S T A T E   O F   N E W   Y O R K
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                                  8103

                            I N  S E N A T E

                              June 8, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Aging

AN ACT to amend the elder law, in relation to establishing a senior care
  choices program in the office for the aging

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  214  of the elder law is amended by adding a new
subdivision 8 to read as follows:
  8. SENIOR CARE CHOICES PROGRAM. (A) NOTWITHSTANDING ANY OTHER  LAW  TO
THE  CONTRARY, THE DIRECTOR SHALL FILE, OR CAUSE TO BE FILED, WITHIN ONE
HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION AN  APPLI-
CATION  FOR  A  FEDERAL  WAIVER  PURSUANT TO SECTION 1115 OF THE FEDERAL
SOCIAL SECURITY ACT, OR ANY SUCCESSOR THERETO, FOR A SENIOR CARE CHOICES
PROGRAM, UNDER WHICH THE  OFFICE  SHALL  AND  IS  HEREBY  AUTHORIZED  TO
PROVIDE  DIRECTLY OR BY CONTRACT A COORDINATED PLAN OF CARE AND SERVICES
AT HOME TO SENIORS IN A SEAMLESS NETWORK  THAT  SHALL  INCLUDE  SERVICES
PROVIDED BY AND THROUGH THE OFFICE AND ANY ADDITIONAL SERVICES AS MAY BE
NECESSARY  TO MAINTAIN SUCH PERSONS AT HOME AS AUTHORIZED IN THIS SUBDI-
VISION. EVERY STATE AGENCY IS HEREBY EMPOWERED AND DIRECTED TO COOPERATE
WITH THE OFFICE AND TO COMPLY WITH ANY REQUEST FOR THE  FILING  OF  SUCH
WAIVER  IF  THE  DIRECTOR  SHALL LACK POWER AND AUTHORITY TO FILE SUCH A
WAIVER. AS USED IN THIS SUBDIVISION, THE TERM "SENIOR" MEANS PERSONS WHO
ARE AGED SIXTY AND OLDER WHO ARE MEDICALLY ELIGIBLE FOR PLACEMENT  IN  A
LONG-TERM  CARE  FACILITY, AS SUCH TERM IS DEFINED IN SECTION TWENTY-ONE
HUNDRED NINETY-ONE OF THE PUBLIC HEALTH LAW.
  (1) THE SENIOR CARE CHOICES PROGRAM SHALL BE PROVIDED IN THE  SENIOR'S
HOME  OR  IN  THE  HOME  OF  A RESPONSIBLE RELATIVE OR OTHER RESPONSIBLE
ADULT, AND, OTHER PROVISIONS OF THIS SECTION TO  THE  CONTRARY  NOTWITH-
STANDING,  IF THE WAIVER GRANTED PURSUANT TO SECTION 1115 OF THE FEDERAL
SOCIAL SECURITY ACT OR ANY SUCCESSOR THERETO SHALL SO PROVIDE, MAY  ALSO
BE  PROVIDED  IN  ADULT CARE FACILITIES, OTHER THAN SHELTERS FOR ADULTS,
CERTIFIED PURSUANT  TO  SECTION  FOUR  HUNDRED  SIXTY-B  OF  THE  SOCIAL
SERVICES LAW, PROVIDED THAT THE SENIOR MEETS THE ADMISSION AND CONTINUED
STAY  CRITERIA  FOR  SUCH FACILITY, EXCEPT THAT SERVICES PROVIDED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD06159-02-9

