NY State Senate Bill 2013-S1679

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2014	reported and committed to finance
Jan 08, 2014	referred to aging
Jun 04, 2013	reported and committed to finance
Jan 09, 2013	referred to aging

Votes

- May 13, 2014 - Aging Committee Vote
  S1679
  
  7
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: May 13, 2014
      
      aye (7)
      
      Addabbo Jr.
      
      Diaz
      
      Felder
      
      Golden
      
      Sanders Jr.
      
      Stavisky
      
      Valesky
      
      nay (1)
      
      Zeldin
      
      aye wr (2)
      
      LaValle
      
      Marchione
  Jun 4, 2013 - Aging Committee Vote
  S1679
  
  7
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Jun 4, 2013
      
      aye (7)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Diaz
      
      Felder
      
      Stavisky
      
      Valesky
      
      nay (1)
      
      Zeldin
      
      aye wr (3)
      
      Golden
      
      LaValle
      
      Marchione

co-Sponsors

2013-S1679 (ACTIVE) - Details

See Assembly Version of this Bill:: A1791
Current Committee:: Senate Finance
Law Section:: Elder Law
Laws Affected:: Add §224, Eld L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3340, A7152
2011-2012: S348, A396, A8988
2015-2016: S348, A5334
2017-2018: S4914

2013-S1679 (ACTIVE) - Summary

Establishes the home delivered meal assistance program.

2013-S1679 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1679

TITLE  OF  BILL:    An  act  to  amend  the  elder law, in relation to
establishing the home delivered meal assistance program

PURPOSE:  Establishes the home delivered meal assistance program.

SUMMARY OF PROVISIONS:

Section 1. Amends the Elder Law by adding a new section 224.  Provides
that  any  person  who:  is  over  sixty years of age or that person's
spouse, and meets established criteria, and  receives  a  standardized
assessment  conducted  by  the  local  area  agency  on  aging, and is
currently on a waiting list and  not  receiving  home  delivered  meal
services  due to inadequate funding, shall receive the services of the
home delivered meal assistance program.

Section 2. Reporting requirements

Section 3. Provides that the Director of  the  Office  for  the  Aging
shall implement rules and regulations for the effective implementation
of this act.

Section  4.  Specifies  that  the responsibility of the area agency on
aging, shall be contingent upon the appropriation received pursuant to
section 1. Prohibits a  private  right  of  action  against  the  Area

Agency.

Section 5. Effective Date

EXISTING LAW: None.

JUSTIFICATION:  The supplemental nutrition assistance program began in
1984  as  the  Governor's  Initiative  to  "improve  health status and
well-being of its most fragile citizens by reducing  their  levels  of
hunger, malnutrition and nutritionally related illness." Programs were
expected  to  "provide nutritious food supplementation and be designed
to target the needs of individuals, who  are  either  homeless,  frail
elderly,  or  low-income  women,  infants  and  children  who  are  at
nutritional risk." The home delivered meal assistance program  to  the
frail elderly is one component of these important nutrition programs.

Frail  Elderly  are  identified  as persons over age 60 at or near the
poverty level  who  are  mentally  or  physically  disabled,  socially
isolated  or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who  were  below  or
near  the poverty level and living alone; who had one of the following
chronic diseases: heart disease, cancer, diabetes, chronic obstructive
lung disease, arthritis. Minority individuals were expected  to  be  a
substantial part of the priority group.

Home  delivered  meals are a critical component in assisting the frail
elderly to remain at home. Several counties have reported  seniors  on
waiting lists and other counties report that they typically run out of
State funding for home delivered meals in July or August of each year.


As  a  result,  some  counties  rely  on local tax dollars in order to
supplement funding for this State program  in  order  to  continue  to
provide home delivered meals.

Current  waiting lists for home delivered meals are not required to be
reported to the New York State Office for the Aging. Recent  estimates
suggest that approximately 2,000 seniors throughout New York State are
eligible  for,  but  not  receiving home delivered meals. This number,
however, can vary greatly. Recent administrative changes to  New  York
City's  home  delivered meal program significantly reduced the waiting
list. As the City's economic crisis  worsens  however,  seniors  could
once  again  find  themselves  needing,  but  unable  to receive, home
delivered meals.

This legislation seeks  to  provide  adequate  funding  for  the  home
delivered  meal  assistance  program  in  order  to  eliminate current
waiting lists that exist due to inadequate state funding.

