NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2418
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 l3i-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::
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
STATE OF NEW YORK
________________________________________________________________________
2418
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. BRONSON, MEEKS, L. ROSENTHAL, CLARK -- 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 monthly earned and/or unearned income toward the
13 cost of rent that such person has a direct obligation to pay; this
14 provision shall not apply to the amount of payment obligations for room
15 and board arrangements attributable to the provision of goods and
16 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,
23 or nutrition payments which the district determines are necessary to
24 establish or maintain independent living arrangements among persons
25 living with medically diagnosed HIV infection who are homeless or facing
26 homelessness and for whom no viable and less costly alternative to hous-
27 ing is available, including HIV emergency shelter allowance payments in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02116-01-3
A. 2418 2
1 excess of those promulgated by the office of temporary and disability
2 assistance but not exceeding an amount reasonably approximate to one
3 hundred ten percent of fair market rent as determined by the federal
4 department of housing and urban development.
5 § 3. Section 131 of the social services law is amended by adding two
6 new subdivisions 21 and 22 to read as follows:
7 21. When necessary, each local social services district shall assist
8 persons with medically diagnosed HIV infection by (i) helping to secure
9 the required documentation to determine eligibility for assistance, (ii)
10 arranging for required face-to-face interviews to be conducted during
11 home visits or at other appropriate sites, and (iii) providing referrals
12 for services as well as other resources and materials as described in
13 subdivision twenty-two of this section.
14 22. The office, in consultation with the department of health, shall
15 create, maintain, and periodically update information on the office's
16 website regarding resources and services throughout the state, including
17 the location of such services, which shall include but not be limited
18 to, community based supports, employment opportunities, and medical
19 professionals specialized in assisting such persons with medically diag-
20 nosed HIV infection to be utilized by the local social services
21 districts. Such information shall also be made available on the office's
22 website.
23 § 4. Paragraphs f and (g) of subdivision 1 of section 153 of the
24 social services law, paragraph f as amended by chapter 81 of the laws of
25 1995 and paragraph (g) as amended by chapter 471 of the laws of 1980,
26 are amended and a new paragraph h is added to read as follows:
27 f. the full amount expended by any district, city, town or Indian
28 tribe for the costs, including the costs of administration of public
29 assistance and care to eligible needy Indians and members of their fami-
30 lies residing on any Indian reservation in this state, after first
31 deducting therefrom any federal funds properly received or to be
32 received on account thereof[.];
33 [(g)] g. fifty per centum of the amount expended for substance abuse
34 services pursuant to this chapter, after first deducting therefrom any
35 federal funds properly received or to be received on account thereof. In
36 the event funds appropriated for such services are insufficient to
37 provide full reimbursement of the total of the amounts claimed by all
38 social services districts pursuant to this section then reimbursement
39 shall be in such proportion as each claim bears to such total[.]; and
40 h. notwithstanding any inconsistent provision of law, one hundred per
41 centum of safety net or family assistance expenditures, in social
42 services districts with a population of five million or fewer, for HIV
43 emergency shelter allowance payments in excess of those promulgated by
44 the office of temporary and disability assistance but not exceeding an
45 amount reasonably approximate to one hundred ten percent of fair market
46 rent as determined by the federal department of housing and urban devel-
47 opment, and for transportation or nutrition payments, which the district
48 determines are necessary to establish or maintain independent living
49 arrangements among persons living with medically diagnosed HIV infection
50 and who are homeless or facing homelessness and for whom no viable and
51 less costly alternative to housing is available, after first deducting
52 therefrom any federal funds properly received or to be received on
53 account thereof.
54 § 5. This act shall take effect on the ninetieth day after it shall
55 have become a law.
