Bill S647-2011

Creates adult day services respite demonstration programs

Creates adult day services respite demonstration programs; authorizes the commissioner of health in conjunction with the director of the state office for the aging to establish the respite day demonstration programs, based upon adult day health care and social adult day services, which extends the period a caregiver can remain active in the care of elderly or disabled individuals; sets forth definitions; further sets forth reporting requirements.

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  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 5, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S647

TITLE OF BILL: An act to amend the criminal procedure law and the family court act, in relation to a victim's right of access to information in certain proceedings

PURPOSE: This bill gives a crime victim access to information about the status of the case in which he was involved, and the right to participate in the judicial proceedings of a juvenile offender.

SUMMARY OF SPECIFIC PROVISIONS: o Section 1.20 of the criminal procedure law is amended by adding a new subdivision 44 which reads: "Victim" means a person as defined in subdivision seven of section 10.00 of the penal law alleged to have sustained physical injury to person or financial damage to property as a direct result of the crime or crimes charged in an accusatory instrument.

o A new article 235 is added to the Criminal Procedure Law, entitling a victim of a crime to certain information on the status of the case. This information includes the plea the accused has entered, the trial date assigned to the accused, whether the case has been transferred to another court, and the general status of the case The prosecutor of the case is responsible for turning this information over to the victim on demand.

o A new section, 340.3, is added to the Family Court Act, giving the victim access to the same information in the case of a juvenile offender. A victim is also given the right to request participation in the proceedings against a juvenile, subject to the approval of the court.

JUSTIFICATION: The information that will be given to the victim under this bill is clearly information which may have a direct bearing upon the victim's well being. Access to this information should surely be a matter of right. Too often, the criminal justice system, given its heavy workload and the necessity of safeguarding the rights of the accused, neglects the victims and their needs. Providing the victim with updated information on the status of cases will not only protect victims, it will increase their confidence in the criminal justice system, and encourage them to take a more active role in bringing criminals to justice.

PRIOR LEGISLATIVE HISTORY: This bill has been introduced in previous legislative sessions.

FISCAL IMPLICATIONS: Agencies responsible for prosecution will have to develop a system to keep victims informed The cost should be minimal, as the information to be provided to the victim is certainly already part of the prosecution's file on the case.

