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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10355

                   IN ASSEMBLY

                                     April 29, 2020
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Social Services

        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 that are
    16  not family members or that have requested to  be  housed  together,  any
    17  other  supervised  publicly  or  privately  operated shelter designed to
    18  provide temporary living arrangements or any other location where  home-
    19  less individuals 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    2. In the event that a state disaster emergency has been declared, all
    27  homeless  shelters  that  cannot offer individuals and families adequate
    28  spacing for all necessary daily activities which is deemed necessary  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16239-01-0
        A. 10355                            2

     1  prevent  the  spread  of  the  disease  or  outbreak shall implement the
     2  following procedures and protocols for the duration of such state disas-
     3  ter emergency:
     4    (a)  (i)  Prior  to  admitting any individual into a homeless shelter,
     5  every individual shall be tested, utilizing tests which directly  detect
     6  the  presence of antigens for the disease that caused the state disaster
     7  emergency to be declared. If an individual tests  positive,  they  shall
     8  not  be permitted to enter the homeless shelter and shall be immediately
     9  referred to a health care facility for further diagnosis and  treatment.
    10  In the event such individual is a member of a family, and no other indi-
    11  viduals  in  the  family  test  positive, the family may be permitted to
    12  enter the homeless shelter.
    13    (ii) Prior to the beginning of every shift, every  employee  shall  be
    14  screened  for any signs or symptoms of the disease that caused the state
    15  disaster emergency to be declared. If an employee is  showing  signs  or
    16  symptoms of the disease, they shall immediately be sent home.
    17    (iii)  If  any  individual,  whether an employee or resident, exhibits
    18  signs or symptoms of the disease, such individual shall  immediately  be
    19  isolated  in  accordance  with guidance established by the department of
    20  health and ensure additional diagnostic and treatment procedures  estab-
    21  lished by the department of health are followed.
    22    (b)  For  any homeless shelter that cannot ensure adequate spacing and
    23  sterilization for all residents and staff to prevent the spread  of  the
    24  disease,  the local social services district or other appropriate entity
    25  responsible for the initial placement  where  the  homeless  shelter  is
    26  located  shall  be  required  to  relocate  all individuals and families
    27  currently residing in such homeless shelter or newly entering the  home-
    28  less  shelter to a hotel, motel, or any other unused apartment or living
    29  facility that is available to the state during the state disaster  emer-
    30  gency.  Priority shall be given to all individuals over the age of fifty
    31  or that have underlying health conditions that may put them at a  higher
    32  risk  for contracting the disease. Provided however, prior to such relo-
    33  cation, the homeless shelter shall obtain consent from the individual or
    34  adult head of household of the  family.  Provided  further,  individuals
    35  and/or families shall not be placed in a location where they are grouped
    36  with  other  individuals  unless  such individuals are family members or
    37  have requested such placement.
    38    (c) For any individual or family  currently  residing  in  a  homeless
    39  shelter, that has tested positive for the disease or has a family member
    40  who has tested positive for the disease, shall be offered adequate spac-
    41  ing to allow for the isolation of the individual or family member.
    42    (d)  Comply  with  all  policies and guidance set by the department of
    43  health related to limiting the spread of the disease, including but  not
    44  limited  to, appropriate isolation for individuals awaiting test results
    45  and/or who have demonstrated signs or symptoms of  the  disease,  social
    46  distancing and the use of personal protective equipment.
    47    3. In the event that a state disaster emergency has been declared, the
    48  office  of  temporary  and  disability  assistance  shall be required to
    49  establish an outreach network to make contact with homeless  individuals
    50  and  families.  Upon  contact, the office shall be required to offer, to
    51  the extent such locations are available, direct placement  in  a  hotel,
    52  motel  or any other unused apartment or living facility for the duration
    53  of the state disaster emergency to all homeless  individuals  and  fami-
    54  lies. Prior to such placement, the office shall be responsible for test-
    55  ing  all  individuals  they  make  contact  with,  utilizing tests which
    56  directly detect the presence of antigens for the disease that caused the
        A. 10355                            3

     1  state disaster emergency to be declared. If an  individual  tests  posi-
     2  tive,  they  shall immediately be referred to a health care facility for
     3  further diagnosis and treatment. In  the  event  such  individual  is  a
     4  member  of  a  family, and no other individuals in the family test posi-
     5  tive, the family may be placed  in  accordance  with  this  subdivision.
     6  Provided  however,  prior  to  such  placement,  the office shall obtain
     7  consent from the individual or adult head of household  of  the  family.
     8  Provided  further,  individuals and/or families shall not be placed in a
     9  location where they are grouped with other individuals unless such indi-
    10  viduals are family members or have requested such placement.
    11    4. In the event of a state disaster emergency, all  homeless  shelters
    12  shall  report  the number of residents or staff with confirmed infection
    13  of the diseases on a daily basis to the department  of  health  and  the
    14  local  health  department in the county in which the homeless shelter is
    15  located. The department of health shall aggregate and publish de-identi-
    16  fied data, submitted by homeless shelters under this title on  a  weekly
    17  basis,  in a manner that is consistent with the federal Health Insurance
    18  Portability and Accountability Act,  as  amended,  and  any  regulations
    19  promulgated thereunder.
    20    5.  Notwithstanding  any  other  provision of law to the contrary, one
    21  hundred percent of the costs associated with the implementation of  this
    22  title shall be reimbursed by the state, minus any federal funds that can
    23  properly be applied to such expenditures.
    24    § 2. This act shall take effect immediately.