Senate Bill S5391

                                 BILL NUMBER:  S5391

 PURPOSE OF THE BILL :

This bill would authorize the New York State Office for the Aging
(SOFA) to implement participant cost sharing for programs administered
by NYSOFA that are funded by a state appropriation and/or by federal
appropriation to the extent permissible by federal law.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Elder L. § 203(12) to authorize the
Director of NYSOFA to develop participant cost sharing protocols for
programs administered by NYSOFA that are funded by a state
appropriation and/or by federal appropriation to the extent
permissible by federal law. Cost share payments received by an area
agency on aging directly or by contract shall be used to supplement,
not supplant, funds by state and/or federal appropriation. Cost share
payments received must be used by the local area agency on aging to
expand services provided by or through the area agency on aging. To
the extent that a match is required, the cost share received under
this subdivision may not be applied towards such match. Participate
cost sharing shall not be applied to individuals with incomes at or
below 250% of the federal poverty line.

Section 2 of the bill would require the act to take effect
              

immediately.

 JUSTIFICATION :

In 2000, the Federal Administration on Aging authorized States to
implement cost-sharing for certain federal Older Americans Act
programs. Subsequent state legislation authorized NYSOFA to utilize
this authority for federal programs that it administers, but it is yet
authorized to implement cost-sharing for state funded programs and
services.

Due to the growth of the aging population and the need to provide
services be provided in the most integrated setting, implementing
cost-sharing for middle and higher income older adults is necessary in
order to continue to meet current needs and the anticipated growth in
demand for services as the population ages. NYSOFA's largest program,
EISEP, is already statutorily required to be a cost-sharing program
and its design and implementation, which has been a tremendous
success, will be used as the model to expand cost-sharing to other
state funded programs. In order for NYSOFA and the aging network to
fulfill its mission to serve older adults and their caregivers, an
opportunity should be developed and offered to the designated agencies
to allow middle and higher income individuals to contribute partially,
or in full, to services that they can benefit from. Participant cost
sharing will not be applied to individuals with incomes below 250% of
the federal poverty line.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.