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

                                 632--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. WEINSTEIN, JACOBS, ORTIZ -- Multi-Sponsored by --
  M.  of  A.   BRENNAN, CLARK, COOK, CYMBROWITZ, DINOWITZ, GALEF, GLICK,
  HIKIND, McENENY, MILLMAN, SCARBOROUGH -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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. Subparagraph (i) of  paragraph  (e)  of  subdivision  2  of
section  365-a  of  the social services law, as amended by section 89 of
part H of chapter 59 of the laws of 2011, is amended to read as follows:
  (i) personal care  services,  including  personal  emergency  response
services,  shared aide and an individual aide, subject to the provisions
of subparagraphs (ii), (iii), and (iv) of this paragraph,  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  assistance,  INCLUDING  HANDS-ON ASSISTANCE, SUPERVISION AND
CUING, TO ENSURE SAFE PERFORMANCE OF ALL ACTIVITIES OF DAILY LIVING  AND
INSTRUMENTAL  ACTIVITIES  OF  DAILY  LIVING FOR PERSONS WITH PHYSICAL OR
COGNITIVE IMPAIRMENTS, when [cost effective and] appropriate[,] and when
prescribed by a physician, in accordance with the  recipient's  plan  of
treatment  and provided by individuals who are qualified 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.

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

                                                           LBD03131-02-2

A. 632--A                           2

  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
RECIPIENT.  ASSISTANCE  WITH INSTRUMENTAL ACTIVITIES OF DAILY LIVING, AS
USED IN THIS PARAGRAPH, INCLUDES ASSISTANCE WITH MEAL PREPARATION, SHOP-
PING, LAUNDRY, HOUSEKEEPING (MAKING AND CHANGING BEDS,  WASHING  DISHES,
VACUUMING,  SWEEPING,  AND  DUSTING),  USING  THE  TELEPHONE, PAYMENT OF
BILLS, AND OTHER ESSENTIAL ERRANDS;
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary for the implementation of the foregoing section of this act on
its  effective  date is authorized and directed to be made and completed
on or before such effective date.