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

                                  2167

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Aging

AN ACT to amend the elder law, in relation to consumer directed personal
  assistance services

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

  Section 1. Section 214 of the elder law is amended  by  adding  a  new
subdivision 8 to read as follows:
  8.  CONSUMER  DIRECTED  PERSONAL  ASSISTANCE SERVICE PROVIDER. (A) ANY
OTHER PROVISION OF ANY OTHER LAW TO THE  CONTRARY  NOTWITHSTANDING,  THE
OFFICE  SHALL  BE  DEEMED  A  PARTICIPATING PROVIDER FOR THE PURPOSES OF
PROVIDING CONSUMER DIRECTED PERSONAL  ASSISTANCE  SERVICES  PURSUANT  TO
SECTION  THREE  HUNDRED  SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, EXCEPT
THAT NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  SUCH  SECTION  THREE
HUNDRED  SIXTY-FIVE-F,  THE  TERM  "ELIGIBLE INDIVIDUAL" AS USED IN SUCH
SECTION SHALL MEAN, FOR SERVICES  PROVIDED  BY  OR  THROUGH  THE  OFFICE
PURSUANT  TO  THIS  SECTION, AN INDIVIDUAL AGED SIXTY OR OLDER WHO MEETS
THE CRITERIA ESTABLISHED UNDER PARAGRAPH (A), (B) OR (C) OF  SUBDIVISION
TWO  OF  SUCH  SECTION THREE HUNDRED SIXTY-FIVE-F, AND THE TERM "PARTIC-
IPATING PROVIDER" AS USED IN SUCH SECTION, SHALL  WHEN  APPLIED  TO  THE
OFFICE  PURSUANT  TO  THIS  SECTION  MEAN  AND  INCLUDE  THE OFFICE, ITS
CONTRACTORS, AND ANY  INTERMEDIARY  SERVICE  ORGANIZATION,  WHETHER  THE
RESPONSIBILITIES  OF  SUCH ORGANIZATION ARE PROVIDED BY THE OFFICE OR BY
AN ENTITY OR ENTITIES CONTRACTED TO PERFORM SUCH  RESPONSIBILITIES  WITH
THE OFFICE AND/OR ITS CONTRACTORS, IN THE FOLLOWING MODELS OR ANY COMBI-
NATION THEREOF.  THE OFFICE SHALL DEVELOP A PARTICIPATING PROVIDER MODEL
OR  MODELS  FOR THE PROVISION OF SERVICE WHICH ALLOW FOR A FULL RANGE OF
FISCAL, SUPPORTIVE AND INTERMEDIARY SERVICES TO BE MADE AVAILABLE TO  AN
ELIGIBLE  INDIVIDUAL  IN  A MANNER THAT CREATES A SEAMLESS FINANCING AND
SERVICE DELIVERY SYSTEM. SERVICES TO BE PROVIDED SHALL INCLUDE  BUT  ARE
NOT  LIMITED  TO  SERVICE  ASSESSMENT AND/OR CASE MANAGEMENT AND SERVICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04454-01-1
              

