S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9044
 
                             I N  S E N A T E
 
                                May 5, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- (at request of the Office for the Aging)
   -- 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 informal caregiver  train-
   ing for adults and children with a special need
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206 of the elder law, subdivision 1 as  amended  by
 chapter  672  of  the  laws  of 2019, subparagraph 4 of paragraph (a) of
 subdivision 3 as added by chapter 269 of the laws of 2014, is amended to
 read as follows:
   § 206. Informal caregiver training. 1. The director is hereby  author-
 ized  and directed, to the extent appropriations are available therefor,
 to develop, establish and operate PERSON-CENTERED training and technical
 assistance programs, including  caregiver  resource  centers,  caregiver
 networks, and other support activities, for informal caregivers through-
 out  the state for the purposes of assisting such caregivers and improv-
 ing the quality of  DEPENDENT  care  [provided  to  frail  and  disabled
 persons. The director shall also make available and encourage the utili-
 zation  of  such training programs in consultation with the commissioner
 of health, the  commissioner  of  the  office  of  children  and  family
 services, the commissioner of mental health, and the commissioner of the
 office for people with developmental disabilities].
   2.  Definitions. For the purposes of this section: (a) "Informal care-
 giver" shall mean [the] AN UNPAID family member, FOSTER PARENT, or other
 [natural person] UNPAID ADULT who [normally] provides [the daily care or
 supervision] IN-HOME MONITORING, MANAGEMENT, SUPERVISION,  OR  TREATMENT
 of  a  [frail  or disabled person, or any family member or other natural
 person who contributes to and is involved in the caretaking responsibil-
 ities for such frail or disabled person. Such  informal  caregiver  may,
 but  need  not,  reside  in  the same household as the frail or disabled
 person] CHILD OR ADULT WITH A SPECIAL NEED.
   (b) "[Frail or disabled person] ADULT WITH A SPECIAL NEED" shall  mean
 [any  person  who  is unable to attend to his or her daily needs without

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

                                                            LBD13774-01-2
 S. 9044                             2

 the assistance or regular supervision of an informal  caregiver  due  to
 mental or physical impairment. Such definition shall not exclude persons
 under  eighteen  years of age who suffer from mental or physical impair-
 ment.]  A  PERSON  EIGHTEEN  YEARS  OF AGE OR OLDER WHO REQUIRES CARE OR
 SUPERVISION TO:
   (1) MEET THE PERSON'S BASIC NEEDS;
   (2) PREVENT PHYSICAL INJURY, SELF-INJURY OR INJURY TO OTHERS; OR
   (3) AVOID PLACEMENT IN AN INSTITUTIONAL FACILITY.
   (c) "CHILD WITH A SPECIAL NEED" SHALL MEAN  AN  INDIVIDUAL  LESS  THAN
 EIGHTEEN  YEARS  OF  AGE  WHO  REQUIRES  CARE OR SUPERVISION BEYOND THAT
 REQUIRED OF CHILDREN GENERALLY TO:
   (1) MEET THE CHILD'S BASIC NEEDS; OR
   (2) PREVENT PHYSICAL INJURY, SELF-INJURY OR INJURY TO OTHERS.
   (D) "Program" shall mean the program of  informal  caregiver  training
 and technical assistance established by this section.
   [(d)]  (E)  "Caregiver  resource  center"  shall mean a project funded
 pursuant to this section which provides services  and  activities  which
 are responsive to the needs and [contracts] CHOICES of informal caregiv-
 ers in regard to their caregiving responsibilities.
   [(e)]  (F)  "Caregiver  networks"  shall  mean  local coalitions which
 develop, coordinate, and implement action plans to identify and mobilize
 resources to address AND SUPPORT the unmet needs of CAREGIVERS  AND  THE
 frail and disabled persons [and their caregivers] THEY CARE FOR.
   3.  (a)  The  duties  of  the  director pursuant to this section shall
 include, but not be limited to:
   (1) [developing and make] CONNECT AND WORK IN  CONCERT  WITH  EXISTING
 COALITIONS, ORGANIZATIONS, TASK FORCES AND COUNCILS TO BETTER COORDINATE
 AND  LEVERAGE  RESOURCES,  TRAINING,  SERVICES  AND SUPPORTS TO MEET THE
 NEEDS OF CAREGIVERS AND THE FRAIL AND DISABLED PERSONS THEY CARE FOR.
   (2) MAKE available [or] AND  approve  [a  curriculum]  PERSON-CENTERED
 CAREGIVER  TRAINING  CURRICULA  for  informal  caregiver training, which
 considers and is easily adapted to an array of personal needs and  disa-
 bilities,  and which is sensitive to RACIAL, ethnic, and community char-
 acteristics;
   [(2) providing] (3)  PROVIDE  technical  assistance  and  training  to
 appropriate  organizations  and  groups,  including  caregiver  resource
 centers and caregiver networks, which, in turn, shall  provide  training
 and assistance to informal caregivers; and
   [(3)  providing]  (4)  PROVIDE grants to appropriate organizations and
 groups, including caregiver resource centers and caregiver networks,  to
 develop  and  make  available  approved curricula for informal caregiver
 training as well as disseminate information regarding  the  [curriculum]
 TRAINING CURRICULA.
   [(4)]  (5)  develop  guidelines  for  local area agencies on aging AND
 THEIR PARTNERS AND NETWORKS in order to provide the following:
   (i) information and assistance regarding gaining access  to  available
 services to assist informal caregivers;
   (ii)  resource  referrals  for informal caregivers regarding decision-
 making on behalf of the individual receiving care; [and]
   (iii) counseling referrals for informal caregivers[.]; AND
   (IV) COORDINATING WITH LIFESPAN RESPITE CARE AGENCIES AND  THE  STATE-
 WIDE RESPITE CARE COALITION.
   (b) Training and technical assistance shall include, but not be limit-
 ed to:
   (1)  knowledge  of  major health problems and diseases, mental ILLNESS
 and physical disabilities, COGNITIVE IMPAIRMENT, and the aging process;
 S. 9044                             3

   (2) practical skills required in providing HANDS-ON AND personal  care
 and support;
   (3)  stress  awareness  and  methods  of dealing with stress caused by
 providing care;
   (4) financial management; and
   (5) identification and utilization of ALL available resources, includ-
 ing THOSE ADMINISTERED  BY  OTHER  STATE  AND  LOCAL  AGENCIES,  THE  NY
 CONNECTS  RESOURCE DIRECTORY, benefits, entitlements, and other programs
 and assistance.
   4. The director shall[:
   (a) Promulgate] PROMULGATE any  rules  and  regulations  necessary  to
 carry out the provisions of this section.
   [(b)  On or before the first day of January every other year, submit a
 report to the governor, the temporary president of the  senate  and  the
 speaker of the assembly, which shall include, but not be limited to:
   (1) a financial report of the program's operation;
   (2)  a  profile  of persons or groups receiving training and technical
 assistance pursuant to this section; and
   (3) an analysis of the program's success in assisting  informal  care-
 givers and improving the quality of care provided by such persons.]
   § 2. This act shall take effect immediately.