NY State Senate Bill 2009-S3340

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2010	notice of committee consideration - requested
Feb 22, 2010	reported and committed to finance
Jan 06, 2010	referred to aging
Oct 21, 2009	print number 3340d
Oct 21, 2009	amend and recommit to finance
Sep 25, 2009	print number 3340c
Sep 25, 2009	amend (t) and recommit to finance
Jun 02, 2009	print number 3340b
Jun 02, 2009	amend and recommit to finance
Jun 01, 2009	reported and committed to finance
May 14, 2009	print number 3340a
May 14, 2009	amend and recommit to aging
Mar 16, 2009	referred to aging

Votes

- Feb 22, 2010 - Aging Committee Vote
  S3340
  
  Aye
  
  8
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Aging Committee Vote: Feb 22, 2010
      
      aye (8)
      
      Addabbo Jr.
      
      Diaz
      
      Golden
      
      Kruger
      
      Oppenheimer
      
      Savino
      
      Serrano
      
      Stavisky
      
      nay (2)
      
      Flanagan
      
      Ranzenhofer
      
      aye wr (2)
      
      Farley
      
      LaValle

Bill Amendments

Original

D (Active)

2009-S3340 - Details

Current Committee:: Senate Finance
Laws Affected:: Add §224, Eld L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S348
2013-2014: S1679
2015-2016: S348
2017-2018: S4914

2009-S3340 - Summary

Establishes the home delivered meal assistance program.

2009-S3340 - Sponsor Memo

                                 BILL NUMBER:  S3340               REVISED 03/24/09

 TITLE OF BILL :
An act to amend the elder law, in relation to establishing the
supplemental nutrition assistance program


 PURPOSE :
Establishes the supplemental nutrition assistance program.

 SUMMARY OF PROVISIONS :
Section 1. Provides that any person over sixty years of age, or that
person's spouse, who is deemed eligible according to an assessment
conducted by the local area agency on aging, shall be eligible to
receive services of the supplemental nutrition assistance program.

Section 2. Effective Date

 JUSTIFICATION :
SNAP began in 1984 as the Governor's Initiative to "improve health
status and well-being of its most fragile citizens by reducing their
levels of hunger, malnutrition and nutritionally related illness."
Programs were expected t,o "provide nutritious food supplementation
and be designed to target the needs of individuals, who are either
homeless, frail elderly, or low-income women, infants and children who
are at nutritional risk."

Frail Elderly are identified as persons over age 60 at or near the
poverty level who are mentally or physically disabled, socially
isolated or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who were below or
near the poverty level and living alone; who had one of the following
chronic diseases: heart disease, cancer, diabetes, chronic obstructive
lung disease, arthritis. Minority individuals were expected to be a
substantial part of the priority group.

SNAP funds may be used by local programs to provide the following
services:  congregate and home delivered meals, case management,
nutrition counseling and nutrition education, assisted
transportation/escort, transportation, information and assistance,
outreach, in-home contact and support, senior center/recreation &
education. The greatest portion of SNAP funds are used for
home-delivered meals.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home. Yet 70% of those in immediate need of
home-delivered meals are not receiving them due to inadequate funding.
Current statistics from three counties report that almost 800 frail
elderly are eligible for, but not receiving home delivered meals:
Suffolk, 273; Nassau, 413; Erie, 106. Other counties report that they
typically run out of State funding for SNAP in July or August of each
year. As a result, these counties rely on local tax dollars in order
to supplement funding for this State program.

This legislation seeks to fully fund SNAP in order to eliminate
waiting lists and to reduce the financial burden on local governments.

 LEGISLATIVE HISTORY :
New bill.

 FINANCIAL IMPLICATION TO STATE AND LOCAL GOVERNMENTS :
Anticipated savings to local Governments.

A fiscal note from the NYS Office for the Aging has been received and
is on file with the Senate Finance Committee. Anticipated cost to New
York State:  $200,257,596.
 EFFECTIVE DATE :
Immediately.

