S T A T E O F N E W Y O R K
________________________________________________________________________
4603
2011-2012 Regular Sessions
I N A S S E M B L Y
February 4, 2011
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Aging
AN ACT to amend the elder law, in relation to establishing the home
repair services for elderly program
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 a new section 224 to
read as follows:
S 224. HOME REPAIR SERVICES FOR THE ELDERLY PROGRAM. 1. DEFINITIONS.
AS USED IN THIS SECTION:
(A) "ADVISORY COMMITTEE" SHALL MEAN THE ADVISORY COMMITTEE CONVENED BY
THE DIRECTOR PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
(B) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
(C) "HOME REPAIR SERVICE" SHALL MEAN A DEMAND BASED SERVICE FOR OLDER
ADULTS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
(1) CONSTRUCTION, IN OR AROUND THE HOME, TO IMPROVE SAFETY OR MOBILITY
INCLUDING, BUT NOT LIMITED TO, THE INSTALLATION OF GRAB BARS, RAILINGS,
RAMPS, LIGHTING, OR SMOKE OR CARBON MONOXIDE DETECTORS; UPGRADING
NONCOMPLIANT HEATING AND VENTILATION SYSTEMS OR ELECTRICAL FIXTURES; AND
THE REPAIR OR REPLACEMENT OF MALFUNCTIONING DOORS OR WINDOWS;
(2) REPAIRS, IN OR AROUND THE HOME, TO IMPROVE SAFETY OR MOBILITY;
(3) SUPPLY OF MATERIALS USED FOR CONSTRUCTION OR REPAIRS, IN OR AROUND
THE HOME; AND
(4) MAINTENANCE, IN OR AROUND THE HOME, THAT IS EITHER REQUIRED BY THE
OLDER ADULT'S COMMUNITY; NECESSARY FOR SAFETY OR INTEGRAL IN MAINTAINING
PROPERTY OR PRESERVING ITS VALUE INCLUDING, BUT NOT LIMITED TO, YARD
WORK, SNOW REMOVAL AND GUTTER MAINTENANCE; OR OTHER UPKEEP TO THE PREM-
ISES.
(D) "IN OR AROUND THE HOME" SHALL MEAN REAL PROPERTY WHERE AN OLDER
ADULT RESIDES AND IS OWNED, LEASED OR RENTED BY SUCH ADULT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08845-01-1
A. 4603 2
(E) "OLDER ADULT" SHALL MEAN A PERSON WHO IS SIXTY YEARS OF AGE OR
OLDER.
(F) "PROGRAM" SHALL MEAN THE HOME REPAIR SERVICES FOR THE ELDERLY
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
(G) "SUSTAINABILITY PLAN" SHALL MEAN A FORMAL WRITTEN PLAN TO BE
SUBMITTED TO THE DIRECTOR WHICH SHALL SET FORTH THE STEPS THAT WILL BE
TAKEN BY AN AREA AGENCY ON AGING TO OBTAIN THE NECESSARY FINANCIAL
RESOURCES FOR A HOME REPAIR SERVICE FOR THE ELDERLY PROGRAM UNDER THIS
SECTION TO BE SELF-SUSTAINING. SUCH STEPS MAY INCLUDE PLANS TO PARTNER
WITH COMMUNITY ORGANIZATIONS AND/OR OTHER LOCAL FUNDRAISING ACTIVITIES
AND DEVELOPING A FEE SCALE BASED ON INCOME FOR OLDER ADULTS WHO USE THE
SERVICES OF THE HOME REPAIR SERVICE FOR THE ELDERLY PROGRAM.
2. THE DIRECTOR SHALL, WITHIN AMOUNTS APPROPRIATED THEREFORE, ESTAB-
LISH A HOME REPAIR SERVICE FOR THE ELDERLY PROGRAM FOR THE PURPOSE OF
IMPROVING THE ABILITY OF OLDER ADULTS TO REMAIN SAFELY AND COMFORTABLY
IN THEIR HOMES. THE DIRECTOR SHALL AWARD GRANTS TO QUALIFIED AREA AGEN-
CIES ON AGING TO ESTABLISH PROGRAMS.
3. PRIOR TO IMPLEMENTING THE PROGRAM, THE DIRECTOR SHALL CONVENE AN
ADVISORY COMMITTEE. SUCH COMMITTEE SHALL BE COMPOSED OF OLDER ADULTS AND
SENIOR CITIZEN GROUP REPRESENTATIVES FROM THROUGHOUT ALL THE GEOGRAPHIC
AREAS OF THE STATE. THE ADVISORY COMMITTEE SHALL DEVELOP AND RECOMMEND
TO THE DIRECTOR APPROPRIATE CRITERIA FOR THE SELECTION OF GRANTEES OF
FUNDS UNDER THE PROGRAM. THE ADVISORY COMMITTEE SHALL FURTHER AID THE
DIRECTOR IN DEVELOPING CRITERIA FOR THE PROGRAM WHICH SHALL INCLUDE, BUT
NOT BE LIMITED TO:
(A) THE TYPES OF SERVICES TO BE PROVIDED BY THE PROGRAM;
(B) MONETARY AND TIME LIMITATIONS FOR PROGRAM SERVICES;
(C) CRITERIA FOR THE SELF-SUSTAINABILITY PLAN; AND
(D) THE QUALIFICATIONS AND CREDENTIALS OF INDIVIDUALS OR ENTITIES WHO
WILL PROVIDE SERVICES UNDER THE PROGRAM.
4. THE ADVISORY COMMITTEE SHALL ASSIST THE DIRECTOR WITH DESIGNING AN
EVALUATION TOOL FOR THE PROGRAM. THE PROGRAM SHALL BE EVALUATED BY THE
DIRECTOR TO DETERMINE ITS EFFECTIVENESS. NO LATER THAN ONE YEAR AFTER
THE ESTABLISHMENT OF THE PROGRAM, THE DIRECTOR SHALL REPORT ON THE
EFFECTIVENESS OF THE PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEM-
BLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEMBLY
AGING COMMITTEE AND THE CHAIR OF THE SENATE AGING COMMITTEE.
5. THE OFFICE MAY USE UP TO FIVE PERCENT OF THE TOTAL OF ANY FUNDS
PROVIDED TO A DESIGNATED AGENCY PURSUANT TO THIS SECTION FOR ADMINIS-
TRATION.
6. AN AREA AGENCY MAY USE UP TO FIVE PERCENT OF THE TOTAL OF ANY FUNDS
IT RECEIVES PURSUANT TO THIS SECTION FOR ADMINISTRATION.
S 2. This act shall take effect immediately.