BILL NUMBER:  S6733

 TITLE OF BILL :
An act to amend the public health law, in relation to the respite care
demonstration program; and providing for the repeal of such provisions
upon expiration thereof


 PURPOSE :
To allow licensed residential health care facilities with excess beds
to provide short-term, temporary respite care services to individuals
who require assistance performing activities of daily living or are
receiving home care services, in the absence of the individual's
regular caregiver.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 adds § 2821 to the Public Health Law, which creates within
the Department of Health a respite care demonstration program to
determine the effectiveness of short-term respite care in a
residential care facility. It empowers the Department of Health to
approve participation in the demonstration program and to establish
guidelines for admission into the program. It also instructs the
Department of Health to evaluate the effectiveness of the program and
to submit a report of its findings and recommendations to the Governor
and the Legislature on or before April 30, 2011.

              

Section 2 makes the act effective January 1, 2009, provided that the
act shall expire and be considered repealed two years thereafter. It
also ensures that the Department of Health is empowered to implement
any rules and regulations necessary for the act to take effect.

 EXISTING LAW :
None applicable.

 JUSTIFICATION :
Caring for an individual, such as an elderly relative or a disabled
child, who has limitations performing activities of daily living can
be very difficult. Providing 24-hour care can put an enormous
emotional and physical strain on caregivers. According to Companion
Connection Senior Care, a national home-care organization, more than
half of caregivers report some form of burnout. They likewise suffer
from high rates of depression, experience immense stress and often
feel angry or anxious.  By authorizing licensed residential health
care facilities with excess beds to provide short-term, temporary
respite care services, caregivers will be afforded the opportunity to
take a prolonged break, such as a vacation or long weekend, without
being concerned that their loved one is not receiving the level of
care to which he or she is accustomed.

Providing caregivers with time off from caregiving may result in
additional benefits as well. According to the American Society on
Aging, some caregivers must quit their jobs to give care, while others
experience increased absenteeism, lower productivity at work, lost
career opportunities and loss of future earnings. In fact, a 1997
MetLife study estimated that U.S. employers lost between $11.4 billion
and $29 billion dollars per year due to caregiver absenteeism or
decreased productivity.  A recent Iowa survey of parents of children
with disabilities, meanwhile, demonstrated a significant relationship
between the severity of a child's disability and the higher rate at
which his or her parents, compared to other employees, were absent
from work. The survey also found that the lack of available respite
care appeared to interfere with parents accepting job opportunities.

Respite care, or for the purposes of this bill, short-term care in an
institutional setting, can address the above issues by helping
families take a break from the daily routine and stress of caregiving.
A unique feature of respite care is that both the caregiver and the
care recipient benefit. Care recipients can receive professional care
and supportive services. Caregivers, similarly, are provided with the
opportunity to better cope with the demands of giving care, minimizing
the likelihood that they will feel compelled to permanently commit a
loved one to a long-term care facility, thereby significantly reducing
the number of inappropriate admissions to institutional facilities.

In this manner, respite care also benefits states and local
communities through cost-savings. It enables individuals to remain in
their homes longer, rather than being placed in hospitals or
institutional care settings, which are much more expensive. For
example, experts contend that delaying the institutionalization, by as
little as one month, of an individual with Alzheimer's disease can
result in overall savings of approximately $1.12 billion dollars a
year. The American Association of Geriatric Psychiatry, meanwhile,
reported in 2002 that the nations' more than 25 million family
caregivers provide $257 billion annually in unpaid supportive
services. Thus, respite care provides not only vital benefits for
caregivers, but also cost-savings to society.

 LEGISLATIVE HISTORY :
2007-2008: S.6895

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
January 1, 2011 and shall expire and be deemed repealed three years
after such date; provided, however, that effective immediately, the
addition or amendment of any rule or regulation necessary for the
implementation of this act on its effective date is authorized and
directed to be completed on or before such effective date.