S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6461--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2017
                                ___________
 
 Introduced  by  Sens.  GOLDEN, FELDER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health --  recom-
   mitted  to  the  Committee on Health in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted 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. Subdivision 3 of section 365-f of the social services law,
 as amended by chapter 511 of the laws of 2015, 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
 of the eligible individual's designated representative, provided that [a
 person]  PERSONS  legally  responsible for an eligible individual's care
 and support, an eligible individual's  spouse  or  designated  represen-
 tative  may  not be the personal [assistant] ASSISTANTS for the eligible
 individual UNLESS SUCH PERSONS ARE THE ONLY PERSONS RESPONSIBLE FOR  THE
 ELIGIBLE  INDIVIDUAL'S  CARE  AND SUPPORT; however, a personal assistant
 may include  any  other  adult  relative  of  the  eligible  individual,
 provided,  however,  that  the  program  determines  that  the  services
 provided by such relative are consistent with an  individual's  plan  of
 care  and  that the aggregate cost for such services does not exceed the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11194-02-8

 S. 6461--A                          2
 
 aggregate costs for  equivalent  services  provided  by  a  non-relative
 personal  assistant.  Such  individuals shall be assisted as appropriate
 with service coverage, supervision, advocacy and  management.  Providers
 shall  not  be  liable  for fulfillment of responsibilities agreed to be
 undertaken by the eligible individual.  This subdivision, however, shall
 not diminish the participating provider's liability for failure to exer-
 cise reasonable care in properly carrying out its responsibilities under
 this program, which shall include monitoring such individual's  continu-
 ing  ability  to fulfill those responsibilities documented in his or her
 records. Failure of the individual to carry out his  or  her  agreed  to
 responsibilities  may  be  considered  in  determining such individual's
 continued appropriateness for the program.
   § 2. This act shall take effect immediately.