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
