The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1296
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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
 
   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  training and technical assistance
 programs, including caregiver resource centers, caregiver networks,  and
 other  support  activities, for informal caregivers throughout the state
 for the purposes of assisting such caregivers and improving the  quality
 of  care  provided  [to  frail and disabled persons]. The director shall
 also make available and  encourage  the  utilization  of  such  training
 programs  in  consultation  with  the  commissioner OF THE DEPARTMENT of
 health, the commissioner of the office of children and family  services,
 the commissioner of THE OFFICE 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 family member or other natural person who normally
 provides [the] daily care or supervision [of a frail or disabled person]
 OF A PERSON IN NEED OF ASSISTANCE, or any family member or other natural
 person who contributes to and is involved in [the] caretaking  responsi-
 bilities  [for  such  frail  or disabled person] FOR A PERSON IN NEED OF
 ASSISTANCE. Such informal caregiver may PROVIDE CARE  FOR  A  PERSON  IN
 NEED  OF ASSISTANCE, but need not[,] reside in the same household as the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04783-01-3
 S. 1296                             2

 
 [frail or disabled] person, OR MAY BE AN OLDER ADULT PROVIDING CARE TO A
 MINOR RELATIVE IN THEIR HOME.
   (b) ["Frail or disabled person" shall mean any person who is unable to
 attend  to  his  or  her  daily  needs without the assistance or regular
 supervision of an informal caregiver due to mental or  physical  impair-
 ment.  Such definition shall not exclude persons under eighteen years of
 age who suffer from mental or physical impairment.] "PERSON IN  NEED  OF
 ASSISTANCE"  SHALL  MEAN  ANY PERSON WHO REQUIRES ASSISTANCE WITH ONE OR
 MORE ACTIVITIES OF DAILY LIVING  OR  INSTRUMENTAL  ACTIVITIES  OF  DAILY
 LIVING.
   (c)  "Program"  shall  mean the program of informal caregiver training
 and technical assistance established by this section.
   (d) "Caregiver resource center" shall mean a project  funded  pursuant
 to this section which provides services and activities which are respon-
 sive  to  the  needs  and  contracts of informal caregivers in regard to
 their caregiving responsibilities.
   (e) "Caregiver networks" shall mean local  coalitions  which  develop,
 coordinate,   and  implement  action  plans  to  identify  and  mobilize
 resources to address the unmet needs of [frail and disabled] persons  IN
 NEED OF ASSISTANCE and [their] INFORMAL caregivers.
   (F)  "OLDER  ADULT"  SHALL  MEAN ANY PERSON AGED SIXTY YEARS OF AGE OR
 OLDER.
   (G) "MINOR" SHALL MEAN A PERSON SEVENTEEN YEARS OF AGE OR YOUNGER.
   3. (a) The duties of the  director  pursuant  to  this  section  shall
 include, but not be limited to:
   (1)  developing  and  [make] MAKING available or [approve] APPROVING a
 curriculum for informal caregiver training which considers and is easily
 adapted to an array of personal needs and  disabilities,  and  which  is
 sensitive to ethnic and community characteristics;
   (2)  providing technical assistance and training to appropriate organ-
 izations and groups, including caregiver resource centers and  caregiver
 networks,  which,  in  turn,  shall  provide  training and assistance to
 informal caregivers; [and]
   (3) providing grants to appropriate organizations and groups,  includ-
 ing  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[.]; AND
   (4)  [develop]  DEVELOPING guidelines for local area agencies on aging
 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.
   (b) Training and technical assistance shall include, but not be limit-
 ed to:
   (1) knowledge of major health  problems  and  diseases,  mental  [and]
 ILLNESS, physical disabilities, and the aging process;
   (2) practical skills required in providing 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 available  resources,  including
 benefits, entitlements, and other programs and assistance.
   4. The director shall:
 S. 1296                             3
 
   (a)  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.