Establishes the home delivered meal assistance program.
Law Section: Elder Law
Law: Add S224, Eld L
Co-sponsor(s): MONTGOMERYCommittee: AGING
Law Section: Elder Law
Law: Add S224, Eld L
- 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 MeetingsAging: Apr 4, 2011
VOTE: COMMITTEE VOTE: - Aging - Apr 4, 2011
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.
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.