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

                                   998

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEINSTEIN, JACOBS, ORTIZ -- Multi-Sponsored by --
  M.  of A. BRENNAN, CLARK, CYMBROWITZ, DINOWITZ, GALEF, GLICK, MILLMAN,
  SCARBOROUGH -- read once and referred to the Committee on Health

AN ACT to amend the social services law, in  relation  to  defining  the
  kind  of  assistance  required  for  a  recipient  to  obtain medicaid
  personal care services

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

  Section  1.  Subparagraph  (i)  of  paragraph  (e) of subdivision 2 of
section 365-a of the social services law, as amended by  section  89  of
part H of chapter 59 of the laws of 2011, is amended to read as follows:
  (i)  personal  care  services,  including  personal emergency response
services, shared aide and an individual aide, subject to the  provisions
of  subparagraphs  (ii), (iii), and (iv) of this paragraph, furnished to
an individual who is not an inpatient or resident of a hospital, nursing
facility, intermediate care  facility  for  the  mentally  retarded,  or
institution  for  mental  disease, as determined to meet the recipient's
needs for assistance, INCLUDING  HANDS-ON  ASSISTANCE,  SUPERVISION  AND
CUING,  TO ENSURE SAFE PERFORMANCE OF ALL ACTIVITIES OF DAILY LIVING AND
INSTRUMENTAL ACTIVITIES OF DAILY LIVING FOR  PERSONS  WITH  PHYSICAL  OR
COGNITIVE IMPAIRMENTS, when [cost effective and] appropriate[,] and when
prescribed  by  a  physician, in accordance with the recipient's plan of
treatment and provided by individuals who are qualified to provide  such
services,  who  are  supervised  by  a  registered nurse and who are not
members of the recipient's family, and furnished in the recipient's home
or other location.
  ASSISTANCE WITH ACTIVITIES OF DAILY LIVING, AS USED IN THIS PARAGRAPH,
INCLUDES ASSISTANCE WITH EATING, BATHING, DRESSING, GROOMING, TOILETING,
MAINTAINING CONTINENCE, TRANSFERRING, MOBILITY INSIDE AND OUTSIDE OF THE
HOME, AND ASSISTANCE WITH  THE  ADMINISTRATION  OF  MEDICATIONS  BY  THE

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

                                                           LBD03704-01-3

A. 998                              2

RECIPIENT.  ASSISTANCE  WITH INSTRUMENTAL ACTIVITIES OF DAILY LIVING, AS
USED IN THIS PARAGRAPH, INCLUDES ASSISTANCE WITH MEAL PREPARATION, SHOP-
PING, LAUNDRY, HOUSEKEEPING (MAKING AND CHANGING BEDS,  WASHING  DISHES,
VACUUMING,  SWEEPING,  AND  DUSTING),  USING  THE  TELEPHONE, PAYMENT OF
BILLS, AND OTHER ESSENTIAL ERRANDS;
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary for the implementation of the foregoing section of this act on
its  effective  date is authorized and directed to be made and completed
on or before such effective date.