2009-S3340 - Bill Text download pdf

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

                                  3340

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

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  supple-
  mental nutrition 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. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 1. ANY PERSON SIXTY
YEARS OF AGE OR OLDER IS ELIGIBLE TO RECEIVE  SERVICES  OF  THE  SUPPLE-
MENTAL NUTRITION ASSISTANCE PROGRAM PROVIDED THAT SUCH PERSON:
  (A) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY; AND
  (B) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
  (C)  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.
  2.  THE  SPOUSE  OF  SUCH  A  PERSON,  REGARDLESS  OF AGE, MAY RECEIVE
SERVICES OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IF,  ACCORDING
TO  CRITERIA  DETERMINED BY THE AREA AGENCY, RECEIPT OF SUCH SERVICES IS
IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
  3. THE AREA AGENCY MUST  ENSURE  THAT  EACH  PERSON  REFERRED  FOR  OR
REQUESTING  SERVICES OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IS
ASSESSED TO DETERMINE THE NEED FOR SUCH SERVICES.
  (A) THE AREA AGENCY MUST ALSO DOCUMENT ADEQUATE  FOLLOW-UP  AND  REAS-
SESSMENT.
  (B) THE AREA AGENCY MUST ASSURE THE USE OF STANDARDIZED CLIENT ASSESS-
MENT PROCEDURES THAT ARE CONSISTENT WITH THE OFFICE'S GUIDELINES.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10536-01-9

co-Sponsors

View additional co-sponsors

2009-S3340A - Details

Current Committee:: Senate Finance
Laws Affected:: Add §224, Eld L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S348
2013-2014: S1679
2015-2016: S348
2017-2018: S4914

2009-S3340A - Summary

Establishes the home delivered meal assistance program.

2009-S3340A - Sponsor Memo

                                 BILL NUMBER:  S3340A              REVISED 05/29/09

 TITLE OF BILL :
An act to amend the elder law, in relation to establishing the
supplemental nutrition assistance program


 PURPOSE :
Establishes the supplemental nutrition assistance program.

 SUMMARY OF PROVISIONS :
Section 1. Provides that any person over sixty years of age, or that
person's spouse, who is deemed eligible according to an assessment
conducted by the local area agency on aging, shall be eligible to
receive services of the supplemental nutrition assistance program:

Section 2: Reporting Requirement

Section 3: Effective Date

 JUSTIFICATION :
SNAP began in 1954 as the Governor's Initiative to "improve health
status and well-being of its most fragile citizens by reducing the
their levels of hunger, malnutrition and nutritionally related
illness".  Programs were expected to "provide nutritious food
supplementation and be designed to target the needs of individuals,

who are either homeless, frail elderly, or low-income women, infants
and children who are at nutritional risk."

Frail Elderly are identified as persons over age 60 at or near the
poverty level who are mentally or physically disabled, socially
isolated or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who were below or
near the poverty level and living alone; who had one of the following
chronic diseases: heart disease, cancer, diabetes, chronic obstructive
lung disease, arthritis. Minority individuals were expected to be a
substantial part of the priority group.

SNAP funds may be utilized by local programs to provide the following
services:  congregate and home delivered meals, case management,
nutrition counseling and nutrition education, assisted
transportation/escort, transportation, information and assistance,
outreach, in-home contact and support, senior center/recreation &
education. The greatest portion of SNAP funds are used for
home-delivered meals.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home. Yet 70% of those in immediate need of
home-delivered meals are not receiving them due to inadequate funding.
Current statistics from three counties report that almost 800 frail
elderly are eligible for, but not receiving home delivered meals:
Suffolk, 273; Nassau, 413; Erie, 106. Other counties report that they
typically run out of State funding for SNAP in July or August of each
year. As a result, these counties rely on local tax dollars in order
to supplement funding for this State program.

This legislation seeks to fully fund SNAP in order to eliminate
waiting lists and to reduce the financial burden on local governments.

 LEGISLATIVE HISTORY :
New bill.

 FINANCIAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS :
Anticipated savings to local Governments.


Fiscal impact to New York state to be determined based on receipt of
reporting requirements as provided in section 2 of the legislation.

 EFFECTIVE DATE :
Immediately.

2009-S3340A - Bill Text download pdf

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

                                 3340--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by Sens. DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER, MONSERRATE,
  ONORATO, OPPENHEIMER, PERKINS, STEWART-COUSINS, THOMPSON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Aging -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the elder law, in relation to establishing the supple-
  mental nutrition 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. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 1. ANY PERSON  SIXTY
YEARS  OF  AGE  OR  OLDER IS ELIGIBLE TO RECEIVE SERVICES OF THE SUPPLE-
MENTAL NUTRITION ASSISTANCE PROGRAM PROVIDED THAT SUCH PERSON:
  (A) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY; AND
  (B) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
  (C) 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.
  2. THE SPOUSE OF  SUCH  A  PERSON,  REGARDLESS  OF  AGE,  MAY  RECEIVE
SERVICES  OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IF, ACCORDING
TO CRITERIA DETERMINED BY THE AREA AGENCY, RECEIPT OF SUCH  SERVICES  IS
IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
  3.  THE  AREA  AGENCY  MUST  ENSURE  THAT  EACH PERSON REFERRED FOR OR
REQUESTING SERVICES OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM  IS
ASSESSED TO DETERMINE THE NEED FOR SUCH SERVICES.
  (A)  THE  AREA  AGENCY MUST ALSO DOCUMENT ADEQUATE FOLLOW-UP AND REAS-
SESSMENT.
  (B) THE AREA AGENCY MUST ASSURE THE USE OF STANDARDIZED CLIENT ASSESS-
MENT PROCEDURES THAT ARE CONSISTENT WITH THE OFFICE'S GUIDELINES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10536-06-9

