NY State Senate Bill S328

Current Bill Status - In Senate Committee Health Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2023	referred to health

Co-Sponsors

S328 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Rpld §365-a sub 2 ¶(e) sub¶ (v), amd §§365-a & 365-f, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5028

S328 (ACTIVE) - Summary

Removes certain restrictions on eligibility for personal and home care services under medicaid.

S328 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S328

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To repeal limitations on certain eligibility requirements for an indi-
vidual to receive personal care and private duty nursing services under
Medicaid.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends Social Services Law § 365-a and § 365-f to eliminate the
requirement that applicants for Medicaid services in the home have to be
assessed as needing at least limited assistance with physical maneuver-
ing with activities of daily living.

The current law requires an individual to need assistance with three or
more activities of daily living, or for persons with dementia or
Alzheimer's diagnosis, as needing assistance with two or more activities
of daily living.

 
JUSTIFICATION:

Activities of daily living include such tasks as dressing, using the
bathroom, moving about one's home, housekeeping, and meals. Assisting
persons who are elderly or with disabilities so that they may remain in
their homes prevents the higher cost of them entering institutional
care. This bill will restore eligibility criteria for home care services
and consumer directed personal assistance (CDPA) to the form in which it
existed prior to the 2020 legislation. This bill will ensure that New
York continues to comply with federal requirements under the Olmstead
Decision and Community First Choice (CFC). Eligibility criteria for home
care services must remain less stringent than that of nursing homes to
ensure that services in the least restrictive setting are prioritized as
set forth by Olmstead.  Additionally, for the State to remain in compli-
ance with CFC, avoid lawsuits, and retain the additional federal funding
from the CFC program, we must eliminate any difference in services
offered based on type of disability.

Though enacted in the SFY 2020-21 budget, the provisions of the statute
were delayed due to requirements under federal COVID aid that prevented
New York from restricting or reducing the Medicaid benefit to enrollees
as a condition of receiving funding. The goal of this legislation is to
allow individuals to continue to receive these needed services in their
homes. For most people, home is the safest, healthiest, and preferred
option. Congregate settings should be the last resort and are typically
much more costly than home care services. This bill will help minimize
institutionalization.

 
PRIOR LEGISLATIVE HISTORY:

2022 - S5028A (Rivera) - Referred to Health

2021 - S5028A (Rivera) - Referred to Health

 
FISCAL IMPLICATIONS:

To be determined. In 2020, the Division of Budget estimated that this
proposal would cost $277 million.

 
EFFECTIVE DATE:
Immediately

S328 (ACTIVE) - Bill Text download pdf

 
                     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.

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The New York State Senate

senate Bill S328

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Current Bill Status - In Senate Committee Health Committee

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Co-Sponsors

S328 (ACTIVE) - Details

S328 (ACTIVE) - Summary

S328 (ACTIVE) - Sponsor Memo

S328 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S328

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Sponsored By

Current Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Co-Sponsors

S328 (ACTIVE) - Details

S328 (ACTIVE) - Summary

S328 (ACTIVE) - Sponsor Memo

S328 (ACTIVE) - Bill Text download pdf

Comments