S T A T E O F N E W Y O R K
________________________________________________________________________
8332
2023-2024 Regular Sessions
I N A S S E M B L Y
December 13, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to expanding which
individuals qualify to be an individual's personal assistant for the
purposes of consumer directed personal assistance programs
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,] PARENT OF AN ELIGIBLE
INDIVIDUAL WHO HAS NOT REACHED THE AGE OF EIGHTEEN YEARS OR an eligible
individual's spouse or designated representative may not be the personal
assistant for the eligible individual [; however, a]. A personal assist-
ant may include any other adult, INCLUDING ANY OTHER ADULT relative,
ATTORNEY-IN-FACT, HEALTH CARE PROXY, OR LEGAL GUARDIAN of the eligible
individual, provided, however, that the program determines that the
services provided by such relative are consistent with an individual's
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06900-01-3
A. 8332 2
plan of care and that the aggregate cost for such services does not
exceed the aggregate costs for equivalent services provided by a non-re-
lative personal assistant. Any personal information submitted to obtain
such unique identifier shall be maintained as confidential pursuant to
article six-A of the public officers law ("New York state privacy
protection law"). Such individuals shall be assisted as appropriate with
service coverage, supervision, advocacy and management. Providers shall
not be liable for fulfillment of responsibilities agreed to be undertak-
en by the eligible individual. This subdivision, however, shall not
diminish the participating provider's liability 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 documented in his or her
records. Failure of the individual to carry out his or her agreed to
responsibilities may be considered in determining such individual's
continued appropriateness for the program.
§ 2. The commissioner of health is authorized and directed to seek
additional federal funding to maximize federal financial participation
with respect to the consumer directed personal assistance program and to
seek such other federal approvals as applicable.
§ 3. This act shall take effect immediately.