Bill Text: NY A10355 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to establishing state disaster emergency requirements for homeless shelters including placement of individuals and families in shelters and reporting of infections related to the emergency.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-05-28 - print number 10355a [A10355 Detail]

Download: New_York-2019-A10355-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10355--A

                   IN ASSEMBLY

                                     April 29, 2020
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on  Social  Services  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the social services law,  in  relation  to  establishing
          state disaster emergency requirements for homeless shelters

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

     1    Section 1. Article 2-A of the social services law is amended by adding
     2  a new title 5 to read as follows:
     3                                   TITLE 5
     4         STATE DISASTER EMERGENCY REQUIREMENTS FOR HOMELESS SHELTERS
     5  Section 53. State disaster emergency requirements for homeless shelters.
     6    § 53. State disaster emergency requirements for homeless shelters.  1.
     7  For purposes of this title:
     8    (a)  "state disaster emergency" shall have the same meaning as defined
     9  in paragraph b of subdivision two of section  twenty  of  the  executive
    10  law, provided, however, such disasters shall be limited to those involv-
    11  ing an epidemic or disease outbreak;
    12    (b)  "homeless  shelter" shall include, but not be limited to a family
    13  shelter, a shelter for adults, a domestic violence  shelter,  a  runaway
    14  and  homeless youth shelter, a safe house for refugees, any hotel, motel
    15  or apartment that is currently housing groups of individuals who are not
    16  family members or that have requested to be housed together,  any  other
    17  supervised  publicly  or  privately operated shelter designed to provide
    18  temporary living arrangements or any other location where homeless indi-
    19  viduals and families may be residing;
    20    (c) "homeless" shall mean the lack of a fixed, regular,  and  adequate
    21  nighttime  residence;  having  a  primary  nighttime residence that is a
    22  public or private place not designed for or ordinarily used as a regular
    23  sleeping accommodation for human beings, including a  car,  park,  aban-
    24  doned  building,  bus  or  train station, airport or campground or other
    25  places not meant for human habitation;
    26    (d) "direct placement" shall mean the process by which a private  room
    27  with a private bathroom is arranged for and assigned to a homeless indi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16239-04-0
        A. 10355--A                         2

     1  vidual or family that does not require travel to any intermediary facil-
     2  ity  between  the location of a homeless shelter or location of outreach
     3  engagement and the facility in which such private room  with  a  private
     4  bathroom is located.
     5    2. In the event that a state disaster emergency has been declared, all
     6  social  services  districts  operating,  reimbursing, or contracting for
     7  homeless shelters, and all other  entities  operating,  reimbursing,  or
     8  contracting  for  homeless shelters shall offer individuals and families
     9  private rooms with private bathrooms to each family in order to  prevent
    10  the  spread  of  the  disease  or outbreak shall implement the following
    11  procedures and protocols for the duration of such state  disaster  emer-
    12  gency:
    13    (a)  (i)  Immediately  offer  to  each  homeless person or household a
    14  private room with a private bathroom through  direct  placement  in  and
    15  safe  transportation  to  a  hotel,  motel,  public dormitory, or living
    16  facility for the duration of the state disaster emergency  in  order  to
    17  prevent the spread of such disease or outbreak.
    18    (ii)  Prior to the beginning of every shift, every employee and volun-
    19  teer shall be screened for any signs or symptoms  of  the  disease  that
    20  caused  the  state  disaster emergency to be declared. If an employee or
    21  volunteer is showing signs or symptoms of the disease, they shall  imme-
    22  diately be sent home.
    23    (iii)  Provide adequate supervision, security, personnel, meals, main-
    24  tenance and services in each such facility for the duration of its use.
    25    (b) Comply with all policies, orders and guidance by the department of
    26  health related to limiting the spread of the disease, including but  not
    27  limited  to,  the  provision of private rooms and bathrooms, testing and
    28  symptom monitoring, cleaning, maintenance and disinfection,  appropriate
    29  remote  consultation  with  a  designated health official, isolation and
    30  transportation for homeless individuals, employees  and  volunteers  who
    31  may  have been exposed, are awaiting test results and/or who have demon-
    32  strated signs or symptoms of the disease, social  distancing  protocols,
    33  and  the  supply, use, disposal and disinfections of personal protective
    34  equipment.
    35    3. In the event that a state disaster emergency has been declared, the
    36  office of temporary and  disability  assistance  shall  be  required  to
    37  establish  an outreach network to make contact with unsheltered homeless
    38  individuals and families. Upon contact, the office shall be required  to
    39  offer  a  direct  placement  and  safe transportation to a hotel, motel,
    40  public dormitory room or living facility for the duration of  the  state
    41  disaster emergency to all homeless individuals and families.
    42    4.  In  the event of a state disaster emergency, all homeless shelters
    43  shall report the number of residents or staff with  confirmed  infection
    44  of  the  diseases  on  a daily basis to the department of health and the
    45  local health department in the county in which the homeless  shelter  is
    46  located. The department of health shall aggregate and publish de-identi-
    47  fied  data,  submitted by homeless shelters under this title on a weekly
    48  basis, in a manner that is consistent with the federal Health  Insurance
    49  Portability  and  Accountability  Act,  as  amended, and any regulations
    50  promulgated thereunder.
    51    5. Notwithstanding any other provision of law  to  the  contrary,  one
    52  hundred  percent of the costs associated with the implementation of this
    53  title shall be reimbursed by the state, minus any federal funds that can
    54  properly be applied to such expenditures.
    55    § 2. This act shall take effect immediately.