STATE OF NEW YORK
        ________________________________________________________________________

                                          5119

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Mental Health

        AN ACT in relation to establishing a task force to study aging in  place
          in  mental  health  housing;  and  providing  for  the  repeal of such
          provisions upon expiration thereof

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

     1    Section  1.  1. A task force shall be established within the office of
     2  mental health to be known as the mental health housing  evaluation  task
     3  force  for  aging in place (hereinafter referred to as the "task force")
     4  to make recommendations including, but not limited to, the following:
     5    (a) solutions for removing barriers to ensure residents of  community-
     6  based mental health housing programs can successfully age in place while
     7  receiving adequate care;
     8    (b)  identifying  policy, procedure, or regulatory changes that aim to
     9  remove barriers to residents of community-based  mental  health  housing
    10  programs  to  receive both mental health and medical care, including the
    11  ability to hire health care professionals, including but not limited  to
    12  nurses and/or health home aides;
    13    (c)  an  action plan for making residences Americans with Disabilities
    14  Act compliant;
    15    (d) necessary training for residential staff to understand  the  needs
    16  of the elderly for which they are providing care; and
    17    (e)  types  of  assistance  to consider when transporting residents to
    18  medical appointments and ensuring the proper follow-up occurs.
    19    2. The task force shall consist of  nine  members  as  follows:  three
    20  members  shall  be  appointed  by  the  governor;  two  members shall be
    21  appointed by the speaker of the assembly; two members shall be appointed
    22  by the temporary president of the senate; one member shall be  appointed
    23  by  the minority leader of the senate; and one member shall be appointed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09811-01-3

        A. 5119                             2

     1  by the minority leader of the assembly. The task force members shall  be
     2  appointed within 60 days after this act shall have become a law.
     3    Members  so appointed shall consist of at least: one representative of
     4  a statewide organization or  advocacy  group  for  residents  of  mental
     5  health  housing  programs;  at  least  one health care professional with
     6  expertise in the needs of the elderly/aging residents  of  a  congregate
     7  care setting with significant medical issues; at least one mental health
     8  professional  with expertise in the needs of elderly mental health hous-
     9  ing residents with a severe and persistent mental illness; and at  least
    10  one  member  shall  be  a director of a mental health housing program. A
    11  chairperson shall be nominated by a majority vote from among the members
    12  of the task force.
    13    3. No member, officer or employee of the task force shall be disquali-
    14  fied from holding any other public office or employment, nor shall he or
    15  she forfeit any such office or  employment  by  reason  of  his  or  her
    16  appointment  hereunder,  notwithstanding  the provisions of any general,
    17  special, or local law, ordinance or city charter.
    18    4. The members of the task force shall  receive  no  compensation  for
    19  their  services but shall be allowed their actual and necessary expenses
    20  incurred in the performance of their duties hereunder.  The  task  force
    21  shall  meet  at  least  three times, or more if deemed necessary, at the
    22  call of the chairperson to fulfill its duties.
    23    5. The task force shall make a report of its findings,  including  any
    24  recommendations  required pursuant to subdivision one of this section as
    25  well as any legislative or budgetary initiatives as it may  deem  neces-
    26  sary  and appropriate. Such report shall be provided to the governor and
    27  the legislature no later than twelve months after this  act  shall  have
    28  become a law.
    29    §  2.  This  act shall take effect immediately and shall expire and be
    30  deemed repealed thirty days after the report required pursuant to subdi-
    31  vision five of section one of this act has been presented to the  legis-
    32  lature;  provided, further, that the commissioner of mental health shall
    33  notify the legislative bill drafting commission upon the  submission  of
    34  the  report  required  by subdivision five of section one of this act to
    35  the legislature, in order that the commission may maintain  an  accurate
    36  and  timely  effective data base of the official text of the laws of the
    37  state of New York in  furtherance  of  effectuating  the  provisions  of
    38  section  44  of the legislative law and section 70-b of the public offi-
    39  cers law.