NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1845
SPONSOR: Kim TITLE OF BILL:
An act to amend the elder law, in relation to informal caregiver train-
ing
PURPOSE OR GENERAL IDEA OF BILL:
To encourage the development of training and supports for older adults
who are caregivers for minors.
SUMMARY OF PROVISIONS:
This bill would broaden the informal caregiver training program to
include training and resources for older adults who are caregivers for
minors. The term "frail or disabled person" has been replaced with
"person in need of assistance".
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
Training for informal caregivers is crucial to ensuring their success.
Often family members, these caregivers provide assistance worth billions
of dollars every year. We want to support the ability of family members
to care for family. There is a growing number of older adults who are
caregivers themselves for children in their family due to a variety of
circumstances. These individuals may themselves be in need of care, but
also want to provide care and a loving home to the child in their
charge.
PRIOR LEGISLATIVE HISTORY:
A.6597-a in the 2019-2020 session.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately upon passage.
STATE OF NEW YORK
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1845
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. KIM -- read once and referred to the Committee on
Aging
AN ACT to amend the elder law, in relation to informal caregiver train-
ing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 206 of the elder law, subdivision 1 as amended by
2 chapter 672 of the laws of 2019, subparagraph 4 of paragraph (a) of
3 subdivision 3 as added by chapter 269 of the laws of 2014, is amended to
4 read as follows:
5 § 206. Informal caregiver training. 1. The director is hereby author-
6 ized and directed, to the extent appropriations are available therefor,
7 to develop, establish and operate training and technical assistance
8 programs, including caregiver resource centers, caregiver networks, and
9 other support activities, for informal caregivers throughout the state
10 for the purposes of assisting such caregivers and improving the quality
11 of care provided [to frail and disabled persons]. The director shall
12 also make available and encourage the utilization of such training