NY State Senate Bill 2011-S1997

Archive: Last Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to aging
Jan 14, 2011	referred to aging

co-Sponsors

2011-S1997 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Elder Law
Laws Affected:: Amd §214, Eld L
Versions Introduced in 2009-2010 Legislative Session:: S2005

2011-S1997 (ACTIVE) - Summary

Relates to procedures for amendments to county plans for improving the availability of community services to the elderly; requires approval of director for amendments; requires opportunity for input from stakeholders, service providers and the elderly.

2011-S1997 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1997

TITLE OF BILL:
An act
to amend the elder law, in relation to county plans for improving the
availability of community services to the elderly

PURPOSE:
Require the State Office for Aging to solicit input from providers,
consumers, and stakeholders when approving or disapproving county
aging plans or plan amendments. Such input is specifically made one
of the factors to be considered in approving or disapproving the plans.

SUMMARY OF PROVISIONS:
Section 1. Amends subdivision 2 of section 214 of the elder law to
make it clear that any change in a county aging plan submitted to the
state office for the aging (SOFA) after approval shall require the
filing of a proposed plan amendment, which would include any change
in service delivery, to the director for approval or disapproval, and
that no plan amendment is effective until approved by the director.
Requires that SOFA approve the amendment within 60 days after receipt
of completed documentation required. Makes a series of technical
changes to the requirements to make clear that certain of the factors
apply to amendments and certain to plans, and certain to both-for
example, to require an identification of planning, coordination, and
administrative activities necessary to achieve the goals and

objectives of the plan or plan amendment, together with a budget
request for such activities. This portion also includes a requirement
that the following be included with respect to any new initiative or
any initiative changed from a preceding year or any plan amendment:

* a description and analysis at a level of detail prescribed by the
director showing the number of seniors who would be affected by each
new or changed initiative;
* the demographics and annual and long term projections of the numbers
of seniors proposed to be served by each initiative;
* the financial sustainability of such initiatives;
* whether there will be any diminishment of services as result of this
new or changed initiative, how such change would be measured, and
efforts that will be made to counteract any negative impact; and
* comparisons of the cost of current and changed initiatives, where
appropriate, to be borne by the designated agency and providers of
services.

Further, requires that the director of SOFA take any comments and
reports from stakeholders, providers, and seniors into account, in
addition to other requirements, as the basis for approval of a county
plan, or amendment.

Finally, requires that designated agencies (i.e., area agencies on
aging) comply with the provisions of approved plans, and with the
results of State hearings or reviews, unless and until an amended
plan or application is approved by the office, and allows SOFA to
issue binding program instructions on area agencies and service
providers with respect to such plans or amended plans.


Section 2. Provides a severability clause.

Section 3. Provides for an immediate effective date.

EXISTING LAW:
Section 214 of the Elder law relates to county plans for improving the
availability of community services to the elderly.

JUSTIFICATION:
Counties are required to submit an annual aging plan or plan update in
order to continue qualification as an area agency on aging, and to
spend State and federal funds on behalf of programs and services for
seniors. The plans must include several key components, and must show
how the county is improving the delivery of community services for
elderly persons.
Strangely, while the local area agencies on aging are required to
conduct a public hearing on the plan submission, the State Office for
Aging is not required to take consumer and provider information or
testimony into account in approving a plan, update, or plan
amendment. This legislation closes that gap. It not only requires
SOFA to consider such input, it specifically makes the consideration
party of the final approval process. Moreover, it requires some
specific information be submitted to SOFA by the county with respect
to new initiatives, whether these are submitted as part of the plan
or as a plan amendment. The several pieces in this act concerning the
required submission of plan amendments are not new; rather they are
statutory clarifications of existing requirements. This measure, if
approved, will provide for a more robust approval process of local
plans by the State Office for Aging.

LEGISLATIVE HISTORY:
S.2005 - 2009-10 Referred to Aging
S.8457 - 2007-08 Referred to Rules, Passed Senate

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately.

2011-S1997 (ACTIVE) - Bill Text download pdf

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

                                  1997

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  GOLDEN, HANNON -- 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 county plans for improving
  the availability of community services to the elderly

