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.