S T A T E O F N E W Y O R K
________________________________________________________________________
2142
2009-2010 Regular Sessions
I N S E N A T E
February 11, 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 making technical
corrections with respect to the activities of the office for the aging
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4 and 5 of section 201 of the elder law are
amended to read as follows:
4. [In carrying out its powers and duties under this title, the office
is organized and operated to have as a primary purpose informing and
instructing the public, especially the elderly themselves, on subjects
beneficial to the community which relate to the needs, abilities,
resources, opportunities, rights, entitlements, and other issues affect-
ing older people in New York state.
5.] For the purposes of this chapter, "office" shall refer to the
state office for the aging created pursuant to this section, and "direc-
tor" shall refer to the director of the state office for the aging
established by this section.
S 2. Section 202 of the elder law, subdivisions 11, 12 and 13 as
amended and subdivision 14 as added by section 24-d of part B of chapter
58 of the laws of 2007, is amended to read as follows:
S 202. General powers and duties of office. IN CARRYING OUT ITS POWERS
AND DUTIES UNDER THIS ARTICLE, THE OFFICE SHALL BE ORGANIZED AND OPER-
ATED TO HAVE AS A PRIMARY PURPOSE INFORMING AND INSTRUCTING THE PUBLIC,
ESPECIALLY THE ELDERLY THEMSELVES, ON SUBJECTS BENEFICIAL TO THE COMMU-
NITY WHICH RELATE TO THE NEEDS, ABILITIES, RESOURCES, OPPORTUNITIES,
RIGHTS, ENTITLEMENTS, AND OTHER ISSUES AFFECTING OLDER PEOPLE IN NEW
YORK STATE. The office shall have the following powers and duties:
1. to advise and assist the governor AND THE LEGISLATURE in developing
policies designed to help meet the needs of the aging and to encourage
the full participation of the aging in society;
2. [to coordinate state programs and activities relating to the aging;
3. to stimulate community interest in the problems of the aging;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08826-01-9
S. 2142 2
4.] TO BE PRIMARILY RESPONSIBLE FOR THE COORDINATION OF ALL STATE
ACTIVITIES RELATED TO THE PURPOSE OF THIS ARTICLE;
3. to promote public awareness of resources available for the aging,
and to refer the public to the appropriate departments and agencies of
the state and federal governments for advice, assistance and available
services in connection with particular problems;
[5.] 4. TO ESTABLISH AN EDUCATIONAL AND PUBLIC INFORMATION PROGRAM TO
FOSTER PUBLIC UNDERSTANDING OF THE PROBLEMS AND OPPORTUNITIES OF THE
AGING; PROVIDE INFORMATION ON PROGRAMS AVAILABLE TO ASSIST THE AGING;
5. to cooperate with and assist political subdivisions of the state in
the development of local programs for the aging;
6. to consult and cooperate with universities, colleges and insti-
tutions in the state for the development of courses of study for persons
engaged in public and private programs for the aging;
7. to make such studies of needs of the aging as the director may deem
appropriate or as may be requested by the governor;
8. to foster and support studies, research and education relating to
problems of and services for the aging;
9. to serve as a clearinghouse for information relating to the needs
of the aging;
10. to sponsor conferences relating to problems of and services for
the aging;
11. to enter into contracts, within the amount available by appropri-
ation therefor, with individuals, organizations and institutions, in the
exercise of any of its powers or the performance of any of its duties;
12. to make recommendations to the governor for the presentation of an
annual award to a senior citizen for outstanding and unusual contrib-
ution to his or her community;
13. to conduct a program of education and information on age discrimi-
nation and the preparation and filing of complaints relating to persons
sixty years of age or older; [and]
14. to, in cooperation with the department of state:
(a) prepare or cause to be prepared and made available to cities,
towns and villages model zoning and planning guidelines that foster
age-integrated communities including mixed-use age-integrated communi-
ties; and
(b) make recommendations, in consultation with the division of housing
and community renewal, to the governor and legislature for assisting
mixed-use age-integrated housing development or redevelopment demon-
stration projects in urban, suburban and rural areas of the state. The
director of the office for the aging and secretary of state shall estab-
lish an advisory committee for purposes of this subdivision. Such
committee shall include, but not be limited to, top representatives of
local government, senior citizen organizations, developers, senior
service providers and planners[.];
15. TO ESTABLISH, EVALUATE AND IMPROVE OPPORTUNITIES FOR THE AGING TO
PROVIDE VOLUNTEER SERVICES;
16. TO PROVIDE OPPORTUNITIES FOR DESIGNATED AGENCIES AS DEFINED PURSU-
ANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FOURTEEN
OF THIS ARTICLE, AND THE AGING THEMSELVES, TO EXPRESS THEIR VIEWS ON
POLICY DEVELOPMENT AND PROGRAM IMPLEMENTATION.
S 3. Paragraph (f) of subdivision 2 of section 203 of the elder law is
amended to read as follows:
(f) [retired senior] volunteer programs PROVIDED BY OLDER PERSONS.
