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365-a of the social services law is REPEALED.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.