Bill Text: NY S00442 | 2025-2026 | General Assembly | Introduced


Bill Title: Relates to assisting persons with medically diagnosed HIV infection.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2025-01-22 - REPORTED AND COMMITTED TO FINANCE [S00442 Detail]

Download: New_York-2025-S00442-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           442

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Social Services

        AN ACT to amend the  social  services  law,  in  relation  to  assisting
          persons  with medically diagnosed HIV infection; and repealing certain
          provisions of such law relating thereto

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

     1    Section 1. Subdivision 14 of section 131-a of the social services law,
     2  as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
     3  amended to read as follows:
     4    14.  In  determining the [need for] amount of aid provided pursuant to
     5  public assistance programs, each person living with medically  diagnosed
     6  HIV  infection  [as  defined  by the AIDS institute of the department of
     7  health in social services districts with a population over five million]
     8  who applies for or is receiving [services through such district's admin-
     9  istrative unit providing HIV/AIDS services,] public assistance  and  has
    10  earned  and/or unearned income, up to two hundred percent of the federal
    11  poverty guidelines, shall not  be  required  to  pay  more  than  thirty
    12  percent  of  [his  or  her] such person's monthly earned and/or unearned
    13  income toward the cost of rent that such person has a direct  obligation
    14  to  pay;  this  provision shall not apply to the amount of payment obli-
    15  gations for room and board arrangements attributable to the provision of
    16  goods and services other than living space.
    17    § 2. Subdivision 15 of section 131-a of the  social  services  law  is
    18  REPEALED and a new subdivision 15 is added to read as follows:
    19    15. Notwithstanding the provisions of this chapter or of any other law
    20  or regulation to the contrary, in determining the amount of aid provided
    21  pursuant  to public assistance programs, social service districts shall,
    22  upon application, provide access to emergency  shelter,  transportation,
    23  or  nutrition  payments  which  the district determines are necessary to
    24  establish or maintain  independent  living  arrangements  among  persons
    25  living with medically diagnosed HIV infection who are homeless or facing
    26  homelessness and for whom no viable and less costly alternative to hous-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00388-01-5

        S. 442                              2

     1  ing  is available, including HIV emergency shelter allowance payments in
     2  excess of those promulgated by the office of  temporary  and  disability
     3  assistance  but  not  exceeding  an amount reasonably approximate to one
     4  hundred  ten  percent  of  fair market rent as determined by the federal
     5  department of housing and urban development.
     6    § 3. Section 131 of the social services law is amended by  adding  two
     7  new subdivisions 21 and 22 to read as follows:
     8    21.  When  necessary, each local social services district shall assist
     9  persons with medically diagnosed HIV infection by (i) helping to  secure
    10  the required documentation to determine eligibility for assistance, (ii)
    11  arranging  for  required  face-to-face interviews to be conducted during
    12  home visits or at other appropriate sites, and (iii) providing referrals
    13  for services as well as other resources and materials  as  described  in
    14  subdivision twenty-two of this section.
    15    22.  The  office, in consultation with the department of health, shall
    16  create, maintain, and periodically update information  on  the  office's
    17  website regarding resources and services throughout the state, including
    18  the  location  of  such services, which shall include but not be limited
    19  to, community based  supports,  employment  opportunities,  and  medical
    20  professionals specialized in assisting such persons with medically diag-
    21  nosed  HIV  infection  to  be  utilized  by  the  local  social services
    22  districts. Such information shall also be made available on the office's
    23  website.
    24    § 4. Paragraphs f and (g) of subdivision  1  of  section  153  of  the
    25  social services law, paragraph f as amended by chapter 81 of the laws of
    26  1995  and  paragraph  (g) as amended by chapter 471 of the laws of 1980,
    27  are amended and a new paragraph h is added to read as follows:
    28    f. the full amount expended by any  district,  city,  town  or  Indian
    29  tribe  for  the  costs,  including the costs of administration of public
    30  assistance and care to eligible needy Indians and members of their fami-
    31  lies residing on any Indian  reservation  in  this  state,  after  first
    32  deducting  therefrom  any  federal  funds  properly  received  or  to be
    33  received on account thereof[.];
    34    [(g)] g. fifty per centum of the amount expended for  substance  abuse
    35  services  pursuant  to this chapter, after first deducting therefrom any
    36  federal funds properly received or to be received on account thereof. In
    37  the event funds appropriated  for  such  services  are  insufficient  to
    38  provide  full  reimbursement  of the total of the amounts claimed by all
    39  social services districts pursuant to this  section  then  reimbursement
    40  shall be in such proportion as each claim bears to such total[.]; and
    41    h.  notwithstanding any inconsistent provision of law, one hundred per
    42  centum of safety  net  or  family  assistance  expenditures,  in  social
    43  services  districts  with a population of five million or fewer, for HIV
    44  emergency shelter allowance payments in excess of those  promulgated  by
    45  the  office  of temporary and disability assistance but not exceeding an
    46  amount reasonably approximate to one hundred ten percent of fair  market
    47  rent as determined by the federal department of housing and urban devel-
    48  opment, and for transportation or nutrition payments, which the district
    49  determines  are  necessary  to  establish or maintain independent living
    50  arrangements among persons living with medically diagnosed HIV infection
    51  and who are homeless or facing homelessness and for whom no  viable  and
    52  less  costly  alternative to housing is available, after first deducting
    53  therefrom any federal funds properly  received  or  to  be  received  on
    54  account thereof.
    55    §  5.  This  act shall take effect on the ninetieth day after it shall
    56  have become a law.
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