S 4. Section 213 of the elder law, subdivision 4 as added and subdivi-
sion 5 as amended by chapter 640 of the laws of 2004 and paragraph (i)
S. 2142 3
of subdivision 4 as amended by chapter 95 of the laws of 2005, is
amended to read as follows:
S 213. Reports. 1. The office shall [from time to time report to the
governor, and shall make an annual report to the governor and legisla-
ture] DEVELOP A TRIENNIAL STATE PLAN ON AGING WITH YEARLY UPDATES
REGARDING THE PRIORITY NEEDS OF THE AGING, AS WELL AS RECOMMENDATIONS
FOR FUTURE ACTION. THE PLAN WILL TAKE INTO CONSIDERATION THE VARIOUS
REGIONAL, COUNTY AND LOCAL COMMUNITY NEEDS AND RESOURCES AS STIPULATED
IN COUNTY REPORTS PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED
FOURTEEN OF THIS ARTICLE.
2. THE OFFICE SHALL FROM TIME TO TIME REPORT ON PRIORITY, CRITICAL, OR
LONG-RANGE PREVENTATIVE ISSUES RELATING TO THE AGING.
3. THE OFFICE SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY
JANUARY THIRTY-FIRST, OF EACH YEAR.
[2.] 4. Such annual report shall:
(a) Describe the progress, problems and other matters related to the
provision of services to older persons by programs administered by the
office including, but not limited to the federal older Americans act of
1965, the community services for the aging program and the recreation
program for the elderly AND DETAIL THE ACTION OF THE OFFICE IN IMPLE-
MENTING THE TRIENNIAL PLAN;
(b) Assess the effectiveness of the community services for aging
program pursuant to section two hundred fourteen of this title in coor-
dinating and improving the local delivery of services to the elderly;
[and]
(c) Include recommendation for expanding or replicating service
programs that have been determined effective in helping needy elderly
remain in the community and to avoid institutional care; AND
(D) EVALUATE THE IMPACT OF A GROWING SENIOR POPULATION ON THE ECONOMY
AND HUMAN SERVICES RESOURCES OF THE STATE.
[3.] 5. Such annual report shall also present in quantitative, as well
as in qualitative, terms, a report on the quality of life of the aged in
our state, including BUT NOT LIMITED TO:
[(a) A report on the impact of inflation on the aged.
(b) A report on mortality trends in the upper age brackets, including
chronic disease trends among older persons.
(c) A report on crime trends impacting on the aged.
(d) A report on the numbers of elderly living in substandard housing,
numbers of new housing facilities for the aged in public, non-profit or
limited profit housing.
(e) A report on coverage of the aged in the state by various public
social security programs, pension plans, private retirement plans, and
assistance programs.
(f) A report on unemployment and employment of older persons, includ-
ing prevalence of age discrimination in the labor market and efforts to
provide education, information, and recommendations for legislation,
trends toward early or later retirement, duration of unemployment by age
groupings, self-employment and partial employment of older persons.
(g) A report on the hot meal program within the state, including costs
per meal, number of aged served, as well as a report on the meals-on-
wheels program.
(h) A report on the recreational services for the aged, including
numbers of senior centers and clubs, membership and programming
provided.
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(i) A report on the extent to which the aged are provided adult educa-
tion courses in public schools or are attending college courses.
(j) A report on institutionalization of aged, including trends in
mental hospitals, skilled nursing homes, health related facilities,
adult homes, including length of stay, costs, occupancy rates, extent to
which local communities are providing care for institutionally released
aged.]
(A) A REPORT ON STATE SUPPORT STRATEGIES AND SERVICES FOR ASSISTING
INFORMAL CAREGIVERS.
(B) A REPORT ON THE AVAILABILITY, TYPE, ACCESSIBILITY AND AFFORDABILI-
TY OF HOUSING FOR THE ELDERLY INCLUDING RETIREMENT COMMUNITIES AND
OPTIONS TO CONVENTIONAL HOUSING.
(C) A REPORT ON COVERAGE OF THE AGED IN THE STATE BY VARIOUS PUBLIC
SOCIAL SECURITY PROGRAMS, PRIVATE AND PUBLIC PENSION PLANS, AND ASSIST-
ANCE PROGRAMS.
(D) A REPORT ON UNEMPLOYMENT AND EMPLOYMENT OF OLDER PERSONS, INCLUD-
ING PREVALENCE OF AGE DISCRIMINATION IN THE LABOR MARKET, TRENDS TOWARD
EARLY OR LATER RETIREMENT, DURATION OF UNEMPLOYMENT BY AGE GROUPINGS,
SELF-EMPLOYMENT AND PARTIAL EMPLOYMENT OF OLDER PERSONS.
(E) A REPORT ON TRENDS IN ECONOMIC STATUS FOR THE AGING.
(F) A REPORT ON NUTRITIONAL PROGRAMS FOR THE ELDERLY, INCLUDING THE
HOME DELIVERED AND CONGREGATE MEALS PROGRAMS.
