S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7080
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 27, 2021
                                ___________
 
 Introduced  by  Sen.  MANNION -- (at request of the Office for Aging) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Aging
 
 AN  ACT to amend the elder law, in relation to informal caregiver train-
   ing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 206 of the elder law, subdivision 1 as amended by
 chapter 672 of the laws of 2019, subparagraph  4  of  paragraph  (a)  of
 subdivision  3  as added by chapter 269 of the laws of 2014,  is amended
 to read as follows:
   § 206. Informal caregiver training. 1. The director is hereby  author-
 ized  and directed, to the extent appropriations are available therefor,
 to develop, establish and operate PERSON-CENTERED training and technical
 assistance programs, including  caregiver  resource  centers,  caregiver
 networks, and other support activities, for informal caregivers through-
 out  the state for the purposes of assisting such caregivers and improv-
 ing the quality of  DEPENDANT  care  [provided  to  frail  and  disabled
 persons. The director shall also make available and encourage the utili-
 zation  of  such training programs in consultation with the commissioner
 of health, the  commissioner  of  the  office  of  children  and  family
 services, the commissioner of mental health, and the commissioner of the
 office for people with developmental disabilities].
   2.  Definitions. For the purposes of this section: (a) "Informal care-
 giver" shall mean [the] AN UNPAID family member, FOSTER PARENT or  other
 [natural person] UNPAID ADULT who [normally] provides [the daily care or
 supervision]  IN-HOME  MONITORING, MANAGEMENT, SUPERVISION, OR TREATMENT
 of a [frail or disabled person, or any family member  or  other  natural
 person who contributes to and is involved in the caretaking responsibil-
 ities  for  such  frail or disabled person. Such informal caregiver may,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09962-01-1
              

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 but need not, reside in the same household  as  the  frail  or  disabled
 person] CHILD OR ADULT WITH SPECIAL NEED.
   (b)  "[Frail  or  disabled person] ADULT WITH SPECIAL NEED" shall mean
 [any person who is unable to attend to his or her  daily  needs  without
 the  assistance  or  regular supervision of an informal caregiver due to
 mental or physical impairment. Such definition shall not exclude persons
 under eighteen years of age who suffer from mental or  physical  impair-
 ment]  A  PERSON  EIGHTEEN  YEARS  OF  AGE OR OLDER WHO REQUIRES CARE OR
 SUPERVISION TO:
   (1) MEET THE PERSON'S BASIC NEEDS;
   (2) PREVENT PHYSICAL SELF-INJURY OR INJURY TO OTHERS; OR
   (3) AVOID PLACEMENT IN AN INSTITUTIONAL FACILITY.
   (C) "CHILD WITH A SPECIAL NEED" SHALL MEAN  AN  INDIVIDUAL  LESS  THAN
 EIGHTEEN  YEARS  OF  AGE  WHO  REQUIRES  CARE OR SUPERVISION BEYOND THAT
 REQUIRED OF CHILDREN GENERALLY TO:
   (1) MEET THE CHILD'S BASIC NEEDS; OR
   (2) PREVENT PHYSICAL INJURY, SELF-INJURY, OR INJURY TO OTHERS.
   [(c)] (D) "Program" shall  mean  the  program  of  informal  caregiver
 training and technical assistance established by this section.
   [(d)]  (E)  "Caregiver  resource  center"  shall mean a project funded
 pursuant to this section which provides services  and  activities  which
 are responsive to the needs and [contracts] CHOICES of informal caregiv-
 ers in regard to their caregiving responsibilities.
   [(e)]  (F)  "Caregiver  networks"  shall  mean  local coalitions which
 develop, coordinate, and implement action plans to identify and mobilize
 resources to address AND SUPPORT the unmet needs of CAREGIVERS  AND  THE
 frail and disabled persons [and their caregivers] THEY CARE FOR.
   3.  (a)  The  duties  of  the  director pursuant to this section shall
 include, but not be limited to:
   (1) [developing and] CONNECT AND WORK IN CONCERT WITH EXISTING  COALI-
 TIONS, ORGANIZATIONS, TASK FORCES, AND COUNCILS TO BETTER COORDINATE AND
 LEVERAGE  RESOURCES,  TRAINING, SERVICES, AND SUPPORTS TO MEET THE NEEDS
 OF CAREGIVERS AND THE FRAIL AND DISABLED PERSONS THEY CARE FOR;
   (2) make available [or] AND  approve  [a  curriculum]  PERSON-CENTERED
 CURRICULA  for informal caregiver training which considers and is easily
 adapted to an array of personal needs and  disabilities,  and  which  is
 sensitive to RACIAL, ethnic, and community characteristics;
   [(2)  providing]  (3)  PROVIDE  technical  assistance  and training to
 appropriate  organizations  and  groups,  including  caregiver  resource
 centers  and  caregiver networks, which, in turn, shall provide training
 and assistance to informal caregivers; [and
   (3) providing] (4) PROVIDE grants  to  appropriate  organizations  and
 groups,  including caregiver resource centers and caregiver networks, to
 develop and make available approved  curricula  for  informal  caregiver
 training  as well as disseminate information regarding the [curriculum.]
 TRAINING CURRICULA; AND
   [(4)] (5) develop guidelines for local area agencies on aging in order
 to provide the following:
   (i) information and assistance regarding gaining access  to  available
 services to assist informal caregivers;
   (ii)  resource  referrals  for informal caregivers regarding decision-
 making on behalf of the individual receiving care; [and]
   (iii) counseling referrals for informal caregivers[.]; AND
   (IV) COORDINATION WITH LIFESPAN RESPITE CARE AGENCIES AND  THE  STATE-
 WIDE RESPITE CARE COALITION.

 S. 7080                             3
 
   (b) Training and technical assistance shall include, but not be limit-
 ed to:
   (1)  knowledge of major health [problems] ILLNESS and diseases, mental
 and physical disabilities, COGNITIVE IMPAIRMENT, and the aging process;
   (2) practical skills required in providing HANDS-ON AND personal  care
 and support;
   (3)  stress  awareness  and  methods  of dealing with stress caused by
 providing care;
   (4) financial management; and
   (5) identification and utilization of ALL available resources, includ-
 ing THOSE ADMINISTERED  BY  OTHER  STATE  AND  LOCAL  AGENCIES,  THE  NY
 CONNECTS  RESOURCE DIRECTORY, benefits, entitlements, and other programs
 and assistance.
   4. The director shall[:
   (a) Promulgate] PROMULGATE any  rules  and  regulations  necessary  to
 carry out the provisions of this section.
   [(b)  On or before the first day of January every other year, submit a
 report to the governor, the temporary president of the  senate  and  the
 speaker of the assembly, which shall include, but not be limited to:
   (1) a financial report of the program's operation;
   assistance pursuant to this section; and
   (2)  a  profile  of persons or groups receiving training and technical
 assistance pursuant to this section; and
   (3) an analysis of the program's success in assisting  informal  care-
 givers and improving the quality of care provided by such persons.]
   § 2. This act shall take effect immediately.