Section 21-128. Benefits and services to be provided to persons with clinical/symptomatic HIV illness or with AIDS

a. Whenever used in  this  section, the following terms shall be defined as follows:
    1.  "Access  to  benefits  and  services"  shall mean the provision of
  assistance   by   staff   of   the   division   to   a    person    with
  clinical/symptomatic  HIV  illness  or with AIDS at a single location in
  order to  apply  for  publicly  subsidized  benefits  and  services,  to
  establish any and all elements of eligibility including, but not limited
  to,  those  elements  required to be established for financial benefits,
  and to maintain such eligibility and shall include, but not  be  limited
  to, assistance provided at a field office of the department, at the home
  of  the  applicant  or  recipient, at a hospital where such applicant or
  recipient is a patient  or  at  another  location,  in  assembling  such
  documentation  as  may be necessary to establish any and all elements of
  eligibility and to maintain such eligibility;
    2. "Completed application" means:
    (a) the date on the client's receipt indicating that  the  application
  is complete pursuant to paragraph 2 of subdivision c of this section; or
    (b)  where  no  receipt  is provided, the date on which the client has
  provided the division with all  of  the  information  and  documentation
  necessary to complete the client's application for a benefit or service;
  or
    (c)  in  the  case  of  a  separate  determination  of eligibility for
  medicaid or food stamps, the date on which a  person's  application  for
  public assistance was denied or a recipient's public assistance case was
  closed.
    3.  "Division" shall mean the division of AIDS services as established
  pursuant to § 21-126  of  this  chapter,  or  its  functional  or  legal
  equivalent;
    4. "Eligible person" shall mean a person who satisfies the eligibility
  requirements  established pursuant to applicable local, state or federal
  statute, law, regulation or rule for the benefits and services set forth
  in subdivision b of this section or for any other benefits and  services
  deemed appropriate by the commissioner;
    5. "Immediate needs grant" means a pre-investigation grant provided to
  a person who appears to be in immediate need;
    6.  "Legally mandated time frame" means the time period within which a
  benefit or service must be  provided  to  an  eligible  applicant  under
  federal,  state or local law, rule, regulation or by order of a court of
  competent jurisdiction;
    7. "Medically appropriate transitional and  permanent  housing"  shall
  mean  housing  which  is  suitable for persons with severely compromised
  immune  systems,  and  if  necessary,   accessible   to   persons   with
  disabilities  as  defined  in  section  8-102 of this code. Such housing
  shall include, but not be limited to, individual refrigerated  food  and
  medicine  storage  and  adequate  bathroom  facilities which shall, at a
  minimum, provide an effective  locking  mechanism  and  any  other  such
  measures as are necessary to ensure privacy;
    8. "Non-emergency housing" shall mean housing provided or administered
  by  the  division,  including but not limited to programs referred to as
  scatter site I housing, scatter site II housing and congregate housing;
    9. "Person with clinical/symptomatic HIV illness or with  AIDS"  shall
  mean   a   person   who   has   at   any   time   been   diagnosed  with
  clinical/symptomatic HIV illness, as determined by the  New  York  state
  department  of  health AIDS institute, or a person with AIDS, as defined
  by the federal centers for disease control and prevention;
    10. "Processing time for applications for benefits or services"  means
  the  length  of  time required to process an application for benefits or

  services administered by the division, which shall not be represented in
  terms of averages, but shall be reported in terms of categories covering
  various periods of time as follows:
    (a)  for  non-emergency  applications  for  food  stamps, medicaid and
  public assistance benefits: 0 to 15 days; 16 to 30 days; 31 to 45  days;
  46 to 65 days; 66 to 75 days; and more than 76 days;
    (b)  for immediate needs grants and expedited food stamps: same day; 1
  to 5 days; 6 to 10 days; 11 to 17 days; and more than 18 days;
    (c) for all other non-emergency benefits and services,  including  but
  not  limited  to exceptions to policy for enhanced rental assistance and
  additional allowances: 0 to 15 days; 16 to 30 days; 31 to 45 days; 46 to
  75 days; and more than 76 days;
    (d) for all other benefits  and  services  provided  on  an  emergency
  basis,   including  benefits  and  services  currently  referred  to  as
  "emergency CBCFAs": (i) in  reporting  the  time  frame  from  completed
  application  to  approval  or  denial: 0 to 2 days; 3-5 days; 6-10 days;
  11-15 days; and more than 16 days; and (ii) in reporting the time  frame
  from  approval  to  provision  of  the benefit: 0-1 days; 2-5 days; 6-10
  days; 11-15 days; and more than 16 days; and
    (e) for applications for non-emergency housing: 0 to 15 days; 16 to 30
  days; 31 to 45 days; 46 to 75 days; 76 to 100 days; and  more  than  100
  days.
