Assembly Bill A10473

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10473
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rajkumar) --
   read once and referred to the Committee on Health
 
 AN  ACT  to  amend  the social services law, in relation to the consumer
   directed personal assistance program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 3 of section 365-f of the social services law,
 as amended by section 9 of part QQ of chapter 56 of the laws of 2020, is
 amended to read as follows:
   3. Division of responsibilities. Eligible  individuals  who  elect  to
 participate  in the program assume the responsibility for services under
 such program as mutually  agreed  to  by  the  eligible  individual  and
 provider  and as documented in the eligible individual's record, includ-
 ing, but not  limited  to,  recruiting,  hiring  and  supervising  their
 personal  assistants. For the purposes of this section, personal assist-
 ant shall mean an adult who has obtained an individual unique identifier
 from the state by or before a date determined  by  the  commissioner  of
 health in consultation with the Medicaid inspector general, and provides
 services  under this section to the eligible individual under the eligi-
 ble individual's instruction, supervision and  direction  or  under  the
 instruction,  supervision  and  direction  of  the eligible individual's
 designated representative, provided that [a person  legally  responsible
 for an eligible individual's care and support,] an eligible individual's
 spouse  or  designated  representative may not be the personal assistant
 for the eligible individual; however, a personal assistant  may  include
 AN  ELIGIBLE  INDIVIDUAL'S  PARENT,  ADULT CHILD, IN-LAW RELATIVE OR any
 other adult relative of the eligible individual, provided, however, that
 the program determines that the services provided by such  relative  are
 consistent with an individual's plan of care and that the aggregate cost
 for  such  services  does  not exceed the aggregate costs for equivalent
 services provided by a non-relative  personal  assistant.  Any  personal
 information  submitted  to  obtain such unique identifier shall be main-
 tained as confidential pursuant to article six-A of the public  officers
 law ("New York state privacy protection law"). Such individuals shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15378-02-4
 A. 10473                            2
 
 assisted as appropriate with service coverage, supervision, advocacy and
 management.   Providers shall not be liable for fulfillment of responsi-
 bilities agreed to be undertaken by the eligible individual. This subdi-
 vision, however, shall not diminish the participating provider's liabil-
 ity for failure to exercise reasonable care in properly carrying out its
 responsibilities under this program, which shall include monitoring such
 individual's  continuing ability to fulfill those responsibilities docu-
 mented in [his or her] THEIR records. Failure of the individual to carry
 out [his or her] THEIR agreed to responsibilities may be  considered  in
 determining such individual's continued appropriateness for the program.
   § 2. This act shall take effect immediately.