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This entry was published on 2019-11-22
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§ 213. Reports. 1. The office shall from time to time report to the
governor, and shall make an annual report to the governor and

2. Such annual report shall:

(a) Describe the progress, problems and other matters related to the
provision of services to older persons by programs administered by the
office including, but not limited to the federal older Americans act of
1965, the community services for the aging program and the recreation
program for the elderly;

(b) Assess the effectiveness of the community services for aging
program pursuant to section two hundred fourteen of this title in
coordinating and improving the local delivery of services to the
elderly; and

(c) Include recommendations for expanding or replicating service
programs that have been determined effective in helping needy elderly
remain in the community and to avoid institutional care, including
recommendations for traditionally underserved aged populations,
including, but not limited to, populations based on race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, marital status, disability, familial status, and
language; and

(d) Assess the progress, problems, and effectiveness of the provisions
of services to older persons by programs administered by the office
delivered to traditionally underserved populations, including but not
limited to, aged populations based on actual or perceived race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, marital status, disability, familial
status, language, or people who are associated with an individual who is
or is perceived to be a member of any of these traditionally underserved

3. Such annual report shall also present in quantitative, as well as
in qualitative, terms, a report on the quality of life of the aged in
our state, including:

(a) A report on the impact of inflation on the aged.

(b) A report on mortality trends in the upper age brackets, including
chronic disease trends among older persons.

(c) A report on crime trends impacting on the aged.

(d) A report on the numbers of elderly living in substandard housing,
numbers of new housing facilities for the aged in public, non-profit or
limited profit housing.

(e) A report on coverage of the aged in the state by various public
social security programs, pension plans, private retirement plans, and
assistance programs.

(f) A report on unemployment and employment of older persons,
including prevalence of age discrimination in the labor market and
efforts to provide education, information, and recommendations for
legislation, trends toward early or later retirement, duration of
unemployment by age groupings, self-employment and partial employment of
older persons.

(g) A report on the hot meal program within the state, including costs
per meal, number of aged served, as well as a report on the
meals-on-wheels program.

(h) A report on the recreational services for the aged, including
numbers of senior centers and clubs, membership and programming

(i) A report on the extent to which the aged are provided adult
education courses in public schools or are attending college courses.

(j) A report on institutionalization of aged, including trends in
mental hospitals, skilled nursing homes, health related facilities,
adult homes, including length of stay, costs, occupancy rates, extent to
which local communities are providing care for institutionally released

(k) A report on the specific needs of traditionally underserved aged
populations, including, but not limited to, populations based on actual
or perceived race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, marital status,
disability, familial status, and language.

(l) A report on the number of older adults who are primary caregivers
or guardians of minors including prevalence by age range, circumstances
that lead to older adults becoming primary caregivers or guardians to
minors, an analysis of what services are available through the office
and other state agencies to assist these older adult primary caregivers
and guardians, and recommendations regarding support for older adults
who are primary caregivers or guardians for minor children.

(m) A report on substance use disorders among older adults including
prevalence of substance use disorders, what programs and services are
available from or in conjunction with the office, an analysis of what
services are needed to assist older adults dealing with substance use
disorders, and recommendations regarding how the office can assist and
participate in efforts to assist older adults dealing with substance use

4. The legislature hereby declares that, as a matter of state policy,
caring services and programs for seniors should be shaped by the
principles of strengthening independence, affirming dignity, and
maximizing choice, and a recognition that seniors and their families and
intimates provide a vast potential source of social, cultural, historic,
and spiritual enrichment and leadership.

The office shall enunciate these principles in the form of a bill of
rights for seniors, and shall, in addition to any other report required
by this section, report annually, not later than June first of each
year, on the progress being made in their advancement by state agencies
and local governments in the development and operation of programs for
seniors. Such report shall discuss progress in the following principles
with respect to programs for seniors:

(a) Seniors needing long term care in an institution or in an
appropriate community-based alternative should be able to obtain such
care at an affordable cost in a timely manner from reliable and
responsible providers who can provide choices that meet the preferences
of these seniors, and who have the capacity to provide a smooth
transition to other forms of long term care when appropriate. Such
programs should, whenever possible, provide a continuum of quality
health care, either within a single institution, or through a consortium
of providers.

(b) Public policy should affirm seniors' desire to maintain a high
quality of life by living with dignity in their own communities, by
supporting the efforts of informal caregivers such as family, friends
and neighbors who provide eighty percent of all personal care and
assistance to seniors.

(c) A goal of policy and programs in New York should be to help
seniors obtain or maintain affordable and secure housing that allows
them to age in place in their own communities with supportive assistance
and access to health related services in a manner that ameliorates
problems of income, changes in family structure, health, threats to
personal safety, and architectural and structural inadequacies.

(d) Programs intended to offset excessive health care and prescription
drug costs for seniors, and to make health care, particularly wellness
and prevention programs, more affordable, should be designed to expand
choice and promote ease of access for seniors rather than to simply
provide ease of management and control for bureaucrats and program

(e) State and local policies and program guidelines should support the
most creative and flexible approaches to providing care for seniors, so
as to promote and sustain the autonomy and mobility of seniors, and to
tap their potential to enrich their communities.

(f) Seniors should be able to continue their productive lives in the
community of New York without fear of discrimination based on age, and
public policy should seek means of increasing opportunities for
contribution from these respected members of our community by supporting
and encouraging a healthy social environment that enables seniors to
continue their productive lives if they wish, that affirms and
encourages their ability to achieve financial security, and that works
to preserve their dignity, safety, and independence.

(g) Public programs should promote personal security for seniors,
encourage personal responsibility of their families and intimates, and
recognize and build on the interdependence of all generations and the
diversity of our population.

(h) Public investment in programs providing health care and other
social help for seniors should be provided at a level which supports
public mandates with respect to these programs.

(i) No declaratory relief, injunctive remedy or monetary liability
against the state of New York or any political subdivision thereof, or
any public or private entity, domiciled or doing business in the state
of New York, or any employee or officer thereof, shall be created or
granted based upon the principles set forth in this subdivision, or upon
the enunciation of said principles to be made by the office pursuant
thereto. No claim for contribution or indemnification shall be created
based upon this subdivision. No assignment of claim shall be prosecuted
based upon this subdivision.

(j) Existing powers of the office for the aging shall not be changed
by this subdivision.

* 5. Every state department, bureau, or agency or office shall
cooperate to the fullest extent possible in providing such data as the
office may need to assemble such reports, including recommendations by
the director to the governor and legislature.

* NB Amended Ch. 640/2004 §1, language juxtaposed per Ch. 642/2004 §12