    11.  "Separate  determination  of  eligibility  for  medicaid  or food
  stamps" means a determination regarding eligibility for medicaid or food
  stamps made either when a person's application for public assistance has
  been denied or when a recipient's public assistance case is closed.
    b. The commissioner  shall  direct  staff  of  the  division  of  AIDS
  services  to  provide  access to benefits and services to every eligible
  person with clinical/symptomatic HIV illness or with AIDS  who  requests
  assistance,  and  shall ensure the provision of benefits and services to
  eligible persons with clinical/symptomatic HIV illness  and  with  AIDS.
  Any  eligible  person shall receive only those benefits and services for
  which  such  person  qualifies  in  accordance   with   the   applicable
  eligibility  standards  established  pursuant to local, state or federal
  statute, law, regulation or  rule.  Such  benefits  and  services  shall
  include,  but  not be limited to: medically appropriate transitional and
  permanent housing; medicaid, as set forth in section 1396  et.  seq.  of
  title  42  of  the United States code and other health-related services;
  home care and home health services as set forth in sections  505.21  and
  505.23  of  title 18 of the official compilation of the codes, rules and
  regulations of the state of New York;  personal  care  services  as  set
  forth  in  section 505.14 of title 18 of the official compilation of the
  codes, rules and regulations of the state of New York; homemaker service
  as set forth in part 460 of title 18 of the official compilation of  the
  codes,  rules  and regulations of the state of New York; food stamps, as
  set forth in section 2011 et. seq. of title 7 of the United States code;
  transportation and nutrition allowances as required by section 21-127 of
  this chapter; housing subsidies, including, but not limited to, enhanced
  rental assistance as set forth in section 397.11  of  title  18  of  the
  official compilation of the codes, rules and regulations of the state of
  New  York; financial benefits; and intensive case management as required
  by section 21-127 of this  chapter.  The  commissioner  shall  have  the
  authority  to  provide  access  to  additional benefits and services and
  ensure the provision of such additional benefits and  services  whenever
  deemed  appropriate. The requirements with respect to such access to and
  eligibility for benefits and services shall not be more restrictive than
  those requirements mandated by state or federal statute, law, regulation
  or rule. Within thirty days of the effective date of the local law  that

  added  this  section, the commissioner shall establish criteria pursuant
  to which an applicant shall be entitled to a home or hospital visit  for
  the  purpose  of  establishing eligibility and applying for benefits and
  services.
    c.  1.  Upon  written or oral application to the division for benefits
  and  services  or  submission  of  documents   required   to   establish
  eligibility    for    benefits   and   services   by   a   person   with
  clinical/symptomatic  HIV  illness  or  with  AIDS,  such  person  shall
  immediately  be  provided with a receipt which shall include, but not be
  limited to, the date, a description of the information received,  and  a
  statement  as  to whether any application for such benefits and services
  is complete  or  incomplete,  and  if  incomplete,  such  receipt  shall
  identify   any   information  or  documents  needed  in  order  for  the
  application to be deemed complete.
    2. Processing of applications for medically appropriate  non-emergency
  housing.
    (a)  Unless  the  client shall decline, the division shall provide the
  following to every homeless client of the division on the day the client
  is determined to be eligible for services as a client of the division:
    (i) an application for medically  appropriate  non-emergency  housing;
  and
    (ii)  information  regarding  financial assistance available to assist
  eligible clients in obtaining housing and  regarding  available  housing
  options.
    (b)   The  division  shall  ensure  that  every  client  receives  any
  assistance needed to complete the application for medically  appropriate
  non-emergency  housing  within  10 business days of the day on which the
  client is determined to be eligible for services  as  a  client  of  the
  division.
    (c)  Within  90  days  of initial placement in emergency housing or of
  completion of the physical documentation required from  the  client  for
  the  application  for  non-emergency  housing,  whichever is sooner, the
  division must provide every client who  is  eligible  for  non-emergency
  housing  a  referral to an available medically appropriate non-emergency
  housing option, which takes into consideration the medical,  educational
  and familial needs and social circumstances of the client, to the extent
  such option is available.
