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S6509Senate2019-2020 SessionSame asA8022

Protect Rights of Mentally Ill

Official title

“Relates to persons with a serious mental illness residing in an adult home”

Sponsor Robert JacksonSD-31Affects Health
Status
In Senate Committee
Health
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill allows certain not-for-profit adult homes to house any number of individuals with serious mental illness if specific care standards are met.

Why it matters

  1. Expands housing options for individuals with serious mental illness. by removing limits on how many such residents can live in qualifying not-for-profit adult homes, potentially reducing barriers for those seeking stable housing.

  2. Sets higher standards of care. for adult homes that wish to house any number of residents with serious mental illness, including requirements for periodic assessments, individualized care, fostering independent living skills, ensuring access to mental health services, and promoting community integration.

  3. Connects housing to broader support systems. by requiring these adult homes to be part of organizations that offer a range of housing and residential services, which could help residents transition to more independent living when appropriate.

  4. Defines “serious mental illness” specifically. according to established clinical criteria, ensuring that the law targets individuals with significant and long-term mental health needs, and not a broader or vaguer population.

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Who cares

Headline styles

Protect Rights of Mentally Ill

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robert Jackson

Senator · Senate District 31

Chair, Cities

No co-sponsors yet.

History

  1. Committee discharged and committed to health
  2. Referred to social services
  3. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8022Assembly

Expand Mental Health Housing Options

In Assembly Committee · Health · Sponsor Linda Rosenthal

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6509

2019-2020 Regular Sessions

IN SENATE

June 14, 2019

Introduced by Sen. JACKSON -- 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 persons with serious mental illness residing in adult homes

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The social services law is amended by adding a new section 461-u to read as follows:

§ 461-u. Persons with serious mental illness residing in an adult home. 1. Notwithstanding any provision of law or regulation to the contrary, the commissioner shall not limit the census of persons with serious mental illness residing in an adult home as defined in section two of this chapter, provided that the adult home meets the following requirements:

(a) it is organized as a not-for-profit corporation;

(b) it is operated by an organization that also operates a continuum of housing and residential services, including supportive housing and independent housing;

(c) it assesses each adult home resident on a periodic basis to ensure that the resident is living in the most integrated setting appropriate to the resident's needs; and

(d) it actively addresses the needs of the adult home residents with serious mental illness by:

i. fostering the development of independent living skills;

ii. ensuring access to and quality of mental health services;

iii. encouraging community involvement and integration; and

iv. fostering a homelike atmosphere.

2. For purposes of this section "persons with serious mental illness" means individuals who meet criteria established by the commissioner of mental health, which shall be persons who have a designated diagnosis of mental illness under the Diagnostic and Statistical Manual of Mental

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13074-01-9

S. 6509 2

Disorders (DSM-IV-TR, American Psychiatric Association, July 2000), and whose severity and duration of mental illness results in substantial functional disability.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the social services law, in relation to persons with serious mental illness residing in adult homes

PURPOSE::

This legislation would allow individuals with serious mental illness to continue to access housing and services from adult homes operated by not-for-profit organizations that offer an array of services and supports, notwithstanding a cap on the census of such individuals that was imposed by the settlement of a lawsuit.

SUMMARY OF PROVISIONS::

Section one amends the social services law by adding a new section 461-u.

Section two sets forth the effective date.

JUSTIFICATION::

The settlement of O'Toole v. Cuomo requires the Department of Health to impose limits on the percentage of people with serious mental illness that large adult homes may serve. This settlement was in response to claims that large adult home segregate individuals with mental illness from the broader community. The settlement is intended to prevent large adult home operators from admitting and retaining residents with serious mental illness who do not need the services of an adult home and to promote integration of these residents into the community by transition- ing them to supportive housing or independent housing.

However, certain not-for-profit adult homes were established with a mission to serve individuals with serious mental illness who require housing and assistance with activities of daily living. These facilities are uniquely qualified to meet the needs of residents living with a mental illness and would not benefit from a limit placed on the number of these residents.

An imposition of census limits would restrict access to a necessary level of care for a vulnerable population, and it would also threaten the viability of not-for-profit adult homes serving this population. These homes have received government funding and philanthropic support based on their level of commitment to serving a particularly vulnerable population of individuals with serious mental illness. If the census limit were to be imposed on these organizations, they would lose their funding and may be forced to close their doors, reducing access to hous- ing and services for people with serious mental illness and activities of daily living deficits and would force most of the residents to seek admission into a nursing home.

LEGISLATIVE HISTORY::

New bill.

FISCAL IMPLICATIONS::

None to the State.

EFFECTIVE DATE::

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.