(G) A REPORT ON THE SOCIAL AND EDUCATIONAL OPPORTUNITIES AFFORDED THE
AGING IN THIS STATE INCLUDING NUMBERS OF SENIOR CENTERS AND CLUBS,
MEMBERSHIP AND PROGRAMMING PROVIDED.
(H) A REPORT ON THE TECHNICAL ASSISTANCE OFFERED BY THE OFFICE INCLUD-
ING THE PROMOTION OF SELF-HELP GROUPS AMONG THE ELDERLY.
(I) A REPORT ON HOME AND COMMUNITY HEALTH AND SOCIAL SERVICES FOR THE
AGING WHICH ASSIST OLDER PERSONS TO LIVE INDEPENDENTLY IN A HOME ENVI-
RONMENT.
(J) A REPORT ON MORTALITY TRENDS IN THE UPPER AGE BRACKETS, INCLUDING
CHRONIC DISEASE TRENDS AMONG OLDER PERSONS.
(K) A REPORT ON INSTITUTIONALIZATION OF AGED, INCLUDING TRENDS IN
MENTAL HOSPITALS, SKILLED NURSING HOMES, HEALTH RELATED FACILITIES,
ADULT HOMES, INCLUDING LENGTH OF STAY, COSTS, OCCUPANCY RATES, EXTENT TO
WHICH LOCAL COMMUNITIES ARE PROVIDING CARE FOR INSTITUTIONALLY RELEASED
AGED.
(L) A REPORT ON CRIME TRENDS IMPACTING ON THE AGED.
[4.] 6. The legislature hereby declares that, as a matter of state
policy, caring services and programs for seniors should be shaped by the
principles of strengthening independence, affirming dignity, and maxi-
mizing choice, and a recognition that seniors and their families and
intimates provide a vast potential source of social, cultural, historic,
and spiritual enrichment and leadership.
The office shall enunciate these principles in the form of a bill of
rights for seniors, and shall, in addition to any other report required
by this section, report annually, not later than June first of each
year, on the progress being made in their advancement by state agencies
and local governments in the development and operation of programs for
seniors. Such report shall discuss progress in the following principles
with respect to programs for seniors:
(a) Seniors needing long term care in an institution or in an appro-
priate community-based alternative should be able to obtain such care at
an affordable cost in a timely manner from reliable and responsible
providers who can provide choices that meet the preferences of these
seniors, and who have the capacity to provide a smooth transition to
S. 2142 5
other forms of long term care when appropriate. Such programs should,
whenever possible, provide a continuum of quality health care, either
within a single institution, or through a consortium of providers.
(b) Public policy should affirm seniors' desire to maintain a high
quality of life by living with dignity in their own communities, by
supporting the efforts of informal caregivers such as family, friends
and neighbors who provide eighty percent of all personal care and
assistance to seniors.
(c) A goal of policy and programs in New York should be to help
seniors obtain or maintain affordable and secure housing that allows
them to age in place in their own communities with supportive assistance
and access to health related services in a manner that ameliorates prob-
lems of income, changes in family structure, health, threats to personal
safety, and architectural and structural inadequacies.
(d) Programs intended to offset excessive health care and prescription
drug costs for seniors, and to make health care, particularly wellness
and prevention programs, more affordable, should be designed to expand
choice and promote ease of access for seniors rather than to simply
provide ease of management and control for bureaucrats and program
managers.
(e) State and local policies and program guidelines should support the
most creative and flexible approaches to providing care for seniors, so
as to promote and sustain the autonomy and mobility of seniors, and to
tap their potential to enrich their communities.
(f) Seniors should be able to continue their productive lives in the
community of New York without fear of discrimination based on age, and
public policy should seek means of increasing opportunities for contrib-
ution from these respected members of our community by supporting and
encouraging a healthy social environment that enables seniors to contin-
ue their productive lives if they wish, that affirms and encourages
their ability to achieve financial security, and that works to preserve
their dignity, safety, and independence.
(g) Public programs should promote personal security for seniors,
encourage personal responsibility of their families and intimates, and
recognize and build on the interdependence of all generations and the
diversity of our population.
(h) Public investment in programs providing health care and other
social help for seniors should be provided at a level which supports
public mandates with respect to these programs.
(i) No declaratory relief, injunctive remedy or monetary liability
against the state of New York or any political subdivision thereof, or
any public or private entity, domiciled or doing business in the state
of New York, or any employee or officer thereof, shall be created or
granted based upon the principles set forth in this subdivision, or upon
the enunciation of said principles to be made by the office pursuant
thereto. No claim for contribution or indemnification shall be created
based upon this subdivision. No assignment of claim shall be prosecuted
based upon this subdivision.
(j) Existing powers of the office for the aging shall not be changed
by this subdivision.
[5.] 7. Every state department, bureau, or agency or office shall
cooperate to the fullest extent possible in providing such data as the
office may need to assemble such reports, including recommendations by
the director to the governor and legislature.
S 5. This act shall take effect immediately.
