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A03355 Summary:

BILL NOA03355
 
SAME ASSAME AS S00442
 
SPONSORBronson
 
COSPNSRMeeks, Rosenthal, Clark, Ramos, Reyes, Gonzalez-Rojas, Forrest, Lunsford, Simon, Stirpe, Simone, Steck, Bores, Tapia, Cruz, Seawright, Bichotte Hermelyn, Shrestha, Raga
 
MLTSPNSR
 
Amd §§131-a, 131 & 153, rpld §131-a sub 15, Soc Serv L
 
Relates to assisting persons with medically diagnosed HIV infection.
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A03355 Actions:

BILL NOA03355
 
01/27/2025referred to social services
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A03355 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3355
 
SPONSOR: Bronson
  TITLE OF BILL: An act to amend the social services law, in relation to assisting persons with medically diagnosed HIV infection; and repealing certain provisions of such law relating thereto   PURPOSE: To establish access to benefits and services, including housing, trans- portation and nutrition assistance, to every eligible person infected with HIV, in each local department of social services statewide.   SUMMARY OF PROVISIONS: Section One adds a new section 138 to the Social Services law directing the Office of Temporary and Disability Assistance (OTDA) to direct local Departments of Social Services (LDSS) to establish and maintain access to benefits and services to every person in New York State infected with HIV, who requests assistance, and shall ensure the provision of benefits and services to eligible persons. The Commissioner shall direct OTDA or LDSS to provide access to benefits and services to every eligible person infected with HIV who requests- assistance, and shall ensure the provision of benefits to eligible persons. Such benefits shall include, but not be limited to, medically appropriate transitional and permanent housing, Medicaid 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; food stamps; preventative services, including rent subsidies; financial benefits; and intensive care management. The Commissioner shall have the authority to provide access to additional benefits and services and ensure the provision of such additional benefits and services whenever deemed appropriate. The requirements with respect to such access and eligibility of benefits shall not be more than those requirements mandated by state or federal statute, law, rule or regulation. The bill provides that 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 with HIV or AIDS. This bill amends section 13i-a of the social services law to provide that each person infected with HIV and otherwise eligible for benefits and services herein not pay more than 30% of his or her monthly earned income toward the cost of rent that such person has a direct obligation to pay. Additionally, this bill provides that New York State provide reimburse- ment of 50% to local departments of social services with a population over five million and 100% reimbursement for local departments of social services with a population under five million.   JUSTIFICATION: The ability to meet basic subsistence needs - safe, affordable housing, food, transportation - is essential for any person with HIV to access and benefit from antiretroviral treatment. New York State's Blueprint for Ending the AIDS Epidemic (ETE) by 2020 recognizes that action to ensure greater housing stability is key to engaging and retaining many low-income persons with HIV in the care needed to stay healthy and prevent further transmission. We simply cannot end the NYS AIDS epidemic while 10,000 or more individ- uals and families with HIV across the state remain homeless or unstably housed. Research findings strongly link unstable housing to poor health outcomes, detectable viral load, HIV risk behaviors, and increased rates of HIV infection. It can be conservatively estimated that leaving 10,000 New Yorkers with HIV without stable housing will result in at least 1,000 avoidable new HIV infections between now and 2020, undermining the ability to achieve our ETE goals. Furthermore, there are estimated 4,000 homeless or unstably housed people with HIV in the balance of the State outside New York City. Localities outside NYC are not able to generate the revenue needed to support the provision of the services referenced in this bill and thus it is essential that the State provide the funding necessary for imple- mentation.   LEGISLATIVE HISTORY: A2418 2023-23: referred to Social Services A10528 (2022) referred to Social Services A4265 (2019) referred to Social Services A.315 (2017-2018) A.10625 (2015-16)   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately
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A03355 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3355
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2025
                                       ___________
 
        Introduced  by  M. of A. BRONSON, MEEKS, ROSENTHAL, CLARK, RAMOS, REYES,
          GONZALEZ-ROJAS,  FORREST,  LUNSFORD,  SIMON,  STIRPE,  SIMONE,  STECK,
          BORES,  TAPIA,  CRUZ,  SEAWRIGHT, BICHOTTE HERMELYN, SHRESTHA, RAGA --
          read once and referred to the Committee on Social Services
 
