S T A T E O F N E W Y O R K
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3467
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. RAIA, FINCH, MONTESANO, GRAF, BLANKENBUSH --
Multi-Sponsored by -- M. of A. BARCLAY, GIGLIO, HAWLEY, KOLB, McDO-
NOUGH, McLAUGHLIN, OAKS, PALMESANO, SALADINO -- read once and referred
to the Committee on Aging
AN ACT to amend the elder law, in relation to creating the New York
state lifespan respite care program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares that supporting the efforts of families and caregivers who care
for individuals with special needs at home is efficient, cost effective
and humane. Families receiving occasional respite care relief are less
likely to request admission of an individual with special needs to nurs-
ing homes, foster care or other out-of-home care at public expense.
Respite care reduces family and caregiver stress, enhances family and
caregiver coping ability and strengthens family ability to meet the
challenging demands of caring for individuals with special needs.
Respite care reduces the risk of abuse and neglect of senior citizens
and other vulnerable groups. Coordinated, non-categorical respite care
services must be available locally to provide reliable short-term relief
when it is needed by families and caregivers regardless of where they
live in New York state.
Therefore, the legislature finds that a statewide centralized program
to provide direction, resources and support for the establishment and
operation of community-based respite care programs would serve a purpose
beneficial to all the citizens of New York state.
§ 2. The elder law is amended by adding a new section 215-c to read as
follows:
§ 215-C. LIFESPAN RESPITE CARE. 1. DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06839-01-7
A. 3467 2
(A) "CAREGIVER" SHALL MEAN AN INDIVIDUAL PROVIDING ONGOING CARE FOR AN
INDIVIDUAL WITH SPECIAL NEEDS.
(B) "COMMUNITY LIFESPAN RESPITE CARE PROGRAM" SHALL MEAN A NON-CATE-
GORICAL RESPITE CARE PROGRAM THAT:
(1) IS OPERATED BY COMMUNITY-BASED PRIVATE NON-PROFIT, FOR-PROFIT OR
PUBLIC AGENCIES THAT PROVIDE RESPITE CARE SERVICES;
(2) SERVES AN AREA OF ONE OR MORE COUNTIES;
(3) ACTS AS A SINGLE LOCAL SOURCE OF INFORMATION AND REFERRAL; AND
(4) FACILITATES ACCESS TO LOCAL RESPITE CARE SERVICES.
(C) "NEW YORK STATE LIFESPAN RESPITE CARE PROGRAM" SHALL MEAN THE
PROGRAM ESTABLISHED IN THE STATE OFFICE FOR THE AGING PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION HEREINAFTER REFERRED TO AS "THE PROGRAM".
(D) "NON-CATEGORICAL CARE" SHALL MEAN CARE WITHOUT REGARD TO THE
STATUS, INCLUDING BUT NOT LIMITED TO, AGE AND TYPE OF SPECIAL NEED, OF
THE INDIVIDUAL RECEIVING CARE.
(E) "PROVIDER" SHALL MEAN INDIVIDUAL OR AGENCY SELECTED BY A FAMILY OR
CAREGIVER TO PROVIDE RESPITE CARE TO AN INDIVIDUAL WITH SPECIAL NEEDS.
(F) "RESPITE CARE" SHALL MEAN THE PROVISION OF SHORT-TERM RELIEF TO
PRIMARY CAREGIVERS FROM THE DEMANDS OF ONGOING CARE FOR AN INDIVIDUAL
WITH SPECIAL NEEDS.
(G) "RESPITE CARE SERVICES" SHALL INCLUDE:
(1) RECRUITING AND SCREENING OF PAID AND UNPAID RESPITE CARE PROVID-
ERS;
(2) IDENTIFYING LOCAL TRAINING RESOURCES AND ORGANIZING TRAINING
OPPORTUNITIES FOR RESPITE CARE PROVIDERS;
(3) MATCHING OF FAMILIES AND CAREGIVERS WITH PROVIDERS AND OTHER TYPES
OF RESPITE CARE;
(4) LINKING FAMILIES AND CAREGIVERS WITH PAYMENT RESOURCES;
(5) IDENTIFYING, COORDINATING AND DEVELOPING THE COMMUNITY RESOURCES
FOR RESPITE CARE;
(6) QUALITY ASSURANCE AND EVALUATION; AND
(7) ASSISTING FAMILIES AND CAREGIVERS TO IDENTIFY RESPITE CARE NEEDS
AND RESOURCES.