S. 3340--A                          2

  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 found to be eligible for the supplemental
nutrition assistance program but who have not receive such services from
the supplemental nutrition assistance program.
  (b) the amount each designated agency contributes with local  taxpayer
dollars towards the supplemental nutrition assistance program. The local
contribution  reported  by  each designated agency shall not include the
amount of funding each designated  agency  receives  through  the  state
office  for  the  aging  pursuant  to  the  Older American's Act for the
congregate meals or home delivered meals program.
  (c) the point  during  the  contract  period  each  designated  agency
expends  all  its  funding  from  the  supplemental nutrition assistance
program.

  S 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S3340B - Details

Current Committee:: Senate Finance
Laws Affected:: Add §224, Eld L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S348
2013-2014: S1679
2015-2016: S348
2017-2018: S4914

2009-S3340B - Summary

Establishes the home delivered meal assistance program.

2009-S3340B - Sponsor Memo

                                 BILL NUMBER:  S3340B

 TITLE OF BILL :
An act to amend the elder law, in relation to establishing the
supplemental nutrition assistance program


 PURPOSE :
Establishes the supplemental nutrition assistance program.

 SUMMARY OF PROVISIONS :
Section 1. Provides that subject to state appropriation any person
over sixty years of age, or that person's spouse, who is deemed
eligible according to an assessment conducted by the local area agency
on aging, shall be eligible to receive services of the supplemental
nutrition assistance program.

Section 2. Reporting Requirement.

Section 3. Specifies that the responsibility of the Area Agency shall
be contingent upon the appropriation received pursuant to section 1.
Prohibits a private right of action against the Area Agency.

Section 4. Provides that the State Office for the Aging shall
implement rules and regulations.

Section 5. Eftective Date

 JUSTIFICATION :

SNAP began in 1984 as the Governor's Initiative to "improve health
status and well-being of its most fragile citizens by reducing their
levels of hunger, malnutrition and nutritionally related illness."
Programs were expected to "provide nutritious food supplementation and
be designed to target the needs of individuals, who are either
homeless, frail elderly, or low-income women, infants and children who
are at nutritional risk."

Frail Elderly are identified as persons over age 60 at or near the
poverty level who are mentally or physically disabled, socially
isolated or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who were below or
near the poverty level and living alone; who had one of the following
chronic diseases; heart disease, cancer, diabetes, chronic obstructive
lung disease, arthritis. Minority individuals were expected to be a
substantial part of the priority group.

SNAP funds may be used by local programs to provide the following
services:  congregate and home delivered meals, case management,
nutrition counseling and nutrition education, assisted
transportation/escort, transportation, information and assistance,
outreach, in-home contact and support, senior center/recreation &
education. The greatest portion of SNAP funds are used for
home-delivered meals.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home. Yet 70% of those in immediate need of
home-delivered meals are not receiving them due to inadequate funding.
Several counties have reported seniors on waiting lists and other
counties report that they typically run out of State funding for SNAP
in July or August of each year. As a result, some counties rely on
local tax dollars in order to supplement funding for this State
program in order to provide SNAP services.

This legislation seeks to fully fund SNAP in order to eliminate
waiting lists and to reduce the financial burden on local governments.
 LEGISLATIVE HISTORY :
New bill.

 FINANCIAL IMPLICATION TO STATE AND LOCAL GOVERNMENTS :

Anticipated savings to local Governments.

Fiscal impact subject to state appropriation.

 EFFECTIVE DATE :
180 days after it shall have become law.