        AN ACT to amend the  social  services  law,  in  relation  to  assisting
          persons  with medically diagnosed HIV infection; and repealing certain
          provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 14 of section 131-a of the social services law,
     2  as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
     3  amended to read as follows:
     4    14.  In  determining the [need for] amount of aid provided pursuant to
     5  public assistance programs, each person living with medically  diagnosed
     6  HIV  infection  [as  defined  by the AIDS institute of the department of
     7  health in social services districts with a population over five million]
     8  who applies for or is receiving [services through such district's admin-
     9  istrative unit providing HIV/AIDS services,] public assistance  and  has
    10  earned  and/or unearned income, up to two hundred percent of the federal
    11  poverty guidelines, shall not  be  required  to  pay  more  than  thirty
    12  percent  of  [his  or  her] such person's monthly earned and/or unearned
    13  income toward the cost of rent that such person has a direct  obligation
    14  to  pay;  this  provision shall not apply to the amount of payment obli-
    15  gations for room and board arrangements attributable to the provision of
    16  goods and services other than living space.
    17    § 2. Subdivision 15 of section 131-a of the  social  services  law  is
    18  REPEALED and a new subdivision 15 is added to read as follows:
    19    15. Notwithstanding the provisions of this chapter or of any other law
    20  or regulation to the contrary, in determining the amount of aid provided
    21  pursuant  to public assistance programs, social service districts shall,
    22  upon application, provide access to emergency  shelter,  transportation,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00388-01-5

        A. 3355                             2
 
     1  or  nutrition  payments  which  the district determines are necessary to
     2  establish or maintain  independent  living  arrangements  among  persons
     3  living with medically diagnosed HIV infection who are homeless or facing
     4  homelessness and for whom no viable and less costly alternative to hous-
     5  ing  is available, including HIV emergency shelter allowance payments in
     6  excess of those promulgated by the office of  temporary  and  disability
     7  assistance  but  not  exceeding  an amount reasonably approximate to one
     8  hundred ten percent of fair market rent as  determined  by  the  federal
     9  department of housing and urban development.
    10    §  3.  Section 131 of the social services law is amended by adding two
    11  new subdivisions 21 and 22 to read as follows:
    12    21. When necessary, each local social services district  shall  assist
    13  persons  with medically diagnosed HIV infection by (i) helping to secure
    14  the required documentation to determine eligibility for assistance, (ii)
    15  arranging for required face-to-face interviews to  be  conducted  during
    16  home visits or at other appropriate sites, and (iii) providing referrals
    17  for  services  as  well as other resources and materials as described in
    18  subdivision twenty-two of this section.
    19    22. The office, in consultation with the department of  health,  shall
    20  create,  maintain,  and  periodically update information on the office's
    21  website regarding resources and services throughout the state, including
    22  the location of such services, which shall include but  not  be  limited
    23  to,  community  based  supports,  employment  opportunities, and medical
    24  professionals specialized in assisting such persons with medically diag-
    25  nosed HIV  infection  to  be  utilized  by  the  local  social  services
    26  districts. Such information shall also be made available on the office's
    27  website.
    28    §  4.  Paragraphs  f  and  (g)  of subdivision 1 of section 153 of the
    29  social services law, paragraph f as amended by chapter 81 of the laws of
    30  1995 and paragraph (g) as amended by chapter 471 of the  laws  of  1980,
    31  are amended and a new paragraph h is added to read as follows:
    32    f.  the  full  amount  expended  by any district, city, town or Indian
    33  tribe for the costs, including the costs  of  administration  of  public
    34  assistance and care to eligible needy Indians and members of their fami-
    35  lies  residing  on  any  Indian  reservation  in this state, after first
    36  deducting therefrom  any  federal  funds  properly  received  or  to  be
    37  received on account thereof[.];
    38    [(g)]  g.  fifty per centum of the amount expended for substance abuse
    39  services pursuant to this chapter, after first deducting  therefrom  any
    40  federal funds properly received or to be received on account thereof. In
    41  the  event  funds  appropriated  for  such  services are insufficient to
    42  provide full reimbursement of the total of the amounts  claimed  by  all
    43  social  services  districts  pursuant to this section then reimbursement
    44  shall be in such proportion as each claim bears to such total[.]; and
    45    h. notwithstanding any inconsistent provision of law, one hundred  per
    46  centum  of  safety  net  or  family  assistance  expenditures, in social
    47  services districts with a population of five million or fewer,  for  HIV
    48  emergency  shelter  allowance payments in excess of those promulgated by
    49  the office of temporary and disability assistance but not  exceeding  an
    50  amount  reasonably approximate to one hundred ten percent of fair market
    51  rent as determined by the federal department of housing and urban devel-
    52  opment, and for transportation or nutrition payments, which the district
    53  determines are necessary to establish  or  maintain  independent  living
    54  arrangements among persons living with medically diagnosed HIV infection
    55  and  who  are homeless or facing homelessness and for whom no viable and
    56  less costly alternative to housing is available, after  first  deducting

        A. 3355                             3
 
     1  therefrom  any  federal  funds  properly  received  or to be received on
     2  account thereof.
     3    §  5.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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