S T A T E O F N E W Y O R K
________________________________________________________________________
1910--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. MILLMAN, BOYLAND, JACOBS, CLARK -- Multi-Spon-
sored by -- M. of A. BARRETT, BARRON, BRINDISI, BROOK-KRASNY, GRAF,
ROBINSON -- read once and referred to the Committee on Aging --
reported and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the elder law, in relation to allowing the director of
the office for the aging to authorize enriched services or optional
services to eligible entities without a grant
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 4, 5 and 6 of section 215-b of the elder
law, as added by section 27 of part A of chapter 58 of the laws of 2008,
are amended to read as follows:
2. Definitions. For purposes of this section, the following terms
shall have the following meanings:
(a) "Elderly" or "elderly persons" shall mean persons who are sixty
years of age or older.
(b) "Eligible participant" shall mean elderly or elderly persons as
defined in this section, who are functionally impaired, as defined in
section two hundred fifteen of this title, and in need of services that
exceed the level of assistance currently available through social adult
day services programs but not at the level of support provided by adult
day health care programs.
(c) "Eligible entity" shall mean any not-for-profit or government
entity, including the governing body or council of an Indian tribal
reservation, who has demonstrated to the office and the department of
health, based on criteria developed by the director and the commissioner
of health, that it can safely provide either directly or through a
contract with a licensed health care practitioner or licensed home care
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01912-02-3
A. 1910--A 2
provider as defined in section thirty-six hundred five of the public
health law, social adult day care services as defined in section two
hundred fifteen of this title[, as well as additional allowable medical
services as developed by the director and the commissioner of health,
and optional services as defined in this section].
[(d) "Enriched social adult day services demonstration project" or
"project" shall mean programs eligible under this section that provide
all of the services currently required for social adult day services
programs under section two hundred fifteen of this title in addition to
enriched services, and may include optional services.
(e)] (D) "Enriched services" shall include the provision of total
assistance with toileting, mobility, transferring and eating; dispensing
of medications by a registered nurse; health education; counseling; case
management; restorative therapies lasting less than six months and main-
tenance therapies. Total assistance with toileting, mobility, trans-
ferring and eating shall be provided under the supervision of a licensed
health care provider. Restorative and maintenance therapies shall be
provided by an appropriately licensed health care provider.
[(f)] (E) "Optional services" shall mean other non-medical services
approved by the director designed to improve the quality of life of
eligible participants by extending their independence, avoiding unneces-
sary hospital and nursing home stays, and sustaining their informal
supports.
4. Duties of the director. (a) The director, in conjunction with the
commissioner of health, [may make up to twenty grants available on a
competitive basis to eligible entities under this section. Such grants
may be available for up to two hundred thousand dollars for each
enriched social adult day services demonstration project and shall be
for up to one hundred percent of allowable expenditures for approved
services and expenses under this section.] SHALL DEVELOP AN APPLICATION
PROCESS WHEREBY ELIGIBLE ENTITIES MAY APPLY FOR APPROVAL TO OFFER
ENRICHED SERVICES OR OPTIONAL SERVICES OR BOTH. SUCH APPLICATION SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(1) AN ESTIMATE OF THE NUMBER OF ELDERLY PERSONS THAT COULD BE EFFEC-
TIVELY SERVED BY THE ELIGIBLE ENTITY IF ENRICHED SERVICES, OPTIONAL
SERVICES OR BOTH WERE OFFERED; AND
(2) A PLAN BY THE ELIGIBLE ENTITY TO OFFER ENRICHED SERVICES, OPTIONAL
SERVICES OR BOTH IN ACCORDANCE WITH THE REQUIREMENTS OF PARAGRAPH (D) OF
SUBDIVISION TWO OF THIS SECTION.
(b) In [making grants] CONSIDERING APPLICATIONS MADE PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, the director, in conjunction with the
commissioner of health, may consider:
(1) projects that can effectively serve eligible participants residing
in rural, urban, or suburban settings;
(2) projects that effectively serve culturally diverse populations;
(3) projects that demonstrate innovative use of technology, coordi-
nation, partnerships, transportation or other services to enable eligi-
ble participants to be effectively served; AND
(4) [the capacity of the eligible entity to identify eligible partic-
ipants for enriched adult day services demonstration projects; and
(5)] any other criteria determined BY THE DIRECTOR, IN CONJUNCTION
WITH THE COMMISSIONER OF HEALTH, to be appropriate.
5. Evaluation. On or before January thirtieth, two thousand [eleven]
FIFTEEN, the director shall provide the governor, the speaker of the
assembly, the temporary president of the senate, and the chairpersons of
the assembly and senate aging and health committees with a written eval-
A. 1910--A 3
uation of the program. The evaluation shall examine the effectiveness of
the project in forestalling institutional placement, the costs of
providing enriched services in a day care setting, participant satisfac-
tion and program quality, and identification of the program design
elements necessary for successful replication.
6. [Funds] GRANTS. (A) THE DIRECTOR, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, MAY, WITHIN AMOUNTS APPROPRIATED THEREFOR, MAKE UP TO
TWENTY GRANTS AVAILABLE ON A COMPETITIVE BASIS TO ELIGIBLE ENTITIES
UNDER THIS SECTION. SUCH GRANTS MAY BE AVAILABLE FOR UP TO TWO HUNDRED
THOUSAND DOLLARS FOR EACH ENRICHED SOCIAL ADULT DAY SERVICES DEMON-
STRATION PROJECT AND SHALL BE FOR UP TO ONE HUNDRED PERCENT OF ALLOWABLE
EXPENDITURES FOR APPROVED SERVICES AND EXPENSES UNDER THIS SECTION.
(B) IN MAKING GRANTS, THE DIRECTOR, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, MAY CONSIDER THE CRITERIA ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION.
(C) Funds made available under this [section] SUBDIVISION shall
supplement and not supplant any federal, state, or local funds expended
by any entity, including a unit of general purpose local government or
not-for-profit, to provide services under this section. Funds under this
[section] SUBDIVISION cannot pay for individuals who are eligible under
title nineteen of the federal social security act.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to section
215-b of the elder law made by section one of this act shall not affect
the repeal of such section and shall be deemed to be repealed therewith.