Senate Bill S9198

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9198
 
                             I N  S E N A T E
 
                             February 13, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the elder law, in relation to requiring the provision of
   home-delivered meals to eligible homebound older  adults  on  weekends
   and  holidays;  to require the state office for the aging to deliver a
   report; and to make an appropriation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds that
 many  older New Yorkers depend on publicly supported home-delivered meal
 services as their primary source of daily nutrition, yet current federal
 and state rules only require that programs provide one meal a  day  five
 days  a  week, often do not operate on weekends and holidays, leading to
 gaps in food access, increased nutritional risk, and preventable  hospi-
 talizations  and institutionalization for frail, homebound older adults.
 It is therefore the intent of the legislature to  ensure  that  eligible
 older  adults  receive  access  to at least one nutritious meal per day,
 including days that programs do not operate, such as weekends and state-
 recognized holidays, by directing the state  office  for  the  aging  to
 establish and support year-round home-delivered meal services.
   §  2. Section 203 of the elder law is amended by adding a new subdivi-
 sion 13 to read as follows:
   13. (A) WITHIN AMOUNTS APPROPRIATED THEREFOR, THE OFFICE SHALL  ESTAB-
 LISH A GRANT PROGRAM FOR THE PROVISION OF HOME-DELIVERED MEALS TO ELIGI-
 BLE  HOMEBOUND  INDIVIDUALS ON WEEKENDS AND STATE-RECOGNIZED HOLIDAYS BY
 ELIGIBLE ENTITIES. THE GRANT PROGRAM SHALL BE OPEN TO PUBLIC OR  PRIVATE
 NONPROFIT  CORPORATIONS,  ASSOCIATIONS  AND  LOCAL GOVERNMENTAL ENTITIES
 WITH A PRIORITY GIVEN TO THOSE ENTITIES  WITH  A  HISTORY  OF  PROVIDING
 WEEKEND MEALS PROGRAMS.
   (B) THE PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL, TO THE
 EXTENT  PRACTICABLE,  BE COMPLIMENTARY WITH EXISTING WEEKDAY HOME-DELIV-
 ERED MEAL SERVICES ESTABLISHED UNDER THE FEDERAL OLDER AMERICANS ACT  OF
 1965  AND  RELATED  STATE,  LOCAL,  AND NONPROFIT PROGRAMS, AND SHALL BE
 DESIGNED TO ENSURE THAT EACH AUTHORIZED OLDER ADULT  RECEIVES  AT  LEAST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14808-01-6
 S. 9198                             2
 
 ONE  HOME-DELIVERED  MEAL  EACH  DAY,  SEVEN  DAYS A WEEK, THREE HUNDRED
 SIXTY-FIVE DAYS A YEAR.
   (C)  PRIORITY  FOR  SERVICES  UNDER THIS SUBDIVISION SHALL BE GIVEN TO
 INDIVIDUALS WHO ARE:
   (1) AT LEAST SIXTY YEARS OLD; AND
   (2) DETERMINED BY AN AREA AGENCY ON  AGING  TO  BE  HOMEBOUND  DUE  TO
 ILLNESS, DISABILITY, OR FRAILTY.
   (D) MEALS PROVIDED UNDER THIS SUBDIVISION SHALL MEET APPLICABLE FEDER-
 AL  AND  STATE  NUTRITION  AND FOOD SAFETY STANDARDS, INCLUDING, BUT NOT
 LIMITED TO, REQUIREMENTS ESTABLISHED PURSUANT TO THE OLDER AMERICANS ACT
 OF 1965 AND ANY REGULATIONS OR GUIDANCE ISSUED BY THE OFFICE.
   (E) IN ORDER TO ENSURE CONTINUITY OF SERVICE AND COST-EFFECTIVE DELIV-
 ERY, THE OFFICE MAY AUTHORIZE THE USE OF FROZEN OR CHILLED MEALS, SHELF-
 STABLE MEALS, AND OTHER MODES OF ADVANCE DELIVERY FOR DAYS THAT PROGRAMS
 DO NOT OPERATE, PROVIDED THAT SUCH APPROACHES SAFEGUARD THE  HEALTH  AND
 SAFETY OF PARTICIPANTS.
   (F)  THE  OFFICE  SHALL  AWARD  GRANTS  TO PUBLIC OR PRIVATE NONPROFIT
 CORPORATIONS, ASSOCIATIONS AND LOCAL GOVERNMENTAL ENTITIES WITH A PRIOR-
 ITY GIVEN TO THOSE ENTITIES WITH A HISTORY OF  PROVIDING  WEEKEND  MEALS
 FOR  THE PURPOSE OF PLANNING, IMPLEMENTING, AND OPERATING SERVICES UNDER
 THIS SUBDIVISION.
   (G) THE OFFICE SHALL PROMULGATE RULES  AND  REGULATIONS  NECESSARY  TO
 IMPLEMENT  THE PROVISIONS OF THIS SUBDIVISION, INCLUDING BUT NOT LIMITED
 TO ELIGIBILITY CRITERIA, SERVICE PRIORITIES, METHODS  OF  REIMBURSEMENT,
 REPORTING REQUIREMENTS, AND PERFORMANCE AND OUTCOME MEASURES.
   §  3.  Reporting.  (a) No later than twelve months after the effective
 date of this act, and on the first of January annually  thereafter,  the
 state  office  for  the aging shall submit a report to the governor, the
 temporary president of the senate, the minority leader  of  the  senate,
 the speaker of the assembly, the minority leader of the assembly and the
 chairs of the senate and assembly committees on aging.
   (b) Such report shall include, at a minimum:
   (1) the number of individuals served under the program created by this
 act, by county and service area;
   (2) the number of meals delivered on weekends and holidays; and
   (3)  a  description  of  outreach efforts and strategies used to reach
 underserved communities, including rural areas and communities of color.
   § 4. Appropriation.  (a)  The  sum  of  one  hundred  million  dollars
 ($100,000,000)  or so much thereof as may be necessary, is hereby appro-
 priated out of any moneys in the general fund to the credit of the state
 purposes account not otherwise appropriated, to the state office for the
 aging, for the purpose of  implementing  the  provisions  of  this  act,
 including grants to local governmental units and community-based provid-
 ers,   administrative   expenses,   outreach,  and  program  evaluation;
 provided, however, that the state office for the aging may retain up  to
 10  percent  of  such  funds  for  the purpose of implementing the grant
 program described in section two of this act.
   (b) Such moneys shall be made available on or after April  first,  two
 thousand  twenty-six, and shall remain available to the state office for
 the aging until expended.
   § 5. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
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 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.