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

S. 5732                             3

  (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.