(H) "SPECIAL NEEDS" INCLUDES:
(1) ALZHEIMER'S DISEASE AND RELATED DISORDERS;
(2) DEVELOPMENTAL DISABILITIES;
(3) PHYSICAL DISABILITIES;
(4) CHRONIC ILLNESS;
(5) MENTAL AND EMOTIONAL CONDITIONS THAT REQUIRE SUPERVISION;
(6) SITUATIONS IN WHICH A HIGH RISK OF ABUSE OR NEGLECT EXISTS; AND
(7) SUCH OTHER SITUATIONS OR CONDITIONS AS THE OFFICE MAY FROM TIME TO
TIME ESTABLISH.
2. THE NEW YORK STATE LIFESPAN RESPITE CARE PROGRAM ESTABLISHED. (A)
THE DIRECTOR IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND REGU-
LATIONS TO ESTABLISH THE NEW YORK STATE LIFESPAN RESPITE CARE PROGRAM
FOR THE PURPOSE OF DEVELOPING AND ENCOURAGING STATEWIDE COORDINATION OF
RESPITE CARE AND TO WORK WITH COMMUNITY-BASED PRIVATE NOT-FOR-PROFIT,
FOR-PROFIT OR PUBLIC AGENCIES AND INTERESTED CITIZEN GROUPS TO FOSTER
THE ESTABLISHMENT OF RECOGNIZED COMMUNITY LIFESPAN RESPITE CARE PROGRAMS
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
(B) THE PROGRAM SHALL:
(1) PROVIDE POLICY AND PROGRAM DEVELOPMENT SUPPORT, INCLUDING BUT NOT
LIMITED TO DATA COLLECTION AND OUTCOME MEASURES;
(2) IDENTIFY AND PROMOTE RESOLUTION OF LOCAL AND STATE LEVEL POLICY
CONCERNS;
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(3) PROVIDE TECHNICAL ASSISTANCE TO COMMUNITY LIFESPAN RESPITE CARE
PROGRAMS;
(4) DEVELOP AND DISTRIBUTE RESPITE CARE INFORMATION;
(5) PROMOTE THE EXCHANGE OF INFORMATION AND COORDINATION AMONG STATE
AND LOCAL GOVERNMENT, COMMUNITY LIFESPAN RESPITE CARE PROGRAMS, AGENCIES
SERVING INDIVIDUALS WITH SPECIAL NEEDS, FAMILIES AND RESPITE CARE ADVO-
CATES TO ENCOURAGE EFFICIENT PROVISION OF RESPITE CARE AND REDUCE DUPLI-
CATION OF EFFORT;
(6) ENSURE STATEWIDE ACCESS TO COMMUNITY LIFESPAN RESPITE CARE
PROGRAMS, PARTICULARLY IN RURAL AREAS; AND
(7) MONITOR AND EVALUATE IMPLEMENTATION OF COMMUNITY LIFESPAN RESPITE
CARE PROGRAMS.
(C) THE DIRECTOR SHALL APPOINT AN ADVISORY COUNCIL TO THE PROGRAM
WHICH SHALL BE COMPOSED OF QUALIFIED INDIVIDUALS INCLUDING RESPITE CARE
PROVIDERS, RESPITE CARE PROGRAM MANAGERS, RESPITE CARE CONSUMERS, FAMILY
MEMBERS AND OTHER INTERESTED INDIVIDUALS.
3. COMMUNITY LIFESPAN RESPITE CARE PROGRAMS. (A) THE DIRECTOR, THROUGH
THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
SHALL COORDINATE THE ESTABLISHMENT OF COMMUNITY LIFESPAN RESPITE CARE
PROGRAMS. THE PROGRAM SHALL ACCEPT PROPOSALS TO OPERATE COMMUNITY LIFES-
PAN RESPITE CARE PROGRAMS, SUBMITTED IN THE FORM AND MANNER REQUIRED BY
THE DIRECTOR, FROM COMMUNITY BASED PRIVATE NOT-FOR-PROFIT, FOR-PROFIT OR
PUBLIC AGENCIES THAT PROVIDE RESPITE CARE SERVICES. ACCORDING TO CRITE-
RIA ESTABLISHED BY THE OFFICE, THE PROGRAM SHALL DESIGNATE AGENCIES
DESCRIBED IN THIS SUBDIVISION AS OPERATORS OF COMMUNITY RESPITE CARE
PROGRAMS.
