S T A T E   O F   N E W   Y O R K
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                                  5864

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M.  of  A.  LIFTON, KOON, ENGLEBRIGHT, ABBATE, BACALLES,
  BENEDETTO, BURLING, CLARK, COLTON,  COOK,  GUNTHER,  JAFFEE,  LUPARDO,
  MAISEL,  MAYERSOHN,  MILLMAN, REILLY, J. RIVERA, ROSENTHAL, SCHROEDER,
  TITUS, ESPAILLAT, JOHN -- Multi-Sponsored by --  M.  of  A.  BENJAMIN,
  BOYLAND,  CAHILL,  DESTITO,  GABRYSZAK, HOOPER, HYER-SPENCER, McENENY,
  O'DONNELL, ORTIZ, PEOPLES-STOKES,  PHEFFER,  SWEENEY,  TITONE,  TOWNS,
  WEISENBERG, WRIGHT -- read once and referred to the Committee on Aging

AN  ACT  to amend the elder law, in relation to establishing a long term
  care worker training pilot program; and providing for  the  repeal  of
  such provisions upon the expiration thereof

  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  218-a  to
read as follows:
  S  218-A. LONG TERM CARE WORKER TRAINING PILOT PROGRAM.  1. THE DIREC-
TOR, WITHIN AMOUNTS APPROPRIATED THEREFOR, SHALL ESTABLISH A  LONG  TERM
CARE  WORKER  TRAINING PILOT PROGRAM FOR THE PURPOSE OF EXPANDING ACCESS
TO ENHANCED EDUCATION AND TRAINING ACROSS  THE  CONTINUUM  OF  CARE  FOR
HEALTH  CARE  AND  SOCIAL SERVICES PRACTITIONERS WHO PROVIDE SERVICES TO
ELDERLY PERSONS AS DEFINED  BY  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF
SECTION  TWO HUNDRED FOURTEEN OF THIS TITLE. EMPHASIS SHALL BE PLACED ON
TRAINING TRAINERS INCLUDING, BUT NOT LIMITED TO, TRAINERS FROM  COLLEGE,
UNIVERSITY  AND  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES FACULTY, AND
STAFF OF PROVIDER AGENCIES IN HIGH NEEDS AREAS, AS  SET  FORTH  IN  THIS
SECTION,  WHO PROVIDE EDUCATION AND TRAINING FOR HOME CARE, NURSE AIDES,
PERSONAL CARE AIDES, CASE MANAGERS IN THE EXPANDED IN-HOME SERVICES  FOR
THE ELDERLY PROGRAM, INFORMATION AND REFERRAL SPECIALISTS INCLUDING, BUT
NOT LIMITED TO, THOSE WORKING FOR NOT-FOR-PROFIT CORPORATIONS, MUNICIPAL
GOVERNMENTS,  NEW YORK CONNECTS-CHOICES FOR LONG TERM CARE, SOCIAL ADULT
DAY CARE, ADULT DAY CARE AND OTHER CAREGIVERS WITH HANDS-ON RESPONSIBIL-
ITIES FOR ELDERLY CLIENTS. THE GOAL SHALL BE TO IMPROVE THE  QUALITY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD05158-01-9
              

A. 5864                             2

CARE  PROVIDED  TO  THE ELDERLY, TO ENSURE THAT INDIVIDUALS WORKING WITH
THE ELDERLY AND THEIR FAMILIES HAVE CORE COMPETENCIES IN GERIATRICS,  TO
IMPROVE  RECRUITMENT  AND  RETENTION,  AND  TO  ASSIST PROVIDERS TO MEET
TRAINING  NEEDS,  INCLUDING REQUIREMENTS ESTABLISHED BY REGULATORY AGEN-
CIES. THE DIRECTOR SHALL COORDINATE SUCH  EFFORTS  IN  CONJUNCTION  WITH
ONGOING  TRAINING  AND  CERTIFICATION  SERVICES  AND REQUIREMENTS OF THE
DEPARTMENT OF HEALTH; OFFICE OF MENTAL HEALTH; OFFICE OF ALCOHOLISM  AND
SUBSTANCE  ABUSE SERVICES; STATE COMMISSION ON QUALITY OF CARE AND ADVO-
CACY FOR PERSONS WITH DISABILITIES; EDUCATION DEPARTMENT; STATE  UNIVER-
SITY OF NEW YORK; OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND SUCH
OTHER  AGENCIES  AS APPROPRIATE. SUCH TRAINING SHALL BE COORDINATED WITH
COMMUNITY BASED AGENCIES INCLUDING, BUT NOT LIMITED TO,  COUNTY  HEALTH,
MENTAL  HEALTH  AND  SOCIAL SERVICES DEPARTMENTS; COUNTY OFFICES FOR THE
AGING; COLLEGES AND  UNIVERSITIES;  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES; LONG TERM CARE PROVIDERS; AREA HEALTH EDUCATION CENTERS; RURAL
HEALTH  NETWORKS;  AND  SUCH OTHER AGENCIES AS APPROPRIATE. THE DIRECTOR
SHALL PROVIDE A METHOD FOR  ONGOING  EVALUATION  AND  REPORTING  ON  THE
SUCCESS OF THIS PILOT PROGRAM IN MEETING ITS STATED GOALS.
  2.  THE DIRECTOR, WITHIN AMOUNTS APPROPRIATED THEREFOR, AND IN CONSUL-
TATION WITH THE AGENCIES THE DIRECTOR IS  REQUIRED  TO  COORDINATE  WITH
PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, SHALL CONTRACT WITH ONE OR
MORE COLLEGES OR UNIVERSITIES WITH A RECOGNIZED INSTITUTE ON  GERONTOLO-
GY,  TO  ASSIST IN THE DESIGN, IMPLEMENTATION AND EVALUATION OF THE LONG
TERM CARE WORKER TRAINING PILOT PROGRAM, INCLUDING THE IDENTIFICATION OF
HIGH NEEDS AREAS WHERE A SHORTAGE OF GERIATRIC  TRAINING  RESOURCES  AND
DIFFICULTIES IN ACCESSING SUCH TRAINING ARE DOCUMENTED.
  3.  ON  OR  BEFORE  THE  FIRST  OF SEPTEMBER OF THE CALENDAR YEAR NEXT
SUCCEEDING THE YEAR IN WHICH THE CHAPTER OF THE  LAWS  OF  TWO  THOUSAND
NINE WHICH ADDED THIS SECTION TAKES EFFECT, AND EVERY SECOND YEAR THERE-
AFTER,  THE DIRECTOR SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE ON
THE ACTIVITIES UNDERTAKEN TO DESIGN, IMPLEMENT  AND  EVALUATE  THE  LONG
TERM  CARE WORKER TRAINING PILOT PROGRAM. SUCH REPORT SHALL INCLUDE DATA
RELATING TO PROGRAM ACTIVITIES, OUTCOMES AND OTHER PERTINENT INFORMATION
NECESSARY TO EVALUATE THE EFFECTIVENESS OF THE PILOT PROGRAM  IN  ACCOM-
PLISHING ITS STATED GOALS.
  S  2. This act shall take effect on the first of April of the calendar
year next succeeding the year in which it shall have become a  law,  and
shall expire and be deemed repealed 6 years after it shall take effect.