S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sen. DIAZ -- 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 the home
delivered meal assistance program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The elder law is amended by adding a new section 224 to
read as follows:
S 224. HOME DELIVERED MEAL ASSISTANCE PROGRAM. 1. ANY PERSON THAT (A)
MEETS THE CRITERIA ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, (B)
WHO IS NOT RECEIVING THE SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE
PROGRAM DUE TO INADEQUATE FUNDING AND (C) IS CURRENTLY ON A WAITING LIST
FOR THE HOME DELIVERED MEAL ASSISTANCE PROGRAM, SHALL RECEIVE THE
SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM.
2. ANY PERSON ELIGIBLE TO RECEIVE THE SERVICES OF THE HOME DELIVERED
MEAL ASSISTANCE PROGRAM MUST MEET THE FOLLOWING CRITERIA:
(A) IS SIXTY YEARS OF AGE OR OLDER;
(B) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY;
(C) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
(D) IS UNABLE TO PREPARE MEALS DUE TO A LACK OR INADEQUACY OF FACILI-
TIES, OR AN INABILITY TO SHOP, COOK OR PREPARE MEALS SAFELY, OR A LACK
OF KNOWLEDGE OR SKILL.
3. THE SPOUSE OF A PERSON WHO MEETS THE CRITERIA ESTABLISHED IN SUBDI-
VISION TWO OF THIS SECTION, REGARDLESS OF AGE, MAY RECEIVE THE SERVICES
OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM IF RECEIPT OF SUCH
SERVICES IS IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
4. THE AREA AGENCY MUST ENSURE THAT EACH PERSON REFERRED FOR OR
REQUESTING THE SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM IS
ASSESSED BY THE AREA AGENCY OR SUCH AREA AGENCY'S SUBCONTRACTING ORGAN-
IZATION TO PERFORM SUCH ASSESSMENT. SUCH ASSESSMENT SHALL DETERMINE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 348 2
THAT THE PERSON REFERRED FOR OR REQUESTING THE SERVICES OF THE HOME
DELIVERED MEAL ASSISTANCE PROGRAM MEETS THE CRITERIA ESTABLISHED IN
SUBDIVISION TWO OF THIS SECTION.
(A) THE AREA AGENCY MUST ALSO DOCUMENT ADEQUATE FOLLOW-UP AND REAS-
(B) THE AREA AGENCY MUST ASSURE THE USE OF STANDARDIZED CLIENT ASSESS-
MENT PROCEDURES THAT ARE CONSISTENT WITH THE OFFICE'S GUIDELINES.
S 2. Reporting. Designated agencies shall report to the director of
the office for the aging, at a time and manner to be decided upon by
such director, the following:
(a) the number of persons who are on waiting lists pursuant to subdi-
vision 1 of section 224 of the elder law.
(b) the amount of local funding each designated agency contributes
towards the home delivered meal assistance program.
(c) the point during the contract period each designated agency
expends all state funding for the home delivered meal assistance
S 3. The director of the office for the aging shall promulgate rules
and regulations he or she deems appropriate to effectuate the purposes
of this act.
S 4. The responsibility of the area agency shall be contingent upon
the state appropriation received pursuant to subdivision 1 of section
224 of the elder law for such services from the state. In no event shall
this section provide a private right of action by any person against the
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.