S 442: Relates to assisting persons with medically diagnosed HIV infection.

  
  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 Subdivision 15 of section 131-a of the social services law is 18 REPEALED and a new subdivision 15 is added to read as follows: 19 15.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.