EMERGENCY  ASSISTANCE
UNIT  OF  THE  DEPARTMENT  OF  HOMELESS  SERVICES, THE NUMBER OF PERSONS
REFERRED TO COMMERCIAL SINGLE ROOM  OCCUPANCY  HOTELS  AND  THE  AVERAGE
LENGTH OF STAY, AND THE NUMBER OF PERSONS REFERRED TO PERMANENT HOUSING;
THE  NUMBER  OF  PERSONS  REQUESTING  SUPPORTIVE HOUSING PLACEMENTS, THE
NUMBER OF PERSONS REFERRED TO SUCH SUPPORTIVE HOUSING  AND  THE  AVERAGE
LENGTH  OF  TIME  FROM REQUEST TO PLACEMENT; THE NUMBER OF CASES CLOSED,
DISAGGREGATED BY FIELD OFFICE AND BY THE REASONS FOR SUCH  CLOSURE,  THE
NUMBER  OF  SUCH CLOSED CASES THAT WERE RE-OPENED AND THE AVERAGE LENGTH
OF TIME REQUIRED TO RE-OPEN SUCH CLOSED CASES; THE NUMBER OF ADMINISTRA-
TIVE FAIR HEARINGS REQUESTED, THE NUMBER OF FAIR  HEARING  DECISIONS  IN
FAVOR  OF  APPLICANTS  AND RECIPIENTS AND THE AVERAGE LENGTH OF TIME FOR
COMPLIANCE WITH  SUCH  A  FAIR  HEARING  DECISION;  AND  THE  NUMBER  OF
PROCEEDINGS  INITIATED  PURSUANT  TO  ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES  CHALLENGING  FAIR  HEARING  DECISIONS,  AND  THE
NUMBER  OF  ARTICLE  SEVENTY-EIGHT DECISIONS RENDERED IN FAVOR OF APPLI-
CANTS OR RECIPIENTS.  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  "FIELD
OFFICE"  SHALL  MEAN  ANY  OFFICE  OF  THE  DEPARTMENT  AT WHICH PERSONS

S. 7943                             6

INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV ILLNESS  OR  WITH  AIDS
MAY ACCESS BENEFITS AND SERVICES.
  (K) THERE SHALL BE AN ADVISORY BOARD TO ADVISE THE COMMISSIONER ON THE
PROVISION  OF  BENEFITS AND SERVICES AND ACCESS TO BENEFITS AND SERVICES
TO PERSONS INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC HIV  ILLNESS  OR
WITH AIDS AS REQUIRED BY THIS SECTION. THIS ADVISORY BOARD SHALL CONSIST
OF  ELEVEN  MEMBERS  TO BE APPOINTED FOR TWO YEAR TERMS AS FOLLOWS: FIVE
MEMBERS, AT LEAST THREE OF WHOM  SHALL  BE  ELIGIBLE  FOR  BENEFITS  AND
SERVICES PURSUANT TO THIS SECTION, TWO OF WHOM SHALL BE APPOINTED BY THE
SPEAKER  OF  THE  ASSEMBLY,  AND  ONE  OF WHOM SHALL BE APPOINTED BY THE
MINORITY LEADER OF THE ASSEMBLY AND SIX MEMBERS,  INCLUDING  THE  CHAIR-
PERSON  OF  THE ADVISORY BOARD, AT LEAST THREE OF WHOM SHALL BE ELIGIBLE
FOR BENEFITS AND SERVICES PURSUANT TO THIS SECTION, TWO OF WHOM SHALL BE
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL
BE APPOINTED BY THE MINORITY LEADER OF THE SENATE.  THE  ADVISORY  BOARD
SHALL  MEET  AT  LEAST QUARTERLY AND MEMBERS SHALL SERVE WITHOUT COMPEN-
SATION. SUCH ADVISORY BOARD MAY FORMULATE AND RECOMMEND TO  THE  COMMIS-
SIONER  A POLICY OR PROCEDURE FOR OVERSEEING AND MONITORING THE DELIVERY
OF SERVICES TO PERSONS INFECTED WITH HIV, WITH CLINICAL/SYMPTOMATIC  HIV
ILLNESS  OR  WITH AIDS WHICH MAY INCLUDE QUALITY ASSURANCE MEASUREMENTS.
SUCH ADVISORY BOARD SHALL SUBMIT SUCH RECOMMENDED POLICY OR PROCEDURE TO
THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT  OF  THE  SENATE
UPON SUBMISSION TO THE COMMISSIONER.
  S 2. This act shall take effect immediately.