S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1910--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. MILLMAN, BOYLAND, JACOBS, CLARK -- Multi-Spon-
  sored by -- M. of A. BARRETT, BARRON,  BRINDISI,  BROOK-KRASNY,  GRAF,
  ROBINSON  --  read  once  and  referred  to  the Committee on Aging --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the elder law, in relation to allowing the director of
  the office for the aging to authorize enriched  services  or  optional
  services to eligible entities without a grant

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2, 4, 5 and 6 of section 215-b  of  the  elder
law, as added by section 27 of part A of chapter 58 of the laws of 2008,
are amended to read as follows:
  2.  Definitions.  For  purposes  of  this section, the following terms
shall have the following meanings:
  (a) "Elderly" or "elderly persons" shall mean persons  who  are  sixty
years of age or older.
  (b)  "Eligible  participant"  shall mean elderly or elderly persons as
defined in this section, who are functionally impaired,  as  defined  in
section  two hundred fifteen of this title, and in need of services that
exceed the level of assistance currently available through social  adult
day  services programs but not at the level of support provided by adult
day health care programs.
  (c) "Eligible entity" shall  mean  any  not-for-profit  or  government
entity,  including  the  governing  body  or council of an Indian tribal
reservation, who has demonstrated to the office and  the  department  of
health, based on criteria developed by the director and the commissioner
of  health,  that  it  can  safely  provide either directly or through a
contract with a licensed health care practitioner or licensed home  care

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

                                                           LBD01912-02-3

A. 1910--A                          2

provider  as  defined  in  section thirty-six hundred five of the public
health law, social adult day care services as  defined  in  section  two
hundred  fifteen of this title[, as well as additional allowable medical
services  as  developed  by the director and the commissioner of health,
and optional services as defined in this section].
  [(d) "Enriched social adult day  services  demonstration  project"  or
"project"  shall  mean programs eligible under this section that provide
all of the services currently required for  social  adult  day  services
programs  under section two hundred fifteen of this title in addition to
enriched services, and may include optional services.
  (e)] (D) "Enriched services" shall  include  the  provision  of  total
assistance with toileting, mobility, transferring and eating; dispensing
of medications by a registered nurse; health education; counseling; case
management; restorative therapies lasting less than six months and main-
tenance  therapies.  Total  assistance  with toileting, mobility, trans-
ferring and eating shall be provided under the supervision of a licensed
health care provider. Restorative and  maintenance  therapies  shall  be
provided by an appropriately licensed health care provider.
  [(f)]  (E)  "Optional  services" shall mean other non-medical services
approved by the director designed to improve  the  quality  of  life  of
eligible participants by extending their independence, avoiding unneces-
sary  hospital  and  nursing  home  stays, and sustaining their informal
supports.
  4. Duties of the director. (a) The director, in conjunction  with  the
commissioner  of  health,  [may  make up to twenty grants available on a
competitive basis to eligible entities under this section.  Such  grants
may  be  available  for  up  to  two  hundred  thousand dollars for each
enriched social adult day services demonstration project  and  shall  be
for  up  to  one  hundred percent of allowable expenditures for approved
services and expenses under this section.]  SHALL DEVELOP AN APPLICATION
PROCESS WHEREBY ELIGIBLE  ENTITIES  MAY  APPLY  FOR  APPROVAL  TO  OFFER
ENRICHED  SERVICES  OR OPTIONAL SERVICES OR BOTH. SUCH APPLICATION SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (1) AN ESTIMATE OF THE NUMBER OF ELDERLY PERSONS THAT COULD BE  EFFEC-
TIVELY  SERVED  BY  THE  ELIGIBLE  ENTITY IF ENRICHED SERVICES, OPTIONAL
SERVICES OR BOTH WERE OFFERED; AND
  (2) A PLAN BY THE ELIGIBLE ENTITY TO OFFER ENRICHED SERVICES, OPTIONAL
SERVICES OR BOTH IN ACCORDANCE WITH THE REQUIREMENTS OF PARAGRAPH (D) OF
SUBDIVISION TWO OF THIS SECTION.
  (b) In [making grants] CONSIDERING APPLICATIONS MADE PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, the director,  in  conjunction  with  the
commissioner of health, may consider:
  (1) projects that can effectively serve eligible participants residing
in rural, urban, or suburban settings;
  (2) projects that effectively serve culturally diverse populations;
  (3)  projects  that  demonstrate innovative use of technology, coordi-
nation, partnerships, transportation or other services to enable  eligi-
ble participants to be effectively served; AND
  (4)  [the capacity of the eligible entity to identify eligible partic-
ipants for enriched adult day services demonstration projects; and
  (5)] any other criteria determined BY  THE  DIRECTOR,  IN  CONJUNCTION
WITH THE COMMISSIONER OF HEALTH, to be appropriate.
  5.  Evaluation.  On or before January thirtieth, two thousand [eleven]
FIFTEEN, the director shall provide the governor,  the  speaker  of  the
assembly, the temporary president of the senate, and the chairpersons of
the assembly and senate aging and health committees with a written eval-

A. 1910--A                          3

uation of the program. The evaluation shall examine the effectiveness of
the  project  in  forestalling  institutional  placement,  the  costs of
providing enriched services in a day care setting, participant satisfac-
tion  and  program  quality,  and  identification  of the program design
elements necessary for successful replication.
  6. [Funds] GRANTS.  (A) THE DIRECTOR, IN CONJUNCTION WITH THE  COMMIS-
SIONER  OF HEALTH, MAY, WITHIN AMOUNTS APPROPRIATED THEREFOR, MAKE UP TO
TWENTY GRANTS AVAILABLE ON A  COMPETITIVE  BASIS  TO  ELIGIBLE  ENTITIES
UNDER  THIS  SECTION. SUCH GRANTS MAY BE AVAILABLE FOR UP TO TWO HUNDRED
THOUSAND DOLLARS FOR EACH ENRICHED  SOCIAL  ADULT  DAY  SERVICES  DEMON-
STRATION PROJECT AND SHALL BE FOR UP TO ONE HUNDRED PERCENT OF ALLOWABLE
EXPENDITURES FOR APPROVED SERVICES AND EXPENSES UNDER THIS SECTION.
  (B)  IN  MAKING  GRANTS, THE DIRECTOR, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, MAY CONSIDER  THE  CRITERIA  ESTABLISHED  PURSUANT  TO
SUBDIVISION FOUR OF THIS SECTION.
  (C)  Funds  made  available  under  this  [section]  SUBDIVISION shall
supplement and not supplant any federal, state, or local funds  expended
by  any  entity, including a unit of general purpose local government or
not-for-profit, to provide services under this section. Funds under this
[section] SUBDIVISION cannot pay for individuals who are eligible  under
title nineteen of the federal social security act.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  the  amendments  to  section
215-b  of the elder law made by section one of this act shall not affect
the repeal of such section and shall be deemed to be repealed therewith.