BILL NUMBER: S8438

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the elder law, in relation to clarifying the meaning of
the phrase "greatest social need" for purposes of the administration of
programs under the federal Older Americans Act of 1965

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 203 of the elder
law ("Programs for the aging") to state that for the purposes of the New
York State Office for the Aging administering the federal Older Ameri-
cans Act of 1965, the tern "greatest social need" shall mean the need
caused by noneconomic factors that restrict an individual's ability to
perform normal daily tasks or that threaten his or her capacity to live
independently. Such non-economic factors include physical or mental
disability, language barriers, and cultural or social isolation caused
by racial and ethnic status, sexual orientation, gender identity or
expression, or HIV stats.

              

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

Since its enactment in 1965 as part of President Lyndon B. Johnson's
Great Society agenda, the federal Older Americans Act (OAA) "is consid-
ered to be a major vehicle for the organization and delivery of social
and nutrition services" for older individuals and their caregivers,
authorizing "a wide array of service programs through a national network
of  
... state agencies on aging," including New York's State Office for
the Aging (SOFA)(1) Federal law requires that state plans to administer
OAA programs and services target populations in rural areas, with
several disabilities, with limited English proficiency, with Alzheimer's
and related disorders, those at risk for institutional placement, those
with the greatest economic need, and those with the greatest social
need.

According to the federal Administration for ,Community Living, the
federal-agency responsible for focusing attention and resources on the
unique needs of older Americans, the definition of "greatest social
need" in the OAA, which includes "isolation caused by racial or ethnic
status," the definition is not intended to exclude the targeting of
other populations that experience cultural social or geographic
isolation due to other factors.

According to SAGE (Services & Advocacy for Gay, Lesbian, Bisexual &
Transgender Elders), LGBT older adults often lack traditional sources of
support and caregiving, tend to have poorer physical and mental health
and higher rates of poverty than their heterosexual counterparts, and
face pronounced cultural and social isolation as a result of decades-
long experience of real and perceived discrimination.  While it is
unfortunate that the OAA does not explicitly include LGBT older adults,
federal guidance has made it clear that states can include them in their
state plans for administering OAA programs and services. This legis-
lation would codify the inclusion of LGBT older adults, as well as those
older adults living with HIV as populations of greatest social need in
New York State Elder Law. By doing so, New York would join other states
such as California and Illinois that already recognize the unique social
needs of this population, and will ensure that our State is providing
LGBT older adults with the services and supports that they need as they
age.   
1 Administration for Community Living

(https://acl.gov/aboutacl/authorizing- statutes/older-americans-act)

 
LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.