S T A T E O F N E W Y O R K
________________________________________________________________________
9044
I N S E N A T E
May 5, 2022
___________
Introduced by Sen. MANNION -- (at request of the Office for the 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 for adults and children with a special need
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 DEPENDENT 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,
but need not, reside in the same household as the frail or disabled
person] CHILD OR ADULT WITH A SPECIAL NEED.
(b) "[Frail or disabled person] ADULT WITH A SPECIAL NEED" shall mean
[any person who is unable to attend to his or her daily needs without
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13774-01-2
S. 9044 2
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 INJURY, 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.
(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 make] CONNECT AND WORK IN CONCERT WITH EXISTING
COALITIONS, 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
CAREGIVER TRAINING CURRICULA for informal caregiver training, which
considers and is easily adapted to an array of personal needs and disa-
bilities, and which is sensitive to RACIAL, ethnic, and community char-
acteristics;
[(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.
[(4)] (5) develop guidelines for local area agencies on aging AND
THEIR PARTNERS AND NETWORKS 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) COORDINATING WITH LIFESPAN RESPITE CARE AGENCIES AND THE STATE-
WIDE RESPITE CARE COALITION.
(b) Training and technical assistance shall include, but not be limit-
ed to:
(1) knowledge of major health problems and diseases, mental ILLNESS
and physical disabilities, COGNITIVE IMPAIRMENT, and the aging process;
S. 9044 3
(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;
(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.
