S T A T E   O F   N E W   Y O R K
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                                  1301

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 providing for a  volunteer
  program for in-home respite care of the elderly

  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 two new  sections  219-a
and 219-b to read as follows:
  S  219-A.  VOLUNTEER  PROGRAM FOR IN-HOME RESPITE CARE OF THE ELDERLY;
CREDIT FOR SERVICE, LIMITATION. THE OFFICE  SHALL  ESTABLISH  A  PROGRAM
UNDER  WHICH  ELDERLY  PERSONS  WHO  ARE SIXTY YEARS OF AGE OR OLDER AND
OTHERS WHO HAVE DESIGNATED AN ELDERLY PERSON AS A BENEFICIARY MAY VOLUN-
TEER THEIR TIME AND SERVICES TO AN IN-HOME SERVICE OR  VOLUNTARY  AGENCY
SERVING  THE  ELDERLY WHICH IS APPROVED BY THE OFFICE AND RECEIVE CREDIT
FOR PROVIDING VOLUNTEER RESPITE SERVICE, WHICH CREDIT MAY THEN BE  DRAWN
UPON  BY  SUCH  ELDERLY PERSONS OR DESIGNATED ELDERLY BENEFICIARIES WHEN
THEY THEMSELVES OR THEIR FAMILIES NEED SUCH RESPITE SERVICES. THE OFFICE
SHALL ESTABLISH A REGISTRY OF NAMES OF SUCH VOLUNTEERS AND SHALL, MONTH-
LY OR AS OFTEN AS IT DEEMS NECESSARY FOR  EFFICIENT  MANAGEMENT  OF  THE
PROGRAM,  CREDIT  EACH  OF  SUCH  VOLUNTEERS WITH THE NUMBER OF HOURS OF
SERVICE EACH HAS PERFORMED FOR  AGENCIES  APPROVED  BY  THE  OFFICE.  NO
PERSON SERVING AS A VOLUNTEER PURSUANT TO ANY PROGRAM ESTABLISHED BY THE
OFFICE  UNDER  THE PROVISIONS OF THIS SECTION SHALL BE CREDITED FOR MORE
THAN TEN HOURS OF VOLUNTEER SERVICE UNDER THIS PROGRAM PER WEEK.
  S  219-B.  VOLUNTEERS  OR  DESIGNATED  ELDERLY  BENEFICIARIES  NEEDING
RESPITE ASSISTANCE TO RECEIVE, WHEN, QUALIFICATIONS; PAID ASSISTANCE. AT
SUCH  TIME  AS  AN  ELDERLY PERSON WHO HAS DONE VOLUNTEER WORK UNDER THE
PROGRAM ESTABLISHED UNDER SECTION TWO HUNDRED NINETEEN-A OF THIS  TITLE,
OR  THE  DESIGNATED BENEFICIARY, SHALL NEED ASSISTANCE HIMSELF, HE SHALL
SO NOTIFY THE OFFICE AND, IF THE OFFICE SHALL DETERMINE THAT SUCH PERSON
IS IN FACT IN NEED OF SUCH ASSISTANCE, WHICH NEED SHALL NOT BE BASED  ON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07315-01-9
              

S. 1301                             2

FINANCIAL  NEED BUT ON THE SOCIAL AND MEDICAL CONDITION OF THE PERSON IN
QUESTION, SUCH PERSON SHALL RECEIVE THE ASSISTANCE OF A VOLUNTEER. IF NO
VOLUNTEER IS AVAILABLE TO ASSIST A PERSON ENTITLED TO  ASSISTANCE  UNDER
THIS  SECTION  BECAUSE OF HIS OR HER PARTICIPATION AS A VOLUNTEER IN THE
PROGRAM ESTABLISHED UNDER SECTION TWO HUNDRED NINETEEN-A OF THIS  TITLE,
AND  SUCH  UNAVAILABILITY HAS BEEN VERIFIED BY THE OFFICE, THE OFFICE OR
AN AGENCY APPROVED BY THE OFFICE, MAY OBTAIN PAID  ASSISTANCE  FOR  SUCH
PERSON.  SUCH PAID ASSISTANCE SHALL BE AT A RATE WHICH IS NO HIGHER THAN
THE PREVAILING REIMBURSABLE RATE ESTABLISHED BY THE STATE FOR A UNIT  OF
IN-HOME  SERVICES. THE COST OF SUCH PAID ASSISTANCE SHALL BE PAID BY THE
STATE IF THE PERSON IN QUESTION IS NOT ELIGIBLE FOR MEDICAID FROM  FUNDS
APPROPRIATED THEREFOR.
  S 2. This act shall take effect immediately.