    (d)  For  any  client who remains homeless or in emergency housing for
  over 45  days  after  the  requirements  of  subparagraph  (c)  of  this
  paragraph  or  the  requirements of this subparagraph have been met, the
  division shall provide  a  referral  to  another  medically  appropriate
  non-emergency housing option, to the extent such option is available.
    3.  Where  no  statute, law, regulation or rule provides a time period
  within which a benefit or service  shall  be  provided  to  an  eligible
  person  who  requests such a benefit or service, such benefit or service
  shall  be  provided  no  later  than  twenty  business  days   following
  submission  of  all  information  or documentation required to determine
  eligibility.
    d. Where a person with clinical/symptomatic HIV illness or  with  AIDS
  who  applies  for  benefits  and  services,  or  access  to benefits and
  services, indicates that one or more minor children reside with  him  or
  her  or  are  in  his or her care or custody, such person shall be given
  information and program referrals on  child  care  options  and  custody
  planning, including the availability of standby guardianship pursuant to
  section  1726 of the surrogate's court procedure act of the state of New
  York and referral to legal assistance programs.

    e. Recertification of eligibility, as required by any state or federal
  law, statute, regulation or rule shall be conducted no  more  frequently
  than mandated by such statute, law, regulation or rule.
    f.   Eligibility   for   benefits   and   services  for  persons  with
  clinical/symptomatic HIV illness or with  AIDS  may  not  be  terminated
  except   where   the  recipient  is  determined  to  no  longer  satisfy
  eligibility requirements, is deceased,  or  upon  certification  by  the
  commissioner  that  the recipient cannot be located to verify his or her
  continued  eligibility  for  benefits  and  services.  In   the   latter
  circumstance,  the division shall conduct a reasonable good faith search
  for at least a ninety-day period  to  locate  the  recipient,  including
  sending  written  notice by certified mail, return receipt requested, to
  the last known address of such recipient,  requiring  the  recipient  to
  contact the division within ten days.
    g.  Not later than sixty days from the effective date of the local law
  that added this section, the commissioner shall prepare a  draft  policy
  and  procedures  manual  for  division staff. Such policy and procedures
  manual shall include, but  not  be  limited  to,  strict  guidelines  on
  maintaining  the  confidentiality  of  the  identity  of and information
  relating to  all  applicants  and  recipients,  instructional  materials
  relating  to  the  medical  and  psychological  needs  of  persons  with
  clinical/symptomatic HIV illness or with AIDS,  application  procedures,
  eligibility  standards,  mandated time periods for the provision of each
  benefit and service available to applicants and recipients and  advocacy
  resources  available to persons with clinical/symptomatic HIV illness or
  with  AIDS.  Such  list  of  advocacy   resources   shall   be   updated
  semi-annually.  Within  thirty  days  following  the preparation of such
  draft policy and procedures manual and prior to  the  preparation  of  a
  final  policy  and  procedures manual, the commissioner shall distribute
  such draft policy and procedure manual to all  social  service  agencies
  and   organizations   that  contract  with  the  department  to  provide
  HIV-related services and to  all  others  whom  the  commissioner  deems
  appropriate, and hold no fewer than one noticed public hearing at a site
  accessible  to  the  disabled,  at  which  advocates, service providers,
  persons who have tested positive for HIV, and any other  member  of  the
  public shall be given an opportunity to comment on such draft policy and
  procedures  manual.  The  commissioner  shall prepare a final policy and
  procedures manual within  thirty  days  after  the  conclusion  of  such
  hearing  and  shall thereafter review and where appropriate, revise such
  policy and procedures manual on an annual basis. The commissioner  shall
  provide  for  semi-annual  training,  using  such  policy and procedures
  manual, for all division staff.