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

  Section 1. Subdivision 2 of section 214 of the elder law is amended to
read as follows:
  2.  County  plans for improving the availability of community services
to the elderly. (a) Counties with a designated agency  are  required  to
submit  a county plan for a two-, three-, or four-year period determined
by the director, with an annual update containing a budget  request  for
the  forthcoming  program  year  and  such other information as shall be
required by the  director,  for  improving  the  delivery  of  community
services  for  elderly persons in the format prescribed by the director.
The plan for the city of New York shall specifically address  the  needs
of  each  county  within  such  city. Such plan shall be a comprehensive
description of the manner in which the county  intends  to  address  the
needs  of  elderly persons living in the county through improved coordi-
nation of existing community services and by the development of any  new
or  expanded  community service projects which will improve the delivery
of services to the elderly.  ANY CHANGE IN A PLAN AFTER APPROVAL,  WHICH
SHALL INCLUDE ANY PROPOSED CHANGE IN SERVICE DELIVERY, SHALL REQUIRE THE
FILING  OF  A  PROPOSED  PLAN  AMENDMENT TO THE DIRECTOR FOR APPROVAL OR
DISAPPROVAL, AS REQUIRED IN THIS SECTION. NO  PLAN  AMENDMENT  SHALL  BE
EFFECTIVE  UNTIL APPROVED BY THE DIRECTOR. THE DIRECTOR SHALL HAVE SIXTY
DAYS TO APPROVE A PLAN AMENDMENT, AFTER RECEIPT OF COMPLETED  DOCUMENTA-
TION  AS  REQUIRED BY THIS SECTION. Such plan OR PROPOSED PLAN AMENDMENT
shall contain:
  (1) a statement of goals and objectives for addressing  the  needs  of
elderly  persons  in  the  county, an assessment of the needs of elderly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04645-01-1

S. 1997                             2

persons residing in the county, a  description  of  public  and  private
resources  that  currently provide community services to elderly persons
within the county, a description of intended actions to consolidate  and
coordinate  existing  community  services administered by county govern-
ment, a description of the intended  actions  to  coordinate  congregate
services programs for the elderly operated within the county pursuant to
section  two  hundred  seventeen  of  this  title  with  other community
services for the elderly, a description of the means to coordinate other
community services for elderly persons in the county with those adminis-
tered by county government, and a statement of the  priorities  for  the
provision  of  community  services  during the program period covered by
such plan OR PLAN AMENDMENT;
  (2) an identification of community service projects to be developed to
improve the delivery of services, a budget request for approval for  the
forthcoming  year  which  individually identifies each community service
project to be funded pursuant to paragraph (b) of  subdivision  four  of
this  section, letters of comment from the appropriate local agencies on
the relationship and expected impact of the proposed  community  service
projects,  assurances  that  community  service  projects  will  provide
services to those most in need, an indication of fee schedules by  which
elderly persons participating in community service projects may contrib-
ute  to  the costs of such projects, and an indication of how the effec-
tiveness of such community service projects will be evaluated;
  (3) an identification of planning,  coordination,  and  administrative
activities  necessary to achieve the goals and objectives of the plan OR
PLAN AMENDMENT, together with a budget request for such  activities  for
approval for the forthcoming year to be funded pursuant to paragraph (a)
of  subdivision  four of this section, and assurances by the county that
it will comply with the requirements of state and federal law; and
  (4) such other components as may be required pursuant  to  regulations
promulgated  by  the  director INCLUDING, WITH RESPECT TO ANY NEW INITI-
ATIVE OR ANY INITIATIVE CHANGED FROM A PRECEDING YEAR OR ANY PLAN AMEND-
MENT: A DESCRIPTION AND ANALYSIS AT A LEVEL OF DETAIL PRESCRIBED BY  THE
DIRECTOR SHOWING THE NUMBER OF SENIORS WHO WOULD BE AFFECTED BY EACH NEW
OR CHANGED INITIATIVE; THE DEMOGRAPHICS AND ANNUAL AND LONG TERM PROJEC-
TIONS  OF  THE  NUMBERS  OF SENIORS PROPOSED TO BE SERVED BY EACH INITI-
ATIVE; THE FINANCIAL SUSTAINABILITY OF SUCH INITIATIVES;  WHETHER  THERE
WILL  BE ANY DIMINISHMENT OF SERVICES AS A RESULT OF THIS NEW OR CHANGED
INITIATIVE, HOW SUCH CHANGE WOULD BE MEASURED, AND EFFORTS THAT WILL  BE
MADE  TO  COUNTERACT ANY NEGATIVE IMPACT; AND COMPARISONS OF THE COST OF
CURRENT AND CHANGED INITIATIVES, WHERE APPROPRIATE, TO BE BORNE  BY  THE
DESIGNATED AGENCY AND PROVIDERS OF SERVICES.
  (b)  Such county plan for community services or annual update shall be
prepared by the designated agency and approved by  the  chief  executive
officer of the county, if there be one, or otherwise the governing board
of  the  county,  or  the  chief  executive  of the city of New York and
submitted to the director no later than ninety days prior to the  begin-
ning of the program period covered by such plan or annual update.  Prior
to  a  submission  of a county plan or annual update to the director for
approval, the designated agency shall conduct such  public  hearings  as
may  be  required  by  regulations  of the director, provided that there
shall be at least one such hearing, and one  in  each  county  contained
within the city of New York.
  (c)  The  director  shall  review  such county plan and may approve or
disapprove such plan, or any part, program, or project within such plan,
OR AMENDMENT THERETO, and shall propose such  modifications  and  condi-

