S T A T E O F N E W Y O R K
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2078
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. MORELLE, ORTIZ, CLARK -- Multi-Sponsored by -- M.
of A. ARROYO, V. LOPEZ -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to providing personal
emergency response services as part of home care services, and making
an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3602 of the public health law is amended by adding
a new subdivision 8-a to read as follows:
8-A. "PERSONAL EMERGENCY RESPONSE SERVICES" MEANS (A) THE PROVISION
AND MAINTENANCE OF ELECTRONIC COMMUNICATION EQUIPMENT IN THE HOME OF AN
INDIVIDUAL WHICH SIGNALS A MONITORING AGENCY FOR HELP WHEN ACTIVATED BY
THE INDIVIDUAL, OR AFTER A PERIOD OF TIME IF A TIMER MECHANISM HAS NOT
BEEN RESET, AND (B) THE CONTINUOUS MONITORING OF SUCH SIGNALS BY A
TRAINED OPERATOR AND, IN CASE OF RECEIPT OF SUCH SIGNAL, THE IMMEDIATE
NOTIFICATION OF SUCH EMERGENCY RESPONSE ORGANIZATIONS OR PERSONS, IF
NECESSARY, AS THE INDIVIDUAL HAS PREVIOUSLY SPECIFIED.
S 2. The public health law is amended by adding a new section 3611-b
to read as follows:
S 3611-B. APPLICATION FOR GRANTS TO ESTABLISH OR EXPAND PERSONAL EMER-
GENCY RESPONSE SERVICES. 1. A HOSPITAL, RESIDENTIAL HEALTH CARE FACILI-
TY, CERTIFIED HOME HEALTH AGENCY OR LONG-TERM HOME HEALTH CARE PROGRAM,
OR ANY OTHER NOT-FOR-PROFIT OR PUBLIC ORGANIZATION SEEKING GRANTS TO
ESTABLISH OR EXPAND PERSONAL EMERGENCY RESPONSE SERVICES SHALL TRANSMIT
TO THE COMMISSIONER AN APPLICATION SETTING FORTH THE SCOPE OF THE
PROPOSED SERVICE. THE APPLICATION SHALL INCLUDE A DETAILED DESCRIPTION
OF THE PROPOSED SERVICE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
(A) AN OUTLINE OF THE INSTITUTION'S OR AGENCY'S PLANS FOR THE SERVICE;
(B) THE NEED FOR THE PROPOSED SERVICE;
(C) THE NUMBER AND TYPES OF PERSONNEL TO BE EMPLOYED;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04911-01-9
A. 2078 2
(D) THE ABILITY OF THE AGENCY, HOSPITAL OR FACILITY TO PROVIDE THE
SERVICE;
(E) THE ESTIMATED NUMBER OF INDIVIDUALS TO BE SERVED;
(F) THE GEOGRAPHIC AREA IN WHICH THE PROPOSED SERVICE WILL BE
PROVIDED;
(G) A DEMONSTRATION THAT THE PROPOSED SERVICE IS FEASIBLE AND IS PART
OF A COMPREHENSIVE HOME CARE SERVICE SYSTEM; AND
(H) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
2. (A) THE COMMISSIONER MAY, WITHIN THE AMOUNT APPROPRIATED THEREFOR,
MAKE GRANTS TO CERTIFIED HOME HEALTH AGENCIES, HOSPITALS, RESIDENTIAL
HEALTH CARE FACILITIES OR LONG-TERM HOME HEALTH CARE PROGRAMS, OR ANY
OTHER NOT-FOR-PROFIT OR PUBLIC ORGANIZATION FOR THE PURPOSE OF INCREAS-
ING THE AVAILABILITY OF THE PERSONAL EMERGENCY RESPONSE SERVICES. IN
AWARDING GRANTS PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL TAKE
INTO CONSIDERATION, IN RELATION TO THE AREA SERVED, THE FOLLOWING
FACTORS: THE NUMBER OF INDIVIDUALS TO BE SERVED BY THE SERVICE; THE
SCOPE, QUANTITY AND ACCESSIBILITY OF THE SERVICE PROPOSED; THE ABILITY
OF THE AGENCY TO CONTINUE TO PROVIDE THE PERSONAL EMERGENCY RESPONSE
SERVICES UPON THE EXPIRATION OF THE GRANT; THE ABILITY OF THE ELIGIBLE
CLIENT TO SUPPLEMENT ANY ADDITIONAL FUNDING FOR IMPLEMENTING THE
SERVICE; THAT THE AGENCY PROVIDES FOR THE APPROPRIATE UTILIZATION AND
COORDINATION OF THE SERVICE WITH OTHER HOME CARE SERVICES; AND ANY SUCH
OTHER FACTORS AS THE COMMISSIONER MAY DETERMINE AS RELEVANT TO THE
PUBLIC NEED FOR PERSONAL EMERGENCY RESPONSE SERVICES.
(B) SUCH GRANTS SHALL NOT EXCEED FIFTEEN THOUSAND DOLLARS PER ANNUM
AND ARE NOT RENEWABLE. GRANTS ARE ALSO AVAILABLE OF UP TO FIFTY PERCENT
OF THE COSTS TO THOSE AGENCIES WHO ARE PRESENTLY PROVIDING PERSONAL
EMERGENCY RESPONSE SERVICES AND WISH TO EXPAND THE SERVICE.
(C) THE COMMISSIONER, AFTER CONSULTATION WITH THE STATE COUNCIL ON
HOME CARE SERVICES, SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
ADMINISTER THIS SECTION. THE STATE COUNCIL ON HOME CARE SERVICES SHALL
ADVISE THE DEPARTMENT OF THE AVAILABILITY AND QUALITY OF THE PERSONAL
EMERGENCY RESPONSE SERVICES AND ON THE METHODS THAT MAY BE USED TO
ENHANCE THE AVAILABILITY, APPROPRIATE UTILIZATION AND COORDINATION OF
THE SERVICE THROUGH THE IMPLEMENTATION OF THE GRANT SYSTEM.
S 3. The sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated out of any moneys in
the state treasury in the general fund to the credit of the state
purposes account, not otherwise appropriated, and made immediately
available to the commissioner of health to pay the expenses including
personal service, in carrying out the provisions of this act. Such
moneys shall be payable out of the state treasury after audit by and on
the warrant of the comptroller upon vouchers certified or approved by
the commissioner of health as prescribed by law.
S 4. This act shall take effect one year after the date on which it
shall have become a law.