LEGISLATIVE HISTORY:  2012: S.348 - Referred to Aging/A.396 - Enacting
Clause Stricken/A.8988-Referred to Aging 2011: S.348  -  Reported  and
Committed  to  Finance/A.396  -  Referred  to  Aging  2009-10: S.3340D
Reported and Committed to Finance/A.7152C Amend and Recommit to Aging

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  180 days after it shall have become law.

2013-S1679 (ACTIVE) - Bill Text download pdf

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

                                  1679

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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  establishing  the  home
  delivered meal assistance 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 DELIVERED MEAL ASSISTANCE PROGRAM. 1.  ANY PERSON THAT (A)
MEETS  THE  CRITERIA ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, (B)
WHO IS NOT RECEIVING THE SERVICES OF THE HOME DELIVERED MEAL  ASSISTANCE
PROGRAM DUE TO INADEQUATE FUNDING AND (C) IS CURRENTLY ON A WAITING LIST
FOR  THE  HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM,  SHALL RECEIVE THE
SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM.
  2. ANY PERSON ELIGIBLE TO RECEIVE THE SERVICES OF THE  HOME  DELIVERED
MEAL ASSISTANCE PROGRAM MUST MEET THE FOLLOWING CRITERIA:
  (A) IS SIXTY YEARS OF AGE OR OLDER;
  (B) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY;
  (C) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
  (D)  IS UNABLE TO PREPARE MEALS DUE TO A LACK OR INADEQUACY OF FACILI-
TIES, OR AN INABILITY TO SHOP, COOK OR PREPARE MEALS SAFELY, OR  A  LACK
OF KNOWLEDGE OR SKILL.
  3. THE SPOUSE OF A PERSON WHO MEETS THE CRITERIA ESTABLISHED IN SUBDI-
VISION  TWO OF THIS SECTION, REGARDLESS OF AGE, MAY RECEIVE THE SERVICES
OF THE HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM  IF  RECEIPT  OF  SUCH
SERVICES IS IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
  4.  THE  AREA  AGENCY  MUST  ENSURE  THAT  EACH PERSON REFERRED FOR OR
REQUESTING THE SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM IS
ASSESSED BY THE AREA AGENCY OR SUCH AREA AGENCY'S SUBCONTRACTING  ORGAN-
IZATION  TO  PERFORM  SUCH ASSESSMENT.   SUCH ASSESSMENT SHALL DETERMINE

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

                                                           LBD00495-01-3

S. 1679                             2

THAT THE PERSON REFERRED FOR OR REQUESTING  THE  SERVICES  OF  THE  HOME
DELIVERED  MEAL  ASSISTANCE  PROGRAM  MEETS  THE CRITERIA ESTABLISHED IN
SUBDIVISION TWO OF THIS SECTION.
  (A)  THE  AREA  AGENCY MUST ALSO DOCUMENT ADEQUATE FOLLOW-UP AND REAS-
SESSMENT.
  (B) THE AREA AGENCY MUST ASSURE THE USE OF STANDARDIZED CLIENT ASSESS-
MENT PROCEDURES THAT ARE CONSISTENT WITH THE OFFICE'S GUIDELINES.
  S 2. Reporting. Designated agencies shall report to  the  director  of
the  office  for  the  aging, at a time and manner to be decided upon by
such director, the following:
  (a) the number of persons who are on waiting lists pursuant to  subdi-
vision 1 of section 224 of the elder law.
  (b)  the  amount  of  local funding each designated agency contributes
towards the home delivered meal assistance program.
  (c) the point  during  the  contract  period  each  designated  agency
expends  all  state  funding  for  the  home  delivered  meal assistance
program.
  S 3. The director of the office for the aging shall  promulgate  rules
and  regulations  he or she deems appropriate to effectuate the purposes
of this act.
  S 4. The responsibility of the area agency shall  be  contingent  upon
the  state  appropriation  received pursuant to subdivision 1 of section
224 of the elder law for such services from the state. In no event shall
this section provide a private right of action by any person against the
area agency.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S1679

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 13, 2014 - Aging Committee Vote

Aging Committee Vote: May 13, 2014

Jun 4, 2013 - Aging Committee Vote

Aging Committee Vote: Jun 4, 2013

co-Sponsors

2013-S1679 (ACTIVE) - Details

2013-S1679 (ACTIVE) - Summary

2013-S1679 (ACTIVE) - Sponsor Memo

2013-S1679 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1679

Share this bill

Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Tony Avella

Kevin S. Parker

2013-S1679 (ACTIVE) - Details

2013-S1679 (ACTIVE) - Summary

2013-S1679 (ACTIVE) - Sponsor Memo

2013-S1679 (ACTIVE) - Bill Text download pdf

Comments