S. 1997                             3

tions  as are deemed appropriate and necessary.  [Compliance] THE DIREC-
TOR SHALL ESTABLISH APPROPRIATE TIMELINES  TO  PROVIDE  OPPORTUNITY  FOR
COMMUNITY  INPUT  BY  STAKEHOLDERS, SERVICES PROVIDERS, AND SENIORS, AND
SHALL TAKE ANY COMMENTS AND REPORTS PROVIDED BY SUCH PERSONS OR ENTITIES
INTO  ACCOUNT,  IN ADDITION TO COMPLIANCE with paragraphs (a) and (b) of
this subdivision [shall be] AS the basis for approval of a county  plan,
OR  AMENDMENT  THERETO.  The  director shall establish by regulation the
dates for notifying the designated agency of approval or disapproval  of
a  county  plan,  OR  AMENDMENT THERETO. In the event the director shall
disapprove the proposed county plan OR AMENDMENT, the county  submitting
such  application  shall  be afforded an opportunity for an adjudicatory
hearing, as prescribed by article  three  of  the  state  administrative
procedure  act.  DESIGNATED AGENCIES SHALL COMPLY WITH THE PROVISIONS OF
APPROVED PLANS, AND WITH THE  RESULTS  OF  STATE  HEARINGS  OR  REVIEWS,
UNLESS  AND  UNTIL  AN  AMENDED  PLAN  OR APPLICATION IS APPROVED BY THE
OFFICE. THE OFFICE MAY ISSUE PROGRAM INSTRUCTIONS WHICH SHALL BE BINDING
ON AREA AGENCIES AND SERVICE PROVIDERS WITH RESPECT  TO  SUCH  PLANS  OR
AMENDED PLANS.
  (d)  Notwithstanding  any provision of this section, nothing contained
in this section shall give the  director  or  a  designated  agency  any
administrative,  fiscal, supervisory, or other authority whatsoever over
any plans, programs or expenditures authorized pursuant to titles  eigh-
teen,  nineteen  and  twenty of the federal social security act, or over
any unit of state or local government.
  (e) Counties with a designated agency may submit  to  the  director  a
letter of intent, in the form and by the date prescribed by the director
with  the approval of the director of the budget, evidencing the commit-
ment of the county to develop a county home care plan  for  functionally
impaired elderly.
  (f)  Within  the amounts appropriated therefor, counties submitting an
approved letter of intent pursuant to paragraph (e) of this  subdivision
shall  be  eligible  for  reimbursement  of  one  hundred percent of the
approved expenditures for preparing a county home care  plan  for  func-
tionally  impaired  elderly. Such a grant-in-aid shall be available to a
county only once and shall be limited to one-half the  amount  available
to such county pursuant to subparagraph one of paragraph (a) of subdivi-
sion  four  of  this section; provided however that in either of the two
years immediately following its first submission of a home care plan for
functionally impaired elderly, a county which does not receive state aid
during such year for expanded non-medical in-home services, non-institu-
tional  respite  services,  case  management  services,  and   ancillary
services  pursuant to paragraph (j) of subdivision four of this section,
may apply for reimbursement of  one  hundred  percent  of  the  approved
expenditures  for  revising  such home care plan, limited to one-quarter
the amount available to such county  pursuant  to  subparagraph  one  of
paragraph (a) of subdivision four of this section.
  (g)  County home care plans for functionally impaired elderly prepared
pursuant to this subdivision shall include a  comprehensive  description
of all aspects of home care, non-institutional respite, case management,
and  ancillary  services  available  to elderly persons in the county; a
description of intended actions to coordinate such home care, non-insti-
tutional respite, case  management,  and  ancillary  services  to  func-
tionally  impaired  elderly  persons in their county provided under this
section with other services to elderly persons; a proposal for  expanded
non-medical  in-home  services, non-institutional respite services, case
management services, and ancillary services  for  functionally  impaired

S. 1997                             4

elderly  persons  with  unmet  needs  to support such persons' continued
residence in their homes; and such other components as may  be  required
pursuant  to  regulations promulgated by the director, including how the
proposed   expanded   non-medical  in-home  services,  non-institutional
respite services, case management services, and ancillary services  will
be delivered to unserved or underserved populations.
  (h) Such county home care plan for functionally impaired elderly shall
be  prepared by the designated agency after consultation with the social
services district and the local  public  health  agency,  and  shall  be
approved  by the chief executive officer of the county, if there be one,
or otherwise the governing board of the county, or the  chief  executive
of  the  city of New York, and submitted to the director for approval by
such date as may be specified by  regulation.  The  director  shall  not
approve  such  county  home  care plan for functionally impaired elderly
unless it complies with the standards and regulations issued pursuant to
this section.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately.

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Senate Bill S1997

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Archive: Last Bill Status - In Senate Committee Aging Committee

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co-Sponsors

2011-S1997 (ACTIVE) - Details

2011-S1997 (ACTIVE) - Summary

2011-S1997 (ACTIVE) - Sponsor Memo

2011-S1997 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Aging Committee

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co-Sponsors

Kemp Hannon

2011-S1997 (ACTIVE) - Details

2011-S1997 (ACTIVE) - Summary

2011-S1997 (ACTIVE) - Sponsor Memo

2011-S1997 (ACTIVE) - Bill Text download pdf

Comments