Senate Bill S328

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    328
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to removing certain
   restrictions on access to home care services; and  to  repeal  certain
   provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (e)  of  subdivision  2  of
 section  365-a  of  the  social services law, as amended by section 2 of
 part MM of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   (i)  personal  care  services,  including  personal emergency response
 services, shared aide and an individual aide, subject to the  provisions
 of  subparagraphs  (ii),  (iii), (iv)[, (v)] and (vi) of this paragraph,
 furnished to an individual who is not an  inpatient  or  resident  of  a
 hospital,  nursing  facility, intermediate care facility for individuals
 with intellectual disabilities, or institution for  mental  disease,  as
 determined to meet the recipient's needs for assistance when cost effec-
 tive  and  appropriate,  and  when prescribed by a qualified independent
 physician selected or approved by the department of health,  in  accord-
 ance  with the recipient's plan of treatment and provided by individuals
 who are qualified to provide such services,  who  are  supervised  by  a
 registered  nurse and who are not members of the recipient's family, and
 furnished in the recipient's home or other location;
   § 2. Subparagraph (v) of paragraph (e) of  subdivision  2  of  section
 365-a of the social services law is REPEALED.
   §  3.  Paragraph  (c)  of subdivision 2 of section 365-f of the social
 services law, as amended by section 3 of part MM of chapter  56  of  the
 laws of 2020, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02214-01-3
              

 S. 328                              2
 
   (c)  has  been determined by the social services district, pursuant to
 an assessment of the person's appropriateness for the program, conducted
 with an appropriate long term home health care program, a certified home
 health agency, or an AIDS home care program or pursuant to the  personal
 care  program,  as  being  in need of home care services or private duty
 nursing and [as needing at least limited assistance with physical maneu-
 vering with more than two activities of daily  living,  or  for  persons
 with  a  dementia  or  Alzheimer's diagnosis, as needing at least super-
 vision with more than one activity of daily living,  provided  that  the
 provisions related to activities of daily living in this paragraph shall
 only  apply to persons who initially seek eligibility for the program on
 or after October first, two thousand twenty, and] who is able and  will-
 ing  or has a designated representative, including a legal guardian able
 and willing to make informed choices, or a designated relative or  other
 adult  who  is able and willing to assist in making informed choices, as
 to the type and quality of services, including but not limited  to  such
 services  as  nursing  care,  personal  care, transportation and respite
 services; and
   § 4. This act shall take effect immediately.