§ 21-128 Benefits and services to be provided to persons with HIV.
AC § 21-128
a. Definitions. As used in this section, the following terms have the following meanings: 1. Access to benefits and services. The term “access to benefits and services” means the provision of assistance by staff of the division to a person with HIV 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. The term “completed application” means: (a) the date on the client's receipt indicating that the application is complete pursuant to paragraph 1 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. The term “division” means the division established pursuant to section 21-126, or its functional or legal equivalent.
4.Eligible person. The term “eligible person” means 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. The term “immediate needs grant” means a pre-investigation grant provided to a person who appears to be in immediate need.
6.Legally mandated time frame. The term “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. The term “medically appropriate transitional and permanent housing” means 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 . 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. The term “non-emergency housing” means 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 HIV. The term “person with HIV” means a person who has been diagnosed by a licensed medical professional as infected with the human immunodeficiency virus.
10.Processing time for applications for benefits or services. The term “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”: (1) 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 (2) 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. The term “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 to provide access to benefits and services to every eligible person with HIV who requests assistance, and shall ensure the provision of benefits and services to eligible persons with HIV. 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; housing subsidies, including, but not limited to, enhanced rental assistance as set forth in paragraph k of 352.3 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. 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 30 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 HIV, 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.
(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: (1) an application for medically appropriate non-emergency housing; and (2) 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.