EFFECTIVE DATE: 180 days after enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 647 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. GOLDEN, DeFRANCISCO, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to creating adult day services respite demonstration programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2801-h to read as follows: S 2801-H. RESPITE DAY DEMONSTRATION PROGRAM. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "RESPITE DAY DEMONSTRATION PROGRAM" MEANS A STRUCTURED, COMPREHEN- SIVE PROGRAM ESTABLISHED BY THE COMMISSIONER UNDER THIS SECTION, IN CONJUNCTION WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, PROVIDING LEVEL I, LEVEL II OR LEVEL III SERVICES TO REGISTRANTS. (B) "REGISTRANT" MEANS A PERSON: (I) WHO IS NOT A RESIDENT OF A RESIDENTIAL HEALTH CARE FACILITY, IS FUNCTIONALLY IMPAIRED AND NOT HOMEBOUND, AND REQUIRES SUPERVISION AND MONITORING BUT DOES NOT REQUIRE CONTINUOUS TWENTY-FOUR HOUR A DAY INPA- TIENT CARE AND SERVICES; (II) WHOSE ASSESSED SOCIAL AND HEALTH CARE NEEDS CAN SATISFACTORILY BE MET IN WHOLE OR IN PART BY THE DELIVERY OF APPROPRIATE SERVICES IN THE COMMUNITY SETTING; AND (III) WHO HAS BEEN ADMITTED TO THE PROGRAM BASED ON AN INTERDISCIPLI- NARY COMPREHENSIVE ASSESSMENT. (C) "FUNCTIONALLY IMPAIRED" MEANS A PERSON WHO NEEDS THE ASSISTANCE OF ANOTHER PERSON IN AT LEAST ONE OF THE FOLLOWING ACTIVITIES OF DAILY LIVING: TOILETING, MOBILITY, TRANSFERRING OR EATING; OR WHO NEEDS SUPER- VISION DUE TO COGNITIVE OR PSYCHO-SOCIAL IMPAIRMENT.
(D) "ADULT DAY HEALTH" MEANS THE HEALTH CARE SERVICES AND ACTIVITIES DEFINED BY THE COMMISSIONER UNDER REGULATIONS UNDER SUBPARAGRAPH (VII) OF PARAGRAPH F OF SUBDIVISION SIX-A OF SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW. (E) "LEVEL I SERVICES" MEANS THE FOLLOWING SERVICES: (I) SOCIALIZATION AND PLANNED ACTIVITIES; (II) SUPERVISION AND MONITORING; (III) ROUTINE PERSONAL CARE, WHICH INCLUDES: (A) ASSISTANCE FOR THE REGISTRANT WITH ANY OF THE FOLLOWING: TOILET- ING, MOBILITY, TRANSFER AND EATING; (B) ROUTINE SKIN CARE; (C) CHANGING SIMPLE DRESSINGS; AND (D) USING SUPPLIES AND ADAPTIVE AND ASSISTIVE EQUIPMENT; (IV) MEDICATION DISTRIBUTION; (V) CASE MANAGEMENT; AND (VI) MEALS CONSISTENT WITH STANDARDS SET FOR THE NUTRITION PROGRAM FOR THE ELDERLY ESTABLISHED BY THE STATE OFFICE FOR THE AGING. (F) "LEVEL II SERVICES" MEANS ALL LEVEL I SERVICES, PLUS THE FOLLOWING SERVICES: (I) MAJOR PERSONAL CARE SERVICES, WHICH INCLUDES: (A) ASSISTANCE FOR THE REGISTRANT WITH SHOWERING AND BATHING; AND (B) SOME OR TOTAL ASSISTANCE WITH DRESSING AND GROOMING; (II) HEALTH EDUCATION; (III) NURSING MONITORING AND SUPERVISION OF BASIC TREATMENTS; (IV) COUNSELING; AND (V) RESTORATIVE THERAPIES NOT LASTING LONGER THAN SIX MONTHS. (G) "LEVEL III SERVICES" MEANS AND INCLUDES ALL LEVEL I AND LEVEL II SERVICES, PLUS THE FOLLOWING SERVICES: (I) PSYCHIATRIC EVALUATIONS AND DIAGNOSIS; (II) SKILLED NURSING SERVICES; (III) MEDICATION MANAGEMENT; (IV) MAINTENANCE AND RESTORATIVE THERAPIES GREATER