2009-S3340B - Bill Text download pdf

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

                                 3340--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by Sens. DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER, MONSERRATE,
  ONORATO, OPPENHEIMER, PERKINS, STEWART-COUSINS, THOMPSON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Aging -- committee discharged, bill amended, ordered  reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the elder law, in relation to establishing the supple-
  mental nutrition 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. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 1.  SUBJECT TO STATE
APPROPRIATION, ANY PERSON SIXTY YEARS OF AGE OR  OLDER  IS  ELIGIBLE  TO
RECEIVE  SERVICES  OF  THE  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM
PROVIDED THAT SUCH PERSON:
  (A) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY; AND
  (B) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
  (C) 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.
  2. THE SPOUSE OF  SUCH  A  PERSON,  REGARDLESS  OF  AGE,  MAY  RECEIVE
SERVICES  OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IF, ACCORDING
TO CRITERIA DETERMINED BY THE AREA AGENCY, RECEIPT OF SUCH  SERVICES  IS
IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
  3.  THE  AREA  AGENCY  MUST  ENSURE  THAT  EACH PERSON REFERRED FOR OR
REQUESTING SERVICES OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM  IS
ASSESSED TO DETERMINE THE NEED FOR SUCH SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10536-09-9

S. 3340--B                          2

  (A)  THE  AREA  AGENCY MUST ALSO DOCUMENT ADEQUATE FOLLOW-UP AND REAS-
SESSMENT.
  (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 found to be eligible for the supplemental
nutrition assistance program but who have  not  received  such  services
from the supplemental nutrition assistance program.
  (b)  the amount each designated agency contributes with local taxpayer
dollars towards the supplemental nutrition assistance program. The local
contribution reported by each designated agency shall  not  include  the
amount  of  funding  each  designated  agency receives through the state
office for the aging and the local match  required  by  each  designated
agency  pursuant to the Older American's Act for the congregate meals or
home delivered meals program.
  (c) the point  during  the  contract  period  each  designated  agency
expends  all  its  funding  from  the  supplemental nutrition assistance
program.
  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
area agency.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2009-S3340C - Details

Current Committee:: Senate Finance
Laws Affected:: Add §224, Eld L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S348
2013-2014: S1679
2015-2016: S348
2017-2018: S4914

2009-S3340C - Summary

Establishes the home delivered meal assistance program.

2009-S3340C - Sponsor Memo

                                 BILL NUMBER:  S3340C

 TITLE OF BILL :
An act to amend the elder law, in relation to establishing the home
delivered meal assistance program


 PURPOSE :
Establishes the home delivered meal assistance program.

 SUMMARY OF PROVISIONS :
Section 1. Provides that subject to state appropriation any person
who: is over sixty years of age or that person's spouse; and meets
established criteria; and receives a standardized assessment conducted
by the local area agency on aging; and is currently on a waiting list
and not receiving home delivered meal services due to inadequate
funding, shall receive the services of the home delivered meal
assistance program.

Section 2. Area agencies on aging reporting requirements.

Section 3. Provides that the State Office for the Aging shall
implement rules and regulations for the effective implementation of
this act.

Section 4. Specifies that the responsibility of the area agency on

aging shall be contingent upon the appropriation received pursuant to
section 1.  Prohibits a private right of action against the Area
Agency.

Section 5. Effective Date

 JUSTIFICATION :
The supplemental nutrition assistance program began in 1984 as the
Governor's Initiative to "improve health status and well-being of its
most fragile citizens by reducing their levels of hunger, malnutrition
and nutritionally related illness." Programs were expected to "provide
nutritious food supplementation and be designed to target the needs of
individuals, who are either homeless, frail elderly, or low-income
women, infants and children who are at nutritional risk." The home
delivered meal assistance program to the frail elderly is one
component of these important nutrition programs.

Frail Elderly are identified as persons over age 60 at or near the
poverty level who are mentally or physically disabled, socially
isolated or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who were below or
near the poverty level and living alone; who had one of the following
chronic diseases: heart disease, cancer, diabetes, chronic obstructive
lung disease, arthritis. Minority individuals were expected to be a
substantial part of the priority group.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home. Several counties have reported seniors on
waiting lists and other counties report that they typically run out of
State funding for home delivered meals in July or August of each year.
As a result, some counties rely on local tax dollars in order to
supplement funding for this State program in order to continue to
provide home delivered meals.

Current waiting lists for home delivered meals are not required to be
reported to the New York State Office for the Aging. However, recent
changes to this program in New York City revealed that there are about
1,200 older adults ages 60 and over on waiting lists to receive the
meals. Given that New York City represents 39% of the states older

adult population, we can infer the statewide waiting lists to be about
3,100.

