Establishes the housing opportunities for people to empower excellence and equity (HOPE) trust fund

Section 2 amends the mental hygiene law by adding a new section 41.56.

(a) The HOPE trust fund is established for the purpose of providing access to rental housing for persons with developmental disabilities as well as facilitating new construction and renovation. The fund would be administered by the Office of People with Developmental Disabilities in consultation with the Department of Health. OPWDD and DOH would provide a mechanism to identify and prioritize need by region and would work with other agencies and interested persons in planning for satisfaction of identified needs.

(b) Funding for the trust fund would be used for housing and other non-Medicaid funded supports to insure identified priorities can be met, in consultation with the Commissioner of Health. The Commissioner of OPWDD would allocate the funds by region each year.

(c) An annual plan for the use of the HOPE Trust Fund would be developed and approved by the HOPE Trust Fund Board, which would be composed of the Commissioner of OPWDD (chair), and twelve members of the public appointed by the Governor. There would be two recommendations from the Speaker of the Assembly, two from the Temporary President of the Senate, one from the Minority Leader of the Assembly, and one from the Minority Leader of the Senate. The Commissioners of Health and Housing and Community Renewal, the Director of the Division of the Budget and the Chief Executive Officers of the Dormitory Authority and Mortgage Agency would serve as ex officio members of the board. Membership of the board would include self-advocates, parents, guardians, and family members of persons with developmental disabilities and others with expertise in the provision of residential services.

(d) In developing a plan for the disbursement of funds from the HOPE Trust Fund, the board would:

(i) Determine eligibility requirements for individuals with developmental disabilities.

(ii) Establish audit protocols for non-profit organizations licensed.

(iii) Prepare an annual progress report on the status of persons waiting for services, the number of those serviced through the fund, the settings such persons are served in and the extent of federal financial participation.

(e) In order to receive HOPE Fund monies, an authorized provider of waiver services must contract with OPWDD and agree to terms and conditions, which would include:

(i) A description of how operating expenses of the project shall be met.

(ii) A description of the services and supports which would be available to persons served.

(iii) A description of how the project will provide services to eligible individuals.

(iv) Type of facility proposed.

(v) Other terms and conditions that may be required by such office.

(f) The board may authorize expenditures from the fund for expenses deemed appropriate to develop person centered residential services:

(i) Technical assistance for general project development.

(ii) Necessary legal, architectural, financial, and other consulting services.

(iii) Cost of renovation, construction, and rehabilitation for residential projects authorized.

(iv) Funding for rental assistance and housing subsidies.

(g) OPWDD is directed to authorize and fund any necessary home and community based Medicaid waiver services for individuals placed into projects completed.

Section 3 amends the state finance law by adding a new section 99-y.

(1) The HOPE Trust Fund is established in joint custody of the State Comptroller and Commissioner of Taxation and Finance. (2)The fund will consist of all monies appropriated for its purpose, all monies required by this section to be paid into or credited to the fund, and no less than five hundred million dollars collected by the state in settlements from banking institutions or other financial services organizations. Grants, gifts, or bequests can be accepted to the fund. (3)Monies of the fund, when allocated, will be available for administrative costs of the HOPE Trust Fund Board and for funding the costs of providing housing and residential supports to persons with developmental disabilities.

(4) Monies will be payable from the fund on the audit and warrant of the State Comptroller on vouchers approved and certified by the Commissioner of OPWDD.

Section 4, immediate effective date.

Justification

Adults with intellectual or developmental disabilities have lived at home with family their entire lives, which has resulted in substantial savings for New York State. As these family caregivers age, however, they no longer can provide care due to their own age related disabilities. It is incumbent upon the state of New York that a source of funding is provided in order to allow these families access to appropriate residential opportunities.

Prior legislative history

New bill.

Fiscal implications for state and local governments

To be determined.

Effective date

Immediately.