THAN SIX MONTHS IN DURATION; AND (V) ADDITIONAL MEDICAL SERVICES AS REQUIRED BY REGULATION. (H) "BASE RATE" MEANS THE RATE PAID FOR APPROVED ADULT DAY HEALTH SERVICES UNDER SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW. (I) "OPERATOR" MEANS (I) AN ADULT DAY HEALTH CARE PROGRAM OR (II) A SOCIAL ADULT DAY SERVICES PROGRAM, AS DEFINED IN SECTION TWO HUNDRED FIFTEEN OF THE ELDER LAW. 2. RESPITE DAY DEMONSTRATION PROGRAM. THE COMMISSIONER, IN CONJUNCTION WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, MAY ESTABLISH RESPITE DAY DEMONSTRATION PROGRAMS BASED UPON ADULT DAY HEALTH CARE AND SOCIAL ADULT DAY SERVICES, AS DEFINED IN SECTION TWO HUNDRED FIFTEEN OF THE ELDER LAW, TO EXTEND THE PERIOD A CAREGIVER CAN REMAIN ACTIVE IN THE CARE OF ELDERLY OR DISABLED INDIVIDUALS, AVOIDING THE NEED FOR MORE COSTLY INSTITUTIONAL PLACEMENT. 3. ESTABLISHMENT. THERE SHALL BE A MINIMUM OF TEN PROGRAMS ESTAB- LISHED IN SIX LOCATIONS, WITH AT LEAST ONE SITE TO BE LOCATED WITHIN EACH OF THE FOLLOWING SIX REGIONS: NEW YORK CITY, LONG ISLAND, HUDSON VALLEY, NORTH COUNTRY, CENTRAL AND WESTERN. EACH LOCATION'S PROGRAM SHALL CONSIST OF UP TO FIFTEEN REGISTRANTS. OPERATORS SHALL BE SELECTED BASED ON A REQUEST FOR PROPOSAL PROCESS WITH PREFERENCE GIVEN TO THOSE APPLICANTS WHO ARE ABLE TO DEMONSTRATE THEIR CAPACITY TO BUILD PARTNER- SHIPS AND ENTER INTO COOPERATIVE ARRANGEMENTS. THIS SECTION SHALL NOT BE
CONSTRUED TO PERMIT AN OPERATOR TO PROVIDE SERVICES FOR WHICH THE OPERA- TOR IS NOT OTHERWISE LICENSED OR CERTIFIED TO PROVIDE. 4. REGISTRANT CARE PLAN. THE OPERATOR SHALL ENSURE: (A) THAT A CARE PLAN BASED ON A COMPREHENSIVE INTERDISCIPLINARY ASSESSMENT AND, WHEN APPLICABLE, A TRANSFER OR DISCHARGE PLAN IS DEVEL- OPED FOR EACH REGISTRANT WITHIN FIVE VISITS, NOT TO EXCEED THIRTY DAYS, FROM REGISTRATION; (B) EACH REGISTRANT'S CARE PLAN SHALL INCLUDE: (I) DESIGNATION OF A PROFESSIONAL PERSON TO BE RESPONSIBLE FOR COORDI- NATING THE CARE PLAN; (II) THE REGISTRANT'S PERTINENT DIAGNOSES, INCLUDING MENTAL STATUS, TYPES OF EQUIPMENT AND SERVICES REQUIRED, CASE MANAGEMENT, FREQUENCY OF PLANNED VISITS, PROGNOSIS, REHABILITATION POTENTIAL, FUNCTIONAL LIMITA- TIONS, PLANNED ACTIVITIES, NUTRITIONAL REQUIREMENTS, MEDICATIONS AND TREATMENTS, NECESSARY MEASURES TO PROTECT AGAINST INJURY, INSTRUCTIONS FOR DISCHARGE OR REFERRAL IF APPLICABLE, ORDERS FOR THERAPY SERVICES INCLUDING THE SPECIFIC PROCEDURES AND MODALITIES TO BE USED AND THE AMOUNT, FREQUENCY AND DURATION OF SUCH SERVICES, AND ANY OTHER APPROPRI- ATE ITEM; (III) THE MEDICAL AND NURSING GOALS AND LIMITATIONS ANTICIPATED FOR THE REGISTRANT AND, AS APPROPRIATE, THE NUTRITIONAL, SOCIAL, REHABILITA- TIVE AND LEISURE TIME GOALS AND LIMITATIONS; (IV) THE REGISTRANT'S POTENTIAL FOR REMAINING IN THE COMMUNITY; AND (V) A DESCRIPTION OF ALL SERVICES TO BE PROVIDED TO THE REGISTRANT BY THE PROGRAM, INFORMAL SUPPORTS AND OTHER COMMUNITY RESOURCES PURSUANT TO THE CARE PLAN, AND HOW SUCH SERVICES WILL BE COORDINATED; (C) DEVELOPMENT AND MODIFICATION OF THE