Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to health |
Apr 28, 2009 |
referred to health |
Assembly Bill A7898
2009-2010 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - In Assembly 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
Actions
2009-A7898 (ACTIVE) - Details
2009-A7898 (ACTIVE) - Summary
Defines the kind of assistance required for a recipient to obtain medicaid personal care services, as assistance with health and safety needs including hands-on assistance, supervision and cuing to ensure safe performance of activities of daily living and instrumental activities of daily living for persons with physical or cognitive impairments.
2009-A7898 (ACTIVE) - Sponsor Memo
BILL NUMBER:A7898 REPLACEMENT 5/21/10 TITLE OF BILL: An act to amend the social services law, in relation to defining the kind of assistance required for a recipient to obtain medicaid personal care services PURPOSE OF BILL: To clarify that personal care services include assistance with health and safety needs, including hands-on assistance, supervision and cuing, to ensure safe performance of ail activities of daily living, including instrumental activities of daily living, for persons with physical impairments as well as persons with limitations in cognitive functioning. SUMMARY OF PROVISIONS OF BILL: This bill amends Social Services Law §365-a(2)(e) to clarify the type of assistance to be provided by personal care aides in the Medicaid program. The bill clarifies that personal care includes hands-on assistance, supervision, and cuing, to ensure safe performance of all activities of daily living, including instrumental activities of daily living, for persons with physical, impairments or limitations in cognitive functioning. EXISTING LAW: The definition of personal care services in the state social services law is general, stating that they are services of an aide "... as determined to meet the recipient's needs for assistance when prescribed by a physician ..." SSL .365- a(2)(e).
2009-A7898 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7898 2009-2010 Regular Sessions I N A S S E M B L Y April 28, 2009 ___________ Introduced by M. of A. WEINSTEIN, JACOBS, ORTIZ -- Multi-Sponsored by -- M. of A. BRENNAN, CLARK, COLTON, COOK, CYMBROWITZ, DESTITO, DINOWITZ, GALEF, GLICK, GREENE, HIKIND, JOHN, McENENY, MILLMAN, SCARBOROUGH, SWEENEY -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to defining the kind of assistance required for a recipient to obtain medicaid personal care services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (e) of subdivision 2 of section 365-a of the social services law, as amended by chapter 170 of the laws of 1994, is amended to read as follows: (e) personal care services, including personal emergency response services, shared aide and an individual aide, furnished to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for the mentally retarded, or institution for mental disease, as determined to meet the recipient's needs for assist- ance [when cost effective and appropriate in accordance with section three hundred sixty-seven-k and section three hundred sixty-seven-o of this title], INCLUDING HANDS-ON ASSISTANCE, SUPERVISION AND CUING, TO ENSURE SAFE PERFORMANCE OF ALL ACTIVITIES OF DAILY LIVING AND INSTRU- MENTAL ACTIVITIES OF DAILY LIVING FOR PERSONS WITH PHYSICAL OR COGNITIVE IMPAIRMENTS, and when prescribed by a physician, in accordance with the recipient's plan of treatment and provided by individuals who are quali- fied to provide such services, who are supervised by a registered nurse and who are not members of the recipient's family, and furnished in the recipient's home or other location. ASSISTANCE WITH ACTIVITIES OF DAILY LIVING, AS USED IN THIS PARAGRAPH, INCLUDES ASSISTANCE WITH EATING, BATHING, DRESSING, GROOMING, TOILETING, MAINTAINING CONTINENCE, TRANSFERRING, MOBILITY INSIDE AND OUTSIDE OF THE HOME, AND ASSISTANCE WITH THE ADMINISTRATION OF MEDICATIONS BY THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07065-03-9
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