NY State Senate Bill S78A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (25)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 17, 2022	approval memo.21 signed chap.573 delivered to governor
May 11, 2022	returned to senate passed assembly ordered to third reading rules cal.131 substituted for a7855
Feb 28, 2022	referred to ways and means delivered to assembly passed senate
Feb 03, 2022	advanced to third reading
Feb 02, 2022	2nd report cal.
Feb 01, 2022	1st report cal.378
Jan 05, 2022	referred to aging returned to senate died in assembly
Mar 17, 2021	referred to aging delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.328
Feb 01, 2021	print number 78a
Feb 01, 2021	amend and recommit to aging
Jan 06, 2021	referred to aging

Votes

view votes

Feb 28, 2022 - floor Vote

S78A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 1, 2022 - Aging committee Vote

S78A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Aging committee vote details

Aging Committee Vote: Feb 1, 2022

aye (5)

aye wr (2)

Mar 17, 2021 - floor Vote

S78A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 9, 2021 - Aging committee Vote

S78A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Aging committee vote details

Aging Committee Vote: Feb 9, 2021

aye (5)

aye wr (2)

Bill Amendments

Original

A (Active)

Original

A (Active)

S78 - Details

See Assembly Version of this Bill:: A7855
Law Section:: Elder Law
Laws Affected:: Amd §203, Eld L
Versions Introduced in 2019-2020 Legislative Session:: S8438

S78 - Summary

Clarifies the meaning of the phrase "greatest social need" for purposes of the administration of programs under the federal Older Americans Act of 1965, defining it to mean the need caused by non-economic factors that restrict an individual's ability to perform normal daily tasks or that threaten his or her capacity to live independently.

S78 - Sponsor Memo

 
BILL NUMBER: S78

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 legislation 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 Illi-
nois 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:

S.8438 of 2020 (Hoylman): Died in Aging

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S78 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    78
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 clarifying the meaning  of
   the  phrase  "greatest social need" for purposes of the administration
   of programs under the federal Older Americans Act of 1965
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 203 of the elder law is amended to
 read as follows:
   1. The office shall submit to the federal department of health, educa-
 tion  and welfare a state plan for purposes of the federal [older] OLDER
 Americans [act] ACT of  1965  and  subsequent  amendments  thereto.  The
 office  shall  be  the  single state agency for supervising the adminis-
 tration of such plan and shall be primarily responsible for coordination
 of state programs for the aging for purposes of such  federal  act.  The
 office  shall  act  for  the  state  in any negotiations relative to the
 submission and approval of such plan and may make such arrangements, not
 inconsistent with law, as may be required by or pursuant to federal  law
 to obtain and retain such approval and to secure for the state the bene-
 fits  of the provisions of such federal act.  FOR THE PURPOSES OF ADMIN-
 ISTERING THE FEDERAL OLDER AMERICANS ACT OF 1965 AND  SUBSEQUENT  AMEND-
 MENTS  THERETO,  THE  TERM  "GREATEST  SOCIAL  NEED" SHALL MEAN THE NEED
 CAUSED BY NON-ECONOMIC FACTORS THAT RESTRICT AN INDIVIDUAL'S ABILITY  TO
 PERFORM  NORMAL DAILY TASKS OR THAT THREATEN HIS OR HER CAPACITY TO LIVE
 INDEPENDENTLY. THESE FACTORS  INCLUDE  PHYSICAL  OR  MENTAL  DISABILITY,
 LANGUAGE  BARRIERS,  AND  CULTURAL  OR SOCIAL ISOLATION CAUSED BY, AMONG
 OTHER THINGS, RACIAL AND ETHNIC STATUS, SEXUAL ORIENTATION, GENDER IDEN-
 TITY OR EXPRESSION, OR HIV STATUS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02367-01-1

Co-Sponsors

S78A (ACTIVE) - Details

See Assembly Version of this Bill:: A7855
Law Section:: Elder Law
Laws Affected:: Amd §203, Eld L
Versions Introduced in 2019-2020 Legislative Session:: S8438

S78A (ACTIVE) - Summary

S78A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S78A

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 scats.

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 legislation 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 Illi-
nois 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:

S.8438 of 2020 (Hoylman): Died in Aging

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S78A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   78--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Aging  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 203 of the elder law is amended to
 read as follows:
   1. The office shall submit to the federal department of health, educa-
 tion and welfare a state plan for purposes of the federal [older]  OLDER
 Americans  [act]  ACT  of  1965  and  subsequent amendments thereto. The
 office shall be the single state agency  for  supervising  the  adminis-
 tration of such plan and shall be primarily responsible for coordination
 of  state  programs  for the aging for purposes of such federal act. The
 office shall act for the state  in  any  negotiations  relative  to  the
 submission and approval of such plan and may make such arrangements, not
 inconsistent  with law, as may be required by or pursuant to federal law
 to obtain and retain such approval and to secure for the state the bene-
 fits of the provisions of such federal act.  FOR THE PURPOSES OF  ADMIN-
 ISTERING  THE  FEDERAL OLDER AMERICANS ACT OF 1965 AND SUBSEQUENT AMEND-
 MENTS THERETO, THE TERM "GREATEST  SOCIAL  NEED"  SHALL  MEAN  THE  NEED
 CAUSED  BY NON-ECONOMIC FACTORS THAT RESTRICT AN INDIVIDUAL'S ABILITY TO
 PERFORM NORMAL DAILY TASKS OR THAT THREATEN HIS OR HER CAPACITY TO  LIVE
 INDEPENDENTLY.  THESE  FACTORS INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL
 OR  MENTAL  DISABILITY,  LANGUAGE  BARRIERS,  AND  CULTURAL  OR   SOCIAL
 ISOLATION CAUSED BY, AMONG OTHER THINGS, RACIAL AND ETHNIC STATUS, SEXU-
 AL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR HIV STATUS.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02367-03-1

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The New York State Senate

senate Bill S78A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Feb 28, 2022 - floor Vote

Floor Vote: Feb 28, 2022

Feb 1, 2022 - Aging committee Vote

Aging Committee Vote: Feb 1, 2022

Mar 17, 2021 - floor Vote

Floor Vote: Mar 17, 2021

Feb 9, 2021 - Aging committee Vote

Aging Committee Vote: Feb 9, 2021

Bill Amendments

S78 - Details

S78 - Summary

S78 - Sponsor Memo

S78 - Bill Text download pdf

Co-Sponsors

S78A (ACTIVE) - Details

S78A (ACTIVE) - Summary

S78A (ACTIVE) - Sponsor Memo

S78A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S78A

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Feb 28, 2022 - floor Vote

Floor Vote: Feb 28, 2022

Feb 1, 2022 - Aging committee Vote

Aging Committee Vote: Feb 1, 2022

Mar 17, 2021 - floor Vote

Floor Vote: Mar 17, 2021

Feb 9, 2021 - Aging committee Vote

Aging Committee Vote: Feb 9, 2021

Bill Amendments

S78 - Details

S78 - Summary

S78 - Sponsor Memo

S78 - Bill Text download pdf

Co-Sponsors

John W. Mannion

Rachel May

S78A (ACTIVE) - Details

S78A (ACTIVE) - Summary

S78A (ACTIVE) - Sponsor Memo

S78A (ACTIVE) - Bill Text download pdf

Comments