S. 2167                             2

MONITORING; PEER COUNSELING AND SUPPORT; ACCESS TO  EMPLOYER  MANAGEMENT
SKILLS  TRAINING;  ACCESS  TO  TECHNICAL SKILLS TRAINING FOR ATTENDANTS;
ACCESS TO TRAINING REGARDING EMPLOYER-RELATED FISCAL SKILLS;  ACCESS  TO
CRIMINAL  AND CERTIFICATION (E.G., NURSE AID REGISTRY) CHECKS; ACCESS TO
AN  ATTENDANT  REGISTRY;  AND  ACCESS  TO  EMERGENCY/BACK-UP   ATTENDANT
SERVICES.  THE  OFFICE  OR  AN  AGENCY CONTRACTED TO IT MAY SERVE AS THE
EMPLOYER OF RECORD OF AN ATTENDANT, WITH THE ELIGIBLE INDIVIDUAL AS  THE
MANAGING  EMPLOYER,  AND  MAY  ALLOW THE ELIGIBLE INDIVIDUAL TO RECRUIT,
TRAIN, SUPERVISE AND DISCHARGE HIS OR HER OWN ATTENDANT WHILE THE AGENCY
ACTS AS FISCAL AGENT AND RESOURCE FOR SUPPORTIVE ASSISTANCE, AS  NEEDED.
THE  MODEL  OR  MODELS  MAY  ALSO PROVIDE FOR PARTICIPATING PROVIDERS TO
ADMINISTER AND DISBURSE CASH GRANT OR VOUCHER PROGRAMS ALLOWING ELIGIBLE
INDIVIDUALS TO RECEIVE FUNDS INCLUDING PUBLIC FUNDS AND  PAY  ATTENDANTS
DIRECTLY,  AND  PERFORM OTHER RELATED ADMINISTRATIVE TASKS INCLUDING BUT
NOT LIMITED TO THE COLLECTION AND VERIFICATION OF ATTENDANTS  TIMESHEETS
AND  THE  SUBMISSION OF INVOICES NECESSARY TO OBTAIN FUNDS FOR DISBURSE-
MENT. OTHER SERVICES WHICH MAY BE PROVIDED  INCLUDE  BUT  SHALL  NOT  BE
LIMITED  TO  CONDUCTING  SELF-DIRECTION EVALUATIONS OF ELIGIBLE INDIVID-
UALS, PROVIDING EMPLOYER SKILLS AND  SELF-ADVOCACY  TRAINING,  ASSISTING
ELIGIBLE  INDIVIDUALS  WITH  THE  RECRUITMENT,  SCREENING  AND HIRING OF
ATTENDANTS INCLUDING CONDUCTING BACKGROUND  CHECKS  AND  MAINTAINING  AN
ATTENDANT REGISTRY, AND ARRANGING FOR EMERGENCY/BACK-UP ATTENDANT STAFF,
DETERMINING  AND  REASSESSING  ELIGIBLE  INDIVIDUALS  SERVICE NEEDS, AND
PROVIDING OR ARRANGING FOR TRAINING OPPORTUNITIES FOR  ATTENDANTS.  SUCH
SUPPORTIVE  SERVICES  MAY  ALSO INCLUDE THE PROVISION OF CASE MANAGEMENT
AND MONITORING THE QUALITY OF SERVICES PROVIDED AND ELIGIBLE  INDIVIDUAL
AND  ATTENDANT  SATISFACTION.  THE OFFICE MAY INCLUDE IN DEVELOPING SUCH
MODEL OR MODELS ANY COUNTY OR COUNTY AGENCY FOR THE AGING WITH WHICH  IT
SHALL  PARTNER  OR  CONTRACT  AND WHICH IS APPROVED PURSUANT TO INTERNAL
REVENUE SERVICE REVENUE PROCEDURE 80-4 OR REVENUE PROCEDURE 70-6 OR  ANY
SUCCESSOR  THERETO  TO BE THE EMPLOYER AGENT ON BEHALF OF ELIGIBLE INDI-
VIDUALS OR TO ACT AS THE ELIGIBLE INDIVIDUAL'S FISCAL  INTERMEDIARY  FOR
CERTAIN APPROVED SERVICES.
  (B)  THE  OFFICE  SHALL  FILE  OR CAUSE TO BE FILED WITHIN ONE HUNDRED
TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION AN APPLICATION FOR
A FEDERAL WAIVER PURSUANT TO SECTION 1115 OF THE SOCIAL SECURITY ACT  OR
ANY  SUCCESSOR  THERETO,  AND EVERY STATE AGENCY IS HEREBY EMPOWERED AND
DIRECTED TO COOPERATE WITH THE OFFICE AND TO COMPLY WITH ANY REQUEST FOR
THE FILING OF SUCH WAIVER IF THE OFFICE SHALL LACK POWER  AND  AUTHORITY
TO FILE SUCH WAIVER ITSELF. IN MAKING SUCH APPLICATION FOR FEDERAL WAIV-
ER,  THE  OFFICE SHALL SEEK TO INCLUDE AND PROVIDE A SEAMLESS NETWORK OF
OTHER SERVICES PROVIDED THROUGH THE OFFICE WHERE APPROPRIATE.  IN FILING
SUCH WAIVER FOR THE OPERATION OF THE PROGRAM, THE OFFICE SHALL  SEEK  TO
PROVIDE  SERVICES  PURSUANT  TO  THE PRINCIPLE THAT INDIVIDUALS HAVE THE
PRIMARY AUTHORITY TO MAKE CHOICES THAT WORK BEST FOR THEM, REGARDLESS OF
THE NATURE OR EXTENT OF THEIR DISABILITY OR THE SOURCE  OF  PAYMENT  FOR
SERVICES.  SERVICES  PROVIDED PURSUANT TO THIS SECTION BY OR THROUGH THE
OFFICE SHALL OBSERVE THE FOLLOWING OBJECTIVES AND ASSUMPTIONS:
  (1) THAT ELIGIBLE INDIVIDUALS ARE THE EXPERTS ON THEIR SERVICE NEEDS;
  (2) THAT DIFFERENT TYPES  OF  SERVICES  WARRANT  DIFFERENT  LEVELS  OF
PROFESSIONAL INVOLVEMENT;
  (3)  THAT CHOICE AND CONTROL CAN BE INTRODUCED INTO ALL SERVICE DELIV-
ERY ENVIRONMENTS;
  (4) THAT SERVICES THAT SUPPORT THE DIGNITY OF PEOPLE CAN BE LESS COST-
LY WHEN PROPERLY DESIGNED; AND

