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.