    h. Not later than sixty days from the effective date of the local  law
  that  added this section, the commissioner shall publish a proposed rule
  establishing a bill of rights for persons with clinical/symptomatic  HIV
  illness  or  with AIDS. Such draft bill of rights shall include, but not
  be limited to, an explanation of the benefits  and  services  for  which
  persons  with  clinical/symptomatic  HIV  illness  or  with  AIDS may be
  eligible; timetables within which such benefits and  services  shall  be
  provided  to  eligible  persons;  an  explanation  of an applicant's and
  recipient's right to examine his or  her  file  and  the  procedure  for
  disputing  any  information  contained  therein;  an  explanation  of an
  applicant's and recipient's right to a home or hospital  visit  for  the
  purpose  of  applying  for  or  maintaining  benefits  or  services;  an
  explanation of the process for requesting a division conference  or  New
  York  state  fair  hearing; and a summary of the rights and remedies for
  the redress of discrimination as provided for in  title  eight  of  this
  code. Within sixty days following the publication of such proposed rule,

  and  prior  to  the  publication of a final rule, the commissioner shall
  hold no fewer than one noticed public hearing at a  site  accessible  to
  the  disabled  at  which  advocates, service providers, persons who have
  tested  positive  for  HIV,  and any other member of the public shall be
  given an opportunity to comment  on  such  draft  bill  of  rights.  The
  commissioner  shall  publish  a  final rule within thirty days after the
  conclusion of such  hearing  and  shall  thereafter  review,  and  where
  appropriate, revise such bill of rights on an annual basis. Such bill of
  rights  shall  be  conspicuously posted in all division offices that are
  open to the public and shall be available for distribution to the public
  in English, Spanish and any other languages that the commissioner  deems
  appropriate.
    i. Not later than ninety days from the effective date of the local law
  that  added  this  section, the commissioner shall establish a policy or
  procedure  for  overseeing  and  monitoring  the  delivery  of  services
  required  pursuant  to this section to persons with clinical/symptomatic
  HIV illness or with AIDS which shall include, but  not  be  limited  to,
  quality  assurance  measurements.  The  commissioner  shall  submit such
  policy or procedure to the mayor and the council in writing  within  ten
  days from the date such policy or procedure is established.
    j.  The  commissioner  shall  submit written, quarterly reports to the
  mayor and the council that shall, at a minimum,  provide  the  following
  information:
    1. The number of persons with clinical/symptomatic HIV illness or with
  AIDS  who  requested  benefits or services set forth in subdivision b of
  this section or any other benefits or services provided by the division.
    2. The processing time for  applications  for  benefits  or  services,
  disaggregated  by  field  office,  type of benefit and individual versus
  family case, specified as follows:
    (i) for non-emergency  applications  for  food  stamps,  medicaid  and
  public   assistance   benefits,  including  separate  determinations  of
  eligibility for medicaid or food stamps:
    (1) the number of days from completed application to the provision  of
  the benefit or service; and
    (2)  in  cases  of  denial,  the  number  of  days  from the completed
  application to denial of the application.
    (ii) for immediate needs grants and expedited food stamps:
    (1) the number of days from the request date to the date  of  issuance
  of a grant; and
    (2)  in  cases  of denial, the number of days from the request date to
  the date of denial.
    (iii) for all other non-emergency benefits or services provided by  or
  through  any  division  center  or  office, including but not limited to
  exceptions to policy  for  enhanced  rental  assistance  and  additional
  allowances:
    (1)  (a)  the  number  of  days  from  initial  request  to  completed
  application; and
    (b) the number of days from completed application to the provision  of
  the benefit or service; and
    (2)  in cases of denial, the number of days from completed application
  to denial of the application.
    (iv) for all other benefits  or  services  provided  on  an  emergency
  basis,  including  but  not limited to exceptions to policy for enhanced
  rental assistance and additional allowances:
    (1) the number of days from initial request to completed application;
    (2) the number of days  from  completed  application  to  approval  or
  denial of the application; and

    (3)  the  number  of  days  from  approval  of  an  application to the
  provision of the benefit or service.
    (v) for applications for non-emergency housing: (1) the number of days
  from a request for housing to completed application;
    (2)  the  number  of  days  from  completed application to approval or
  denial of the application;
    (3) the number of days from approval of an application to the date  on
  which the client takes occupancy of non-emergency housing; and
    (4) with respect to applications that are approved, the number of days
  from  completed  application  to  the  date  on  which  the client takes
  occupancy of non-emergency housing.
    3. The number of division staff, by job title,  whose  duties  include
  providing  benefits  and  services  or  access  to benefits and services
  pursuant to this section,  disaggregated  by  field  office  and  family
  versus  overall  cases;  the  number  of  cases  at  each  field office,
  disaggregated by family versus overall cases;  and  the  ratio  of  case
  managers  and supervisors to clients at each field office, disaggregated
  by family versus overall cases.
