§ 5-01 Rights of Persons with Clinical/Symptomatic HIV Illness or with AIDS.
RCNY § 5-01
(a)Rights of persons with clinical/symptomatic HIV illness or with AIDS. All persons with clinical/symptomatic HIV illness or persons with AIDS shall have the right to apply for benefits and services as defined in § 21-128(b) of the Administrative Code of the City of New York, and the right to apply for information, referral and assessment services from the HIV/AIDS Services Administration ("HASA"). In addition, such persons shall have the following rights: (1) With certain exceptions provided pursuant to applicable federal, state or local law, regulation or rule, you have the right to confidentiality. Your medical condition cannot be revealed to anyone without your permission. Information you give to HASA staff will not be released to any individual or organization without your permission except where required by law.
(2)You have the right to receive information about and to apply for a variety of benefits and services including, but not limited to, medically appropriate transitional and permanent housing; Medicaid and other health related services; home care and home health services; personal care services; homemaker services; Food Stamps; transportation and nutrition allowances; housing subsidies, including, but not limited to, enhanced rental assistance; financial benefits; and intensive case management. You shall have the right to receive the benefits and services for which you are found eligible.
(3)If you are homebound (i.e., with physical or mental disabilities, confirmed by medical providers or home care agencies, which prevent you, permanently or temporarily, from visiting the local HASA service center), you have the right to a home or hospital visit from a case manager. These visits may be to determine your eligibility for benefits and services, to assist you in applying for benefits and services, or to maintain eligibility for benefits and services.
(4)You have the right to refuse any service.
(5)You have the right to be referred to a community based organization for any service not provided by HASA.
(6)You have the right to contact a HASA staff member whenever you need services.
(7)You have the right to receive services from HASA staff without the payment of gratuities in any form.
(8)You have the right to initiate complaints against HASA staff.
(9)If you feel that you are being unlawfully discriminated against in any way, you have the right to file a complaint of discrimination with the New York State Division of Human Rights Bias Hotline at (212) 662-2427 or the New York City Commission on Human Rights AIDS Hotline at 1-800-523-AIDS.
(10)You have the right to be treated fairly and with respect and courtesy.
(b)Additional rights and responsibilities of HASA clients. All persons who are deemed eligible pursuant to § 21-128, subsection (a)(3) of the Administrative Code of the City of New York, have, in addition to all of the rights of persons with clinical/symptomatic HIV illness or with AIDS, the following additional rights and responsibilities: (c) HASA client rights.
(1)You have the right to have benefits and services provided in a timely manner after your applications for specific benefits and services have been approved. Once applications for benefits and services are complete, the time frames for the delivery of benefits and services are determined by: (i) Federal law or regulations; (ii) New York State Social Services Law or regulations; or (iii) Local Law and the Rules of the City of New York. If none of the above apply, provision of the benefit or service will be no later than twenty (20) business days following submission of all information or documentation required to determine eligibility.
(d)HASA client responsibilities.
(i)The ACM will receive an appointment notice to report for an Employability Assessment to determine whether the ACM is required to engage in work or other activities.
(ii)The ACM is responsible for appearing at the scheduled appointment and providing proof of employment income, school attendance or verification of another work activity, if applicable. The ACM is responsible for cooperating with the Employability Assessment process.
(iii)HASA will determine whether the ACM is required to engage in work or other related activities under federal, state, or local law, regulations, or rules. If HASA determines that the ACM is required to engage in work or other related activities, HASA will provide the ACM with an Employment Plan and refer the ACM to the appropriate work activities, employment opportunities, training, or other necessary services for the ACM to achieve self sufficiency. The ACM is responsible for complying with all the work or other related activities required in the Employment Plan.
(iv)If an ACM refuses or fails without good cause to cooperate or to comply with the Employability Assessment process or with any activities required in the Employment Plan, the household will be subject to a pro-rated reduction of the household's cash assistance benefit(s) as provided in applicable federal, state, or local law, regulations, or rules.