S. 8103                             2

PROGRAM SHALL NOT DUPLICATE OR  REPLACE  THOSE  WHICH  THE  FACILITY  IS
REQUIRED BY LAW OR REGULATION TO PROVIDE.
  (2) IN FILING SUCH WAIVER FOR THE OPERATION OF THE PROGRAM, THE OFFICE
SHALL  SEEK  TO  PROVIDE SERVICES PURSUANT TO THE PRINCIPLE THAT SENIORS
HAVE THE PRIMARY AUTHORITY TO MAKE CHOICES  THAT  WORK  BEST  FOR  THEM,
REGARDLESS  OF THE NATURE OR EXTENT OF THEIR DISABILITY OR THE SOURCE OF
PAYMENT FOR SERVICES. IN DESIGNING THE PROGRAM AND  PROVIDING  SERVICES,
THE  OFFICE  IS AUTHORIZED TO WAIVE ANY PROVISION OF THE SOCIAL SERVICES
LAW OR THE PUBLIC HEALTH LAW, OR  ANY  RULE  OR  REGULATION  PROMULGATED
THEREUNDER, WHICH IN THE JUDGMENT OF THE OFFICE RESTRICTS ITS ABILITY TO
PROVIDE SERVICES AS REQUIRED BY THIS SUBDIVISION, SO LONG AS SUCH WAIVER
IS  CONSISTENT  WITH ANY FEDERAL WAIVER GRANTED PURSUANT TO SECTION 1115
OF THE FEDERAL SOCIAL SECURITY ACT OR ANY SUCCESSOR THERETO.
  (3) THE OFFICE SHALL SEEK TO EXPAND SOURCE OF PAYMENT FOR THE PROGRAM,
INCLUDING SEEKING PAYMENTS FROM VOLUNTARY AND WILLING  PRIVATE  SOURCES,
INSURANCE PLANS, CHARITIES AND FOUNDATIONS, AND INDIVIDUALS.
  (4)  THE  OFFICE  IS  HEREBY  EMPOWERED TO PROVIDE OR CONTRACT FOR THE
PROVISION OF SUCH SENIOR CARE CHOICES PROGRAM IN ANY COUNTY  WITHIN  THE
STATE.  THE  OFFICE  SHALL  SEEK TO COORDINATE SERVICES WITH ANY CURRENT
PROVIDER OF SERVICES. NO STATE AGENCY SHALL IMPOSE A LIMITATION  ON  THE
NUMBER  OF ELIGIBLE INDIVIDUALS SERVED IN THIS PROGRAM. THE OFFICE SHALL
NOT BE SUBJECT TO AUDIT, ASSESSMENT, SUSPENSION, SANCTION, OR REPORT  BY
A STATE AGENCY FOR A PROGRAM CONDUCTED PURSUANT TO THE AUTHORITY OF THIS
SUBDIVISION,  EXCEPT  THAT IT SHALL BE SUBJECT TO AUDIT BY THE OFFICE OF
THE STATE COMPTROLLER TO THE EXTENT THAT SUCH PROGRAMS WOULD  HAVE  BEEN
SUBJECT TO AUDIT BUT FOR THIS PARAGRAPH.
  (B)  IF  A SENIOR DEEMED BY HIS OR HER PHYSICIAN ABLE TO REMAIN IN HIS
OR HER OWN HOME OR THE HOME OF A RESPONSIBLE RELATIVE OR OTHER RESPONSI-
BLE ADULT IF THE NECESSARY SERVICES ARE PROVIDED APPLIES  FOR  ADMISSION
TO  THE  PROGRAM,  THE  OFFICE  IN  CONSULTATION  WITH  THE LOCAL SOCIAL
SERVICES COMMISSIONER SHALL ORDER AN ASSESSMENT TO  BE  PERFORMED  USING
THE ASSESSMENT INSTRUMENT DEVELOPED PURSUANT TO THE PROVISION OF SECTION
THIRTY-SIX  HUNDRED SIXTEEN OF THE PUBLIC HEALTH LAW, AND IN ADDITION AN
ASSESSMENT OF THE INFORMAL CAREGIVING NETWORK AND  SUPPORTS  CAPABLE  OF
PROVIDING  SOCIAL AND NON-MEDICAL SERVICES TO THE SENIOR. IF THE RESULTS
OF THE ASSESSMENT INDICATE THAT THE SENIOR CAN RECEIVE  THE  APPROPRIATE
LEVEL  OF  CARE  AT  HOME OR IN THE HOME OF SUCH RESPONSIBLE RELATIVE OR
OTHER RESPONSIBLE ADULT,  AND  THAT  THE  SENIOR  CAN  BE  APPROPRIATELY
SUPPORTED  BY  FAMILY,  INTIMATES,  FRIENDS,  AND  COMMUNITY, THE OFFICE
SHALL, AFTER CONSULTING WITH THOSE WHO PERFORMED THE ASSESSMENT, PREPARE
FOR THAT SENIOR A PLAN FOR THE PROVISION OF SERVICES  THAT  MAY  INCLUDE
ANY  SERVICE  THAT  WOULD  BE RENDERED IN A NURSING HOME PLUS SUCH ADDI-
TIONAL SERVICES AS THE OFFICE  IS  AUTHORIZED  TO  PROVIDE  DIRECTLY  OR
THROUGH  CONTRACT PURSUANT TO THE PROVISIONS OF THE WAIVER AUTHORIZED BY
THIS SUBDIVISION. CONTINUED  PROVISION  OF  SERVICES  PURSUANT  TO  THIS
SUBDIVISION  SHALL  BE  CONTINGENT  ON  ADDITIONAL ASSESSMENTS PERFORMED
EVERY ONE HUNDRED TWENTY DAYS. AT THE TIME OF  THE  INITIAL  ASSESSMENT,
AND  AT  THE  TIME  OF  EACH SUBSEQUENT ASSESSMENT (OR MORE OFTEN IF THE
SENIOR'S NEEDS REQUIRE), THE OFFICE SHALL ESTABLISH A MONTHLY BUDGET FOR
PAYMENT FOR THE SERVICES PROVIDED UNDER SUCH PLAN.  TOTAL ANNUAL EXPEND-
ITURES FOR MEDICAL ASSISTANCE SERVICES MADE PURSUANT TO TITLE ELEVEN  OF
ARTICLE  FIVE OF THE SOCIAL SERVICES LAW FOR ALL SUCH SENIORS WITHIN THE
SOCIAL SERVICES DISTRICT WITHIN WHICH  SUCH  SENIORS  RESIDE  SHALL  NOT
EXCEED  SIXTY-FIVE  PERCENT  OF  THE AVERAGE OF THE ANNUAL RATES PAYABLE
UNDER SUCH TITLE FOR NURSING HOME SERVICES WITHIN  THE  SOCIAL  SERVICES
DISTRICT  IN  WHICH SUCH SENIORS RESIDE, SUCH AMOUNT TO BE DETERMINED BY

