The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5367
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in relation to removing certain
   restrictions on access to home care services; and  to  repeal  certain
   provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (e)  of  subdivision  2  of
 section  365-a  of  the  social services law, as amended by section 2 of
 part MM of chapter 56 of the laws of 2020 is amended to read as follows:
   (i) personal care  services,  including  personal  emergency  response
 services,  shared aide and an individual aide, subject to the provisions
 of subparagraphs (ii), (iii), (iv)[, (v)] and (vi)  of  this  paragraph,
 furnished  to  an  individual  who  is not an inpatient or resident of a
 hospital, nursing facility, intermediate care facility  for  individuals
 with  intellectual  disabilities,  or institution for mental disease, as
 determined to meet the recipient's needs for assistance when cost effec-
 tive and appropriate, and when prescribed  by  a  qualified  independent
 physician  selected  or approved by the department of health, in accord-
 ance with the recipient's plan of treatment and provided by  individuals
 who  are  qualified  to  provide  such services, who are supervised by a
 registered nurse and who are not members of the recipient's family,  and
 furnished in the recipient's home or other location;
   §  2.  Subparagraph  (v)  of paragraph (e) of subdivision 2 of section
 365-a of the social services law is REPEALED.
   § 3. Paragraphs (b), (c) and (d) of subdivision 2 of section 365-f  of
 the  social  services law, paragraphs (b) and (d) as added by chapter 81
 of the laws of 1995, paragraph (c) as amended by section 3 of part MM of
 chapter 56 of the laws of 2020, are amended to read as follows:
   (b) is eligible for medical assistance[;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09428-01-1

 A. 5367                             2

   (c) has been determined by the social services district,  pursuant  to
 an assessment of the person's appropriateness for the program, conducted
 with an appropriate long term home health care program, a certified home
 health  agency, or an AIDS home care program or pursuant to the personal
 care  program,  as  being  in need of home care services or private duty
 nursing and as needing at least limited assistance with physical  maneu-
 vering  with  more  than  two activities of daily living, or for persons
 with a dementia or Alzheimer's diagnosis, as  needing  at  least  super-
 vision  with  more  than one activity of daily living, provided that the
 provisions related to activities of daily living in this paragraph shall
 only apply to persons who initially seek eligibility for the program  on
 or after October first, two thousand twenty, and who is able and willing
 or  has a designated representative, including a legal guardian able and
 willing to make informed choices, or  a  designated  relative  or  other
 adult  who  is able and willing to assist in making informed choices, as
 to the type and quality of services, including but not limited  to  such
 services  as  nursing  care,  personal  care, transportation and respite
 services]; and
   [(d)] (C) meets such other criteria, as  may  be  established  by  the
 commissioner,  which  are  necessary to effectively implement the objec-
 tives of this section.
   § 4. This act shall take effect immediately.