S T A T E   O F   N E W   Y O R K
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                                  3041

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced by M. of A. MORELLE, ORTIZ, CLARK -- Multi-Sponsored by -- M.
  of  A.  ARROYO, V. LOPEZ -- read once and referred to the Committee on
  Health

AN ACT to amend the public health law, in relation to providing personal
  emergency response services as part of home care services, and  making
  an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3602 of the public health law is amended by  adding
a new subdivision 8-a to read as follows:
  8-A.  "PERSONAL  EMERGENCY  RESPONSE SERVICES" MEANS (A) THE PROVISION
AND MAINTENANCE OF ELECTRONIC COMMUNICATION EQUIPMENT IN THE HOME OF  AN
INDIVIDUAL  WHICH SIGNALS A MONITORING AGENCY FOR HELP WHEN ACTIVATED BY
THE INDIVIDUAL, OR AFTER A PERIOD OF TIME IF A TIMER MECHANISM  HAS  NOT
BEEN  RESET,  AND  (B)  THE  CONTINUOUS  MONITORING OF SUCH SIGNALS BY A
TRAINED OPERATOR AND, IN CASE OF RECEIPT OF SUCH SIGNAL,  THE  IMMEDIATE
NOTIFICATION  OF  SUCH  EMERGENCY  RESPONSE ORGANIZATIONS OR PERSONS, IF
NECESSARY, AS THE INDIVIDUAL HAS PREVIOUSLY SPECIFIED.
  S 2. The public health law is amended by adding a new  section  3611-b
to read as follows:
  S 3611-B. APPLICATION FOR GRANTS TO ESTABLISH OR EXPAND PERSONAL EMER-
GENCY  RESPONSE SERVICES. 1. A HOSPITAL, RESIDENTIAL HEALTH CARE FACILI-
TY, CERTIFIED HOME HEALTH AGENCY OR LONG-TERM HOME HEALTH CARE  PROGRAM,
OR  ANY  OTHER  NOT-FOR-PROFIT  OR PUBLIC ORGANIZATION SEEKING GRANTS TO
ESTABLISH OR EXPAND PERSONAL EMERGENCY RESPONSE SERVICES SHALL  TRANSMIT
TO  THE  COMMISSIONER  AN  APPLICATION  SETTING  FORTH  THE SCOPE OF THE
PROPOSED SERVICE. THE APPLICATION SHALL INCLUDE A  DETAILED  DESCRIPTION
OF THE PROPOSED SERVICE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
  (A) AN OUTLINE OF THE INSTITUTION'S OR AGENCY'S PLANS FOR THE SERVICE;
  (B) THE NEED FOR THE PROPOSED SERVICE;
  (C) THE NUMBER AND TYPES OF PERSONNEL TO BE EMPLOYED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05791-01-1
              

A. 3041                             2

  (D)  THE  ABILITY  OF  THE AGENCY, HOSPITAL OR FACILITY TO PROVIDE THE
SERVICE;
  (E) THE ESTIMATED NUMBER OF INDIVIDUALS TO BE SERVED;
  (F)  THE  GEOGRAPHIC  AREA  IN  WHICH  THE  PROPOSED  SERVICE  WILL BE
PROVIDED;
  (G) A DEMONSTRATION THAT THE PROPOSED SERVICE IS FEASIBLE AND IS  PART
OF A COMPREHENSIVE HOME CARE SERVICE SYSTEM; AND
  (H) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
  2.  (A) THE COMMISSIONER MAY, WITHIN THE AMOUNT APPROPRIATED THEREFOR,
MAKE GRANTS TO CERTIFIED HOME HEALTH  AGENCIES,  HOSPITALS,  RESIDENTIAL
HEALTH  CARE  FACILITIES  OR LONG-TERM HOME HEALTH CARE PROGRAMS, OR ANY
OTHER NOT-FOR-PROFIT OR PUBLIC ORGANIZATION FOR THE PURPOSE OF  INCREAS-
ING  THE  AVAILABILITY  OF  THE PERSONAL EMERGENCY RESPONSE SERVICES. IN
AWARDING GRANTS PURSUANT TO THIS SECTION, THE  COMMISSIONER  SHALL  TAKE
INTO  CONSIDERATION,  IN  RELATION  TO  THE  AREA  SERVED, THE FOLLOWING
FACTORS: THE NUMBER OF INDIVIDUALS TO BE  SERVED  BY  THE  SERVICE;  THE
SCOPE,  QUANTITY  AND ACCESSIBILITY OF THE SERVICE PROPOSED; THE ABILITY
OF THE AGENCY TO CONTINUE TO PROVIDE  THE  PERSONAL  EMERGENCY  RESPONSE
SERVICES  UPON  THE EXPIRATION OF THE GRANT; THE ABILITY OF THE ELIGIBLE
CLIENT  TO  SUPPLEMENT  ANY  ADDITIONAL  FUNDING  FOR  IMPLEMENTING  THE
SERVICE;  THAT  THE  AGENCY PROVIDES FOR THE APPROPRIATE UTILIZATION AND
COORDINATION OF THE SERVICE WITH OTHER HOME CARE SERVICES; AND ANY  SUCH
OTHER  FACTORS  AS  THE  COMMISSIONER  MAY  DETERMINE AS RELEVANT TO THE
PUBLIC NEED FOR  PERSONAL EMERGENCY RESPONSE SERVICES.
  (B) SUCH GRANTS SHALL NOT EXCEED FIFTEEN THOUSAND  DOLLARS  PER  ANNUM
AND  ARE NOT RENEWABLE. GRANTS ARE ALSO AVAILABLE OF UP TO FIFTY PERCENT
OF THE COSTS TO THOSE AGENCIES  WHO  ARE  PRESENTLY  PROVIDING  PERSONAL
EMERGENCY RESPONSE SERVICES AND WISH TO EXPAND THE SERVICE.
  (C)  THE  COMMISSIONER,  AFTER  CONSULTATION WITH THE STATE COUNCIL ON
HOME CARE SERVICES, SHALL PROMULGATE RULES AND REGULATIONS NECESSARY  TO
ADMINISTER  THIS  SECTION. THE STATE COUNCIL ON HOME CARE SERVICES SHALL
ADVISE THE DEPARTMENT OF THE AVAILABILITY AND QUALITY  OF  THE  PERSONAL
EMERGENCY  RESPONSE  SERVICES  AND  ON  THE  METHODS THAT MAY BE USED TO
ENHANCE THE AVAILABILITY, APPROPRIATE UTILIZATION  AND  COORDINATION  OF
THE SERVICE THROUGH THE IMPLEMENTATION OF THE GRANT SYSTEM.
  S  3.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated out of any moneys in
the state treasury in the general  fund  to  the  credit  of  the  state
purposes  account,  not  otherwise  appropriated,  and  made immediately
available to the commissioner of health to pay  the  expenses  including
personal  service,  in  carrying  out  the  provisions of this act. Such
moneys shall be payable out of the state treasury after audit by and  on
the  warrant  of  the comptroller upon vouchers certified or approved by
the commissioner of health as prescribed by law.
  S 4. This act shall take effect one year after the date  on  which  it
shall have become a law.