S. 8103                             3

MULTIPLYING THE TOTAL NUMBER OF SENIORS WITHIN THE PROGRAM IN  ANY  YEAR
BY  THE  AVERAGE  OF  THE  ANNUAL  RATES  PAYABLE  FOR SUCH NURSING HOME
SERVICES.
  (C)  SERVICES  PROVIDED  UNDER THE SENIOR CARE CHOICES PROGRAM INCLUDE
SERVICES PROVIDED BY THE OFFICE, AND PROVIDED PURSUANT  TO  THE  WAIVER,
INCLUDING  BUT  NOT  LIMITED  TO  SUCH  LONG TERM CARE SERVICES AS CARE,
TREATMENT, MAINTENANCE, AND SERVICES  PROVIDED  IN  A  NURSING  FACILITY
LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH  LAW, OR
PROVIDED BY A HOME CARE SERVICES AGENCY, CERTIFIED HOME HEALTH AGENCY OR
LONG TERM HOME HEALTH CARE PROGRAM, AS  DEFINED  IN  SECTION  THIRTY-SIX
HUNDRED TWO OF THE PUBLIC HEALTH LAW, OR PROVIDED BY AN ADULT DAY HEALTH
CARE PROGRAM IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT OF HEALTH,
OR  PROVIDED  BY  A  PERSONAL CARE PROVIDER LICENSED OR REGULATED BY ANY
OTHER STATE OR LOCAL AGENCY, AND SUCH OTHER SERVICES FOR  WHICH  MEDICAL
ASSISTANCE  IS  OR  OTHERWISE  WOULD BE AVAILABLE PURSUANT TO THE SOCIAL
SERVICES LAW INCLUDING THOSE WHICH ARE  DESIGNATED  AS  LONG  TERM  CARE
SERVICES  IN  LAW  OR  REGULATIONS OF THE DEPARTMENT OF HEALTH, CONSUMER
DIRECTED PERSONAL ASSISTANCE SERVICES, AND SUCH OTHER SERVICES  AS  HOME
MODIFICATION, TELEHEALTH, PHARMACY REVIEW, AND PALLIATIVE CARE.
  S 2. This act shall take effect immediately.