S. 2167                             3

  (5) THAT THE PROGRAM SHALL BE AVAILABLE TO ALL PERSONS OVER THE AGE OF
SIXTY WHO MEET ELIGIBILITY REQUIREMENTS, REGARDLESS OF PAYER  OR  SOURCE
OF PAYMENT.
  (C)  IN  DESIGNING  THE  PROGRAM AND PROVIDING SERVICES, THE OFFICE IS
AUTHORIZED TO WAIVE ANY PROVISION OF SECTION THREE HUNDRED SIXTY-SEVEN-B
OF THE SOCIAL SERVICES LAW, OR ANY RULE OR REGULATION PROMULGATED PURSU-
ANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF  THE  SOCIAL  SERVICES  LAW
WHICH  IN  THE  JUDGMENT  OF THE OFFICE RESTRICTS ITS ABILITY TO PROVIDE
SERVICES AS REQUIRED BY THIS SUBDIVISION, SO  LONG  AS  SUCH  WAIVER  IS
CONSISTENT  WITH  ANY FEDERAL WAIVER GRANTED PURSUANT TO SECTION 1115 OF
THE SOCIAL SECURITY ACT OR ANY SUCCESSOR THERETO.
  (D) THE OFFICE SHALL SEEK TO EXPAND SOURCE OF PAYMENT FOR THE PROGRAM,
INCLUDING PAYMENTS FROM VOLUNTARY AND WILLING PRIVATE SOURCES, INSURANCE
PLANS, CHARITIES AND FOUNDATIONS AND INDIVIDUALS.
  (E) THE OFFICE IS HEREBY EMPOWERED TO  PROVIDE  OR  CONTRACT  FOR  THE
PROVISION  OF  SUCH  CONSUMER DIRECTED SERVICES IN ANY COUNTY WITHIN THE
STATE. THE OFFICE SHALL SEEK TO COORDINATE  SERVICES  WITH  ANY  CURRENT
PROVIDER  OF  CONSUMER DIRECTED SERVICES. NO STATE AGENCY SHALL IMPOSE A
LIMITATION ON THE NUMBER OF ELIGIBLE INDIVIDUALS SERVED BY THIS PROGRAM.
  (F) THE OFFICE SHALL NOT BE SUBJECT TO AUDIT, ASSESSMENT,  SUSPENSION,
SANCTION,  OR  REPORT BY A STATE AGENCY FOR A PROGRAM CONDUCTED PURSUANT
TO THE AUTHORITY OF THIS SUBDIVISION, EXCEPT THAT IT SHALL BE SUBJECT TO
AUDIT BY THE OFFICE OF THE STATE COMPTROLLER TO  THE  EXTENT  THAT  SUCH
PROGRAMS WOULD HAVE BEEN SUBJECT TO AUDIT BUT FOR THIS PARAGRAPH.
  S 2. This act shall take effect immediately.