CARE PLAN IS COORDINATED WITH OTHER HEALTH CARE PROVIDERS OUTSIDE THE PROGRAM WHO ARE INVOLVED IN THE REGISTRANT'S CARE; AND (D) THE RESPONSIBLE PERSONS, WITH THE APPROPRIATE PARTICIPATION OF CONSULTANTS IN THE MEDICAL, SOCIAL, PARAMEDICAL AND RELATED FIELDS INVOLVED IN THE REGISTRANT'S CARE: (I) RECORD IN THE CLINICAL RECORD CHANGES IN THE REGISTRANT'S STATUS WHICH REQUIRE ALTERATIONS IN THE REGISTRANT CARE PLAN; (II) MODIFY THE CARE PLAN ACCORDINGLY; (III) REVIEW THE CARE PLAN AT LEAST ONCE EVERY SIX MONTHS AND WHENEVER THE REGISTRANT'S CONDITION WARRANTS AND DOCUMENT EACH SUCH REVIEW IN THE CLINICAL RECORD; AND (IV) PROMPTLY ALERT THE REGISTRANT'S AUTHORIZED HEALTH CARE PRACTI- TIONER OF ANY SIGNIFICANT CHANGES IN THE REGISTRANT'S CONDITION WHICH INDICATE A NEED TO REVISE THE CARE PLAN. 5. REIMBURSEMENT. FOR THE PURPOSES OF THIS SECTION, REIMBURSEMENT RATES UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW FOR PROGRAMS SHALL BE AS FOLLOWS: (A) LEVEL I SERVICES WILL BE REIMBURSED AT FORTY PERCENT OF THE BASE RATE; (B) LEVEL II SERVICES WILL BE REIMBURSED AT SEVENTY-FIVE PERCENT OF THE BASE RATE; AND (C) LEVEL III SERVICES WILL BE REIMBURSED AT ONE HUNDRED PERCENT OF THE BASE RATE. 6. EVALUATION AND REPORT. NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER SHALL PROVIDE THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY WITH A WRITTEN EVALUATION OF THE PROGRAM, BASED ON AN ASSESSMENT TOOL DEVELOPED BY THE DEPARTMENT. SUCH EVALUATION SHALL ADDRESS THE OVERALL EFFECTIVENESS OF THE PROGRAM IN IMPROVING OUTCOMES FOR INDIVIDUAL PATIENTS AND GROUPS OF
PATIENTS, REDUCING COSTS, ENCOURAGING PLACEMENTS IN APPROPRIATE ADULT DAY HEALTH SERVICES SETTINGS, AND ENHANCING THE AVAILABILITY OF LESS RESTRICTIVE AND LESS INSTITUTIONAL SERVICES; SHALL EVALUATE THE NEED FOR LEVEL I, II AND III SERVICES AND THE IMPACT ON THE AVAILABILITY OF EACH OF THE SERVICES ON COST AND INSTITUTIONAL PLACEMENT; AND SHALL CONTAIN RECOMMENDATIONS RELATIVE TO EXTENDING AND EXPANDING THE PROGRAM. IN EVALUATING INDIVIDUAL OUTCOMES, THE COMMISSIONER SHALL CONSULT WITH THE CENTER FOR FUNCTIONAL ASSESSMENT RESEARCH AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO. 7. WAIVERS AND FEDERAL APPROVALS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY UNLESS ALL NECESSARY APPROVALS UNDER FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SERVICES PROVIDED UNDER THIS SECTION. (B) THE COMMISSIONER IS AUTHORIZED TO SUBMIT AMENDMENTS TO THE STATE PLAN FOR MEDICAL ASSISTANCE AND SUBMIT ONE OR MORE APPLICATIONS FOR WAIVERS OF THE FEDERAL SOCIAL SECURITY ACT, TO OBTAIN THE FEDERAL APPROVALS NECESSARY TO IMPLEMENT THIS SECTION. THE COMMISSIONER SHALL SUBMIT SUCH AMENDMENTS OR APPLICATIONS FOR WAIVERS BY SEPTEMBER THIRTI- ETH, TWO THOUSAND ELEVEN, AND SHALL USE BEST EFFORTS TO OBTAIN THE APPROVALS REQUIRED BY THIS SUBDIVISION IN A TIMELY MANNER SO AS TO ALLOW EARLY IMPLEMENTATION OF THIS SECTION. S 2. This act shall take effect immediately.

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