S348-2011 Actions

• Jan 4, 2012: REFERRED TO AGING
• Apr 4, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO AGING

S348-2011 Meetings

S348-2011 Votes

S348-2011 Memo

BILL NUMBER:S348

TITLE OF BILL:       REVISED 12/20/11

An act
to amend the elder law, in relation to establishing the
home delivered meal assistance program

PURPOSE:

Establishes the home delivered meal assistance program.

SUMMARY OF PROVISIONS:

Section 1. Amends the Elder Law by adding a new section 224. Provides
that any person who: is over sixty years of age or that person's
spouse, and meets established criteria, and receives a standardized
assessment conducted by the local area agency on aging, and is
currently on a waiting list and not receiving home delivered meal
services due to inadequate funding, shall receive the services of the
home delivered meal assistance program.

Section 2. Reporting requirements

Section 3. Provides that the Director of the Office for the Aging
shall implement rules and regulations for the effective
implementation of this act.

Section 4. Specifies that the responsibility of the area agency on
aging shall be contingent upon the appropriation received pursuant to
section 1. Prohibits a private right of action against the Area Agency.

Section 5. Effective Date

EXISTING LAW:

None.

JUSTIFICATION:

The supplemental nutrition assistance program began in 1984 as the
Governor's Initiative to "improve health status and well-being of its
most fragile citizens by reducing their levels of hunger,
malnutrition and nutritionally related illness." Programs were
expected to "provide nutritious food supplementation and be designed
to target the needs of individuals, who are either homeless, frail
elderly, or low-income women, infants and children who are at
nutritional
risk." The home delivered meal assistance program to the frail elderly
is one component of these important nutrition programs.

Frail Elderly are identified as persons over age 60 at or near the
poverty level who are mentally or physically disabled, socially
isolated or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who were below or
near the poverty level and living alone; who had one of the following


chronic diseases: heart disease, cancer, diabetes, chronic
obstructive lung disease, arthritis. Minority individuals were
expected to be a substantial part of the priority group.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home.
Several counties have reported seniors on waiting lists and other
counties report that they typically run out of State funding for home
delivered meals in July or August of each year. As a result, some
counties rely on local tax dollars in order to supplement funding for
this State program in order to continue to provide home delivered
meals.

Current waiting lists for home delivered meals are not required to be
reported to the New York State Office for the Aging. Recent estimates
suggest that approximately 2,000 seniors throughout New York State
are eligible for, but not receiving home delivered meals. This
number, however, can vary greatly. Recent administrative changes to
New York City's home delivered meal program significantly reduced the
waiting list. As the City's economic crisis worsens however, seniors
could once again find themselves needing, but unable to receive, home
delivered meals.

This legislation seeks to provide adequate funding for the home
delivered meal assistance program in order to eliminate current
waiting lists that exist due to inadequate state funding.

LEGISLATIVE HISTORY:

2011:    S.348 - Reported and Committed to Finance/A.396 - Referred
         to Aging
2009-10: S.3340D Reported and Committed to Finance/A.7152C - Amend
         and Recommit to Aging

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

180 days after it shall have become law.

S348-2011 Text

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

                                     348

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  DIAZ  --  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  establishing  the  home
    delivered meal assistance program

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


    Section 1. The elder law is amended by adding a  new  section  224  to
  read as follows:

    S 224. HOME DELIVERED MEAL ASSISTANCE PROGRAM. 1.  ANY PERSON THAT (A)
  MEETS  THE  CRITERIA ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, (B)
  WHO IS NOT RECEIVING THE SERVICES OF THE HOME DELIVERED MEAL  ASSISTANCE
  PROGRAM DUE TO INADEQUATE FUNDING AND (C) IS CURRENTLY ON A WAITING LIST
  FOR  THE  HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM,  SHALL RECEIVE THE
  SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM.
    2. ANY PERSON ELIGIBLE TO RECEIVE THE SERVICES OF THE  HOME  DELIVERED
  MEAL ASSISTANCE PROGRAM MUST MEET THE FOLLOWING CRITERIA:

    (A) IS SIXTY YEARS OF AGE OR OLDER;
    (B) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY;
    (C) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
    (D)  IS UNABLE TO PREPARE MEALS DUE TO A LACK OR INADEQUACY OF FACILI-
  TIES, OR AN INABILITY TO SHOP, COOK OR PREPARE MEALS SAFELY, OR  A  LACK
  OF KNOWLEDGE OR SKILL.
    3. THE SPOUSE OF A PERSON WHO MEETS THE CRITERIA ESTABLISHED IN SUBDI-
  VISION  TWO OF THIS SECTION, REGARDLESS OF AGE, MAY RECEIVE THE SERVICES
  OF THE HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM  IF  RECEIPT  OF  SUCH
  SERVICES IS IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
    4.  THE  AREA  AGENCY  MUST  ENSURE  THAT  EACH PERSON REFERRED FOR OR
  REQUESTING THE SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM IS
  ASSESSED BY THE AREA AGENCY OR SUCH AREA AGENCY'S SUBCONTRACTING  ORGAN-
  IZATION  TO  PERFORM  SUCH ASSESSMENT.   SUCH ASSESSMENT SHALL DETERMINE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03128-01-1

 S. 348                              2

  THAT THE PERSON REFERRED FOR OR REQUESTING  THE  SERVICES  OF  THE  HOME
  DELIVERED  MEAL  ASSISTANCE  PROGRAM  MEETS  THE CRITERIA ESTABLISHED IN
  SUBDIVISION TWO OF THIS SECTION.
    (A)  THE  AREA  AGENCY MUST ALSO DOCUMENT ADEQUATE FOLLOW-UP AND REAS-
  SESSMENT.
    (B) THE AREA AGENCY MUST ASSURE THE USE OF STANDARDIZED CLIENT ASSESS-
  MENT PROCEDURES THAT ARE CONSISTENT WITH THE OFFICE'S GUIDELINES.
    S 2. Reporting. Designated agencies shall report to  the  director  of
  the  office  for  the  aging, at a time and manner to be decided upon by
  such director, the following:

    (a) the number of persons who are on waiting lists pursuant to  subdi-
  vision 1 of section 224 of the elder law.
    (b)  the  amount  of  local funding each designated agency contributes
  towards the home delivered meal assistance program.
    (c) the point  during  the  contract  period  each  designated  agency
  expends  all  state  funding  for  the  home  delivered  meal assistance
  program.
    S 3. The director of the office for the aging shall  promulgate  rules
  and  regulations  he or she deems appropriate to effectuate the purposes
  of this act.
    S 4. The responsibility of the area agency shall  be  contingent  upon
  the  state  appropriation  received pursuant to subdivision 1 of section
  224 of the elder law for such services from the state. In no event shall
  this section provide a private right of action by any person against the
  area agency.
    S 5. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.