Senate Bill S5712A

Signed By Governor
2015-2016 Legislative Session

Relates to consumer directed personal assistance programs

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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

Bill Amendments

co-Sponsors

2015-S5712 - Details

See Assembly Version of this Bill:
A7532
Law Section:
Social Services Law
Laws Affected:
Amd §365-f, Soc Serv L

2015-S5712 - Summary

Relates to consumer directed personal assistance programs.

2015-S5712 - Sponsor Memo

2015-S5712 - Bill Text download pdf

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

                                  5712

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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

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

  Section 1. Paragraph (c) of subdivision 2  of  section  365-f  of  the
social  services  law,  as  added  by chapter 81 of the laws of 1995, is
amended to read as follows:
  (c) has been determined by the social services district,  pursuant  to
an assessment of the person's appropriateness for the program, conducted
with an appropriate long term home health care program, a certified home
health  agency, or an AIDS home care program or pursuant to the personal
care program, as being in need of home care  services  or  private  duty
nursing  and  is  able  and  willing or has a DESIGNATED REPRESENTATIVE,
INCLUDING A legal guardian able and willing to make informed choices, or
[has designated] a DESIGNATED relative or other adult who  is  able  and
willing to assist in making informed choices, as to the type and quality
of services, including but not limited to such services as nursing care,
personal care, transportation and respite services; and
  S  2.  Subdivision  3  of section 365-f of the social services law, as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  3. Division of responsibilities. Eligible  individuals  who  elect  to
participate  in the program assume the responsibility for services under
such program as mutually  agreed  to  by  the  eligible  individual  and
provider  and as documented in the eligible individual's record, INCLUD-
ING, BUT NOT  LIMITED  TO,  RECRUITING,  HIRING  AND  SUPERVISING  THEIR
PERSONAL  ASSISTANTS. FOR THE PURPOSES OF THIS SECTION, PERSONAL ASSIST-
ANT SHALL MEAN AN ADULT WHO PROVIDES SERVICES UNDER THIS SECTION TO  THE
ELIGIBLE  INDIVIDUAL UNDER THE ELIGIBLE INDIVIDUAL'S INSTRUCTION, SUPER-
VISION AND DIRECTION OR UNDER THE INSTRUCTION, SUPERVISION AND DIRECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10867-03-5
              

co-Sponsors

2015-S5712A (ACTIVE) - Details

See Assembly Version of this Bill:
A7532
Law Section:
Social Services Law
Laws Affected:
Amd §365-f, Soc Serv L

2015-S5712A (ACTIVE) - Summary

Relates to consumer directed personal assistance programs.

2015-S5712A (ACTIVE) - Sponsor Memo

2015-S5712A (ACTIVE) - Bill Text download pdf

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

                                 5712--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced  by  Sens.  FELDER, ROBACH -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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

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

  Section  1.  Paragraph  (c)  of  subdivision 2 of section 365-f of the
social services law, as added by chapter 81 of  the  laws  of  1995,  is
amended to read as follows:
  (c)  has  been determined by the social services district, pursuant to
an assessment of the person's appropriateness for the program, conducted
with an appropriate long term home health care program, a certified home
health agency, or an AIDS home care program or pursuant to the  personal
care  program,  as  being  in need of home care services or private duty
nursing and is able and willing  or  has  a  DESIGNATED  REPRESENTATIVE,
INCLUDING A legal guardian able and willing to make informed choices, or
[has  designated]  a  DESIGNATED relative or other adult who is able and
willing to assist in making informed choices, as to the type and quality
of services, including but not limited to such services as nursing care,
personal care, transportation and respite services; and
  S 2. Subdivision 3 of section 365-f of the  social  services  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  3.  Division  of  responsibilities.  Eligible individuals who elect to
participate in the program assume the responsibility for services  under
such  program  as  mutually  agreed  to  by  the eligible individual and
provider and as documented in the eligible individual's record,  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  RECRUITING,  HIRING  AND SUPERVISING THEIR
PERSONAL ASSISTANTS. FOR THE PURPOSES OF THIS SECTION, PERSONAL  ASSIST-
ANT  SHALL MEAN AN ADULT WHO PROVIDES SERVICES UNDER THIS SECTION TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10867-05-5
              

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