    4. The number of  cases  closed,  disaggregated  by  the  reasons  for
  closure.
    5.  The number of closed cases that were re-opened, the length of time
  required to re-open such closed cases, starting from the date  on  which
  the  case  was closed, and the total number of cases closed in error and
  the length of time required to reopen such closed cases,  starting  from
  the date on which the case was closed, disaggregated by field office and
  reported in the following categories: 0 to 15 days; 16 to 30 days; 31 to
  45  days;  46 to 60 days; 61 to 75 days; 76 to 90 days; and more than 91
  days.
    6. The number of administrative fair hearings requested, the number of
  fair hearing decisions in favor of applicants  and  recipients  and  the
  length  of  time  for  compliance  with  such  fair  hearing  decisions,
  disaggregated by decisions where there was compliance within 30 days  of
  the decision date and decisions where there was compliance after 30 days
  of the decision date;
    7.  The  number of proceedings initiated pursuant to article 78 of the
  civil practice law and rules challenging fair hearing decisions, and the
  number of article 78  decisions  rendered  in  favor  of  applicants  or
  recipients;
    8.  The  number of clients in emergency housing and the average length
  of stay, disaggregated on a monthly basis;
    9. The number of facilities used  to  provide  emergency  shelter  for
  clients  and the number of units per facility, disaggregated by the type
  of facility;
    10. The number of facilities used to provide emergency shelter  placed
  on  non-referral  status  for each month in the reporting period and the
  number of facilities placed on non-referral  status  that  remedied  the
  situation that led to non-referral status.
    11.  The number of facilities used to provide emergency shelter placed
  on discontinuance of use status and the number of facilities  placed  on
  discontinuance  of  use  status  that remedied the situation that led to
  discontinuance of use status.
    12. The number of  requests  for  emergency  housing  assistance,  the
  number  of  persons referred to the department of homeless services; the
  number of persons referred to commercial single room  occupancy  hotels,
  the  average  length of stay in commercial single room occupancy hotels,
  the number of applications for non-emergency housing each month; and the
  number of persons placed in non-emergency housing each month.

    13. The number of inspections of emergency housing  conducted  by  the
  division.
    14.  Quarterly reports required by this subdivision shall be delivered
  no later than 60 days after the last day of the time period  covered  by
  the  report.  The  first  quarterly  report required by this subdivision
  shall be delivered no later than August 31, 2005.
    k. There shall be an advisory board to advise the commissioner on  the
  provision  of  benefits and services and access to benefits and services
  to persons  with  clinical/symptomatic  HIV  illness  or  with  AIDS  as
  required  by  this  section. This advisory board shall consist of eleven
  members to be appointed for two-year terms as follows: five members,  at
  least three of whom shall be eligible for benefits and services pursuant
  to  this  section,  who shall be appointed by the speaker of the council
  and six members, including the chairperson of  the  advisory  board,  at
  least three of whom shall be eligible for benefits and services pursuant
  to this section, who shall be appointed by the mayor. The advisory board
  shall   meet   at  least  quarterly  and  members  shall  serve  without
  compensation. Such advisory board may formulate  and  recommend  to  the
  commissioner  a  policy  or  procedure for overseeing and monitoring the
  delivery of services to persons with clinical/symptomatic HIV illness or
  with  AIDS  which  may  include  quality  assurance  measurements.  Such
  advisory  board shall submit such recommended policy or procedure to the
  mayor and the council upon submission to the commissioner.
    l. Centralized housing referral and placement system.
    (1) Development and maintenance  of  referral  and  placement  system.
  Within  one  year of the effective date of the local law that added this
  subdivision, the commissioner shall establish  and  maintain  a  housing
  referral  and  placement  system to track referrals to and placements in
  emergency and non-emergency housing  and  to  track  the  conditions  at
  emergency  facilities  at  which  clients  with clinical/symptomatic HIV
  illness or with AIDS reside. At a  minimum,  the  housing  referral  and
  placement  system  required  by  this  subdivision  shall  have:  (i)  a
  mechanism to track vacancies at non-emergency housing facilities and  to
  match  eligible applicants to appropriate vacancies; (ii) a mechanism to
  track conditions at emergency housing facilities; and (iii) a  mechanism
  to  track  the  outcome  of  referrals  and  length of stay at emergency
  housing facilities and non-emergency housing facilities.