This legislation seeks to provide adequate funding for the home
delivered meal assistance program in order to eliminate current
waiting lists that exist due to inadequate state funding.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
State Fiscal Impact: Anticipated cost to state $4,235,200 million.

 EFFECTIVE DATE :
180 days after it shall have become law.

2009-S3340C - Bill Text download pdf

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

                                 3340--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by Sens. DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER, MONSERRATE,
  ONORATO, OPPENHEIMER, PERKINS, STEWART-COUSINS, THOMPSON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Aging -- committee discharged, bill amended, ordered  reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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.  SUBJECT TO STATE
APPROPRIATION, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10536-11-9

S. 3340--C                          2

  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
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-
SESSMENT.
  (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 found to be eligible for the home delivered
meal assistance program but who have not received such services.
  (b) the amount each designated agency contributes with local  taxpayer
dollars  towards  the  home delivered meal assistance program. The local
contribution reported by each designated agency shall  not  include  the
amount  of  funding  each  designated  agency receives through the state
office for the aging and the local match  required  by  each  designated
agency  pursuant to the Older American's Act for the congregate meals or
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
program.
  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
area agency.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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2009-S3340D (ACTIVE) - Details

Current Committee:: Senate Finance
Laws Affected:: Add §224, Eld L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S348
2013-2014: S1679
2015-2016: S348
2017-2018: S4914

2009-S3340D (ACTIVE) - Summary

Establishes the home delivered meal assistance program.

2009-S3340D (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3340D

 TITLE OF BILL :
An act to amend the elder law, in relation to establishing the home
delivered meal assistance program


 PURPOSE :
Establishes the home delivered meal assistance program.

 SUMMARY OF PROVISIONS :
Section 1. Provides that any person who: is over sixty years of age or
that person's spouse, and meets established criteria, and receives a
standardized assessment conducted by the local area agency on aging,
and is currently on a waiting list and not receiving home delivered
meal services due to inadequate funding, shall receive the services of
the home delivered meal assistance program.

Section 2. Area agencies on aging reporting requirements.

Section 3. Provides that the State Office for the Aging shall
implement rules and regulations for the effective implementation of
this act.

Section 4. Specifies that the responsibility of the area agency on
aging shall be contingent upon the appropriation received pursuant to

section 1.  Prohibits a private right of action against the Area
Agency.

Section 5. Effective Date

 JUSTIFICATION :
The supplemental nutrition assistance program began in 1984 as the
Governor's Initiative to "improve health status and well-being of its
most fragile citizens by reducing their levels of hunger, malnutrition
and nutritionally related illness." Programs were expected to "provide
nutritious food supplementation and be designed to target the needs of
individuals, who are either homeless, frail elderly, or low-income
women, infants and children who are at nutritional risk." The home
delivered meal assistance program to the frail elderly is one
component of these important nutrition programs.

Frail Elderly are identified as persons over age 60 at or near the
poverty level who are mentally or physically disabled, socially
isolated or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who were below or
near the poverty level and living alone; who had one of the following
chronic diseases: heart disease, cancer, diabetes, chronic obstructive
lung disease, arthritis. Minority individuals were expected to be a
substantial part of the priority group.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home. Several counties have reported seniors on
waiting lists and other counties report that they typically run out of
State funding for home delivered meals in July or August of each year.
As a result, some counties rely on local tax dollars in order to
supplement funding for this State program in order to continue to
provide home delivered meals.

Current waiting lists for home delivered meals are not required to be
reported to the New York State Office for the Aging. However, recent
changes to this program in New York City revealed that there are about
1,200 older adults ages 60 and over on waiting lists to receive the
meals. Given that New York City 'represents 39% of the states older
adult population, we can infer the statewide waiting lists to be about
3,100.
This legislation seeks to provide adequate funding for the home
delivered meal assistance program in order to eliminate current
waiting lists that exist due to inadequate state funding.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
State Fiscal impact: Anticipated cost to state $4,235,200 million

 EFFECTIVE DATE :
180 days after it shall have become law

2009-S3340D (ACTIVE) - Bill Text download pdf

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

                                 3340--D

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sens.  DIAZ,  ADDABBO, DILAN, HASSELL-THOMPSON, KRUEGER,
  MONSERRATE, ONORATO, OPPENHEIMER, PERKINS, STAVISKY,  STEWART-COUSINS,
  THOMPSON  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on  Aging  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported favorably from said committee  and  committed  to  the
  Committee  on  Finance  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10536-13-9

S. 3340--D                          2

  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
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-
SESSMENT.
  (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
program.
  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
area agency.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S3340

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