(B) NO LATER THAN THE FIRST OF JANUARY, TWO THOUSAND EIGHTEEN THE
OFFICE SHALL DESIGNATE AT LEAST TWELVE OPERATORS OF COMMUNITY RESPITE
CARE PROGRAMS STATEWIDE. NO LATER THAN THE FIRST OF JANUARY, TWO THOU-
SAND NINETEEN THE OFFICE SHALL ENSURE THE DESIGNATION OF AT LEAST ONE
OPERATOR OF COMMUNITY RESPITE CARE PROGRAMS IN EACH COUNTY IN THE STATE.
(C) COMMUNITY LIFESPAN RESPITE CARE PROGRAMS ESTABLISHED PURSUANT TO
THIS SUBDIVISION SHALL:
(1) INVOLVE KEY LOCAL INDIVIDUALS AND AGENCIES IN THE COMMUNITY LIFES-
PAN RESPITE CARE PROGRAM PLANNING PROCESS;
(2) INCLUDE A FLEXIBLE ARRAY OF RESPITE CARE OPTIONS RESPONSIVE TO
FAMILY AND CAREGIVER NEEDS AND AVAILABLE BEFORE FAMILIES AND CAREGIVERS
ARE IN A CRISIS SITUATION;
(3) BE SENSITIVE TO THE UNIQUE NEEDS, STRENGTHS AND MULTICULTURAL
VALUES OF AN INDIVIDUAL, FAMILY OR CAREGIVER;
(4) OFFER THE MOST EFFICIENT ACCESS TO AN ARRAY OF COORDINATED RESPITE
CARE SERVICES THAT ARE BUILT ON EXISTING COMMUNITY SUPPORTS AND
SERVICES;
(5) BE DRIVEN BY COMMUNITY STRENGTHS, NEEDS AND RESOURCES; AND
(6) USE A VARIETY OF FUNDS AND RESOURCES, INCLUDING BUT NOT LIMITED
TO:
(I) FAMILY OR CAREGIVER FUNDS;
(II) PRIVATE AND VOLUNTEER RESOURCES;
(III) PUBLIC FUNDS INCLUDING AVAILABLE FEDERAL MONIES; AND
(IV) EXCHANGE OF CARE AMONG FAMILIES OR CAREGIVERS;
(7) CREATE AN ADVISORY COMMITTEE COMPOSED OF FIFTEEN MEMBERS TO ADVISE
THE COMMUNITY LIFESPAN RESPITE CARE PROGRAM ON HOW THE PROGRAM MAY BEST
SERVE THE NEEDS OF FAMILIES AND CAREGIVERS OF INDIVIDUALS WITH SPECIAL
NEEDS. AT LEAST EIGHT MEMBERS OF SUCH ADVISORY COMMITTEE SHALL BE FAMI-
LY MEMBERS AND CAREGIVERS OF INDIVIDUALS WITH SPECIAL NEEDS. OTHER
MEMBERS SHALL INCLUDE RESPITE CARE PROVIDERS, REPRESENTATIVES OF LOCAL
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SERVICE AGENCIES AND OTHER COMMUNITY REPRESENTATIVES. COMMITTEE MEMBER-
SHIP SHALL REPRESENT SENIOR CITIZENS, INDIVIDUALS WITH SPECIAL NEEDS,
AND FAMILIES AT RISK OF ABUSE OR NEGLECT.
4. RULES AND REGULATIONS. THE DIRECTOR IS HEREBY DIRECTED TO PROMUL-
GATE ANY RULES AND REGULATIONS NECESSARY FOR THE OPERATION AND ADMINIS-
TRATION OF THE NEW YORK STATE RESPITE CARE PROGRAM ESTABLISHED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION, INCLUDING BUT NOT LIMITED TO:
(A) ESTABLISHING CRITERIA, PROCEDURES AND TIME LINES FOR DESIGNATION
OF THE COMMUNITY BASED PRIVATE NOT-FOR-PROFIT, FOR-PROFIT, OR PUBLIC
AGENCIES THAT WILL BE DESIGNATED AS RECOGNIZED PROVIDERS OF SERVICES
UNDER COMMUNITY LIFESPAN RESPITE CARE PROGRAMS; AND
(B) REQUIRING THAT COMMUNITY LIFESPAN RESPITE CARE PROGRAMS PUBLICIZE
THE TELEPHONE NUMBER AND ADDRESS WHERE FAMILIES AND CAREGIVERS MAY
CONTACT THE STATE PROGRAM.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.