S T A T E O F N E W Y O R K
________________________________________________________________________
5732
2015-2016 Regular Sessions
I N S E N A T E
June 1, 2015
___________
Introduced by Sen. SERINO -- 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 providing enriched social
adult day services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 215-b of the elder law, as added by section 27 of
part A of chapter 58 of the laws of 2008, is amended to read as follows:
S 215-b. Enriched social adult day services [demonstration project].
1. Legislative intent. Social adult day services programs are resources
that can help communities maintain the independence of [elderly resi-
dents] FUNCTIONALLY IMPAIRED ADULTS. The level of services needed by
some [elderly persons] FUNCTIONALLY IMPAIRED ADULTS exceeds the level of
assistance currently available through social model adult day services
programs but is not at the level of support provided in an adult day
health care program. Social adult day services programs cannot enroll
new participants whose needs exceed the services that can be provided in
the current social adult day services programs. Additionally, these
programs must discharge current participants when their needs cannot be
met. Therefore, an enriched social adult day services project shall be
established as a demonstration project for the purposes of maintaining
[elderly persons] FUNCTIONALLY IMPAIRED ADULTS in the community by
deterring or delaying institutionalization.
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,] INDIVIDUALS 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11196-01-5
S. 5732 2
social adult day services programs but not at the level of support
provided by adult day health care programs.
[(c)] (B) "Eligible entity" shall mean any not-for-profit or govern-
ment 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
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] CURRENTLY PROVIDES ALL
OF THE SERVICES REQUIRED FOR SOCIAL ADULT DAY SERVICES PROGRAMS PURSUANT
TO SECTION TWO HUNDRED FIFTEEN OF THIS TITLE; INCLUDING TOTAL ASSISTANCE
WITH TOILETING, MOBILITY, TRANSFERRING, AND EATING WHERE APPROPRIATE;
AND HAS AN EXISTING CONTRACT WITH THE STATE OFFICE FOR THE AGING.
[(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)] (C) "Enriched services" shall include the [provision of total
assistance with toileting, mobility, transferring and eating;] dispens-
ing of medications by a registered nurse; health education; counseling;
case management; restorative therapies lasting less than six months and
maintenance therapies. [Total assistance with toileting, mobility,
transferring 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)] (D) "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.
3. [Demonstration project. The director, in conjunction with the
commissioner of health, is authorized and directed to establish an
enriched social adult day services demonstration project for the
purposes of testing innovative ways that social adult day services
programs can successfully enable eligible participants to remain inde-
pendent in their communities by deterring or delaying institutionaliza-
tion through the use of enriched services.
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, OPTIONAL SERVICES, OR BOTH. SUCH APPLICATION SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(1) AN ESTIMATE OF THE NUMBER OF ELIGIBLE PARTICIPANTS TO WHOM THE
ELIGIBLE ENTITY COULD EFFECTIVELY PROVIDE THE SERVICES FOR WHICH THEY
ARE APPLYING TO OFFER PURSUANT TO THIS SECTION; AND
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(2) A PLAN UNDER WHICH THE ELIGIBLE ENTITY WOULD SAFELY OFFER THE
SERVICES FOR WHICH THEY ARE APPLYING PURSUANT TO THIS SECTION, EITHER
DIRECTLY OR THROUGH A CONTRACT WITH A LICENSED HEALTH CARE PRACTITIONER
OR LICENSED HOME CARE PROVIDER AS DEFINED IN SECTION THIRTY-SIX HUNDRED
FIVE OF THE PUBLIC HEALTH LAW.
(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] ELIGIBLE ENTITIES that can effectively serve eligible
participants residing in rural, urban, or suburban settings;
(2) [projects] ELIGIBLE ENTITIES that effectively serve culturally
diverse populations;
(3) [projects] ELIGIBLE ENTITIES that demonstrate innovative use of
technology, coordination, partnerships, transportation or other services
to enable eligible 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 to be appropriate.
[5.] 4. Evaluation. On or before January thirtieth, two thousand
[eleven] SEVENTEEN, the director shall provide the governor, the speaker
of the assembly, the temporary president of the senate, and the chair-
persons of the assembly and senate aging and health committees with a
written evaluation 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, partic-
ipant satisfaction and program quality, and identification of the
program design elements necessary for successful replication.
[6. Funds.] 5. GRANTS. (A) THE DIRECTOR MAY, WITHIN AMOUNTS APPROPRI-
ATED THEREFOR, MAKE GRANTS, AVAILABLE ON A COMPETITIVE BASIS, TO ELIGI-
BLE ENTITIES UNDER THIS SECTION. SUCH GRANTS SHALL BE FOR ONE HUNDRED
PERCENT OF THE 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 UNDER SUBDIVI-
SION THREE 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 immediately; 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
repealed therewith.
