S T A T E   O F   N E W   Y O R K
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                                  10247

                          I N  A S S E M B L Y

                              May 16, 2012
                               ___________

Introduced  by  M.  of  A.  MILLMAN  --  Multi-Sponsored  by -- M. of A.
  BARRETT, BARRON, BRINDISI, GRAF, ROBINSON -- read once and referred to
  the Committee on Aging

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
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

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

                                                           LBD15579-01-2

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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)]  (C)  "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)] (D) "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 WERE  OFFERED;
AND
  (2)  A  PLAN  BY  THE  ELIGIBLE  ENTITY  TO OFFER ENRICHED SERVICES IN
ACCORDANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) 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]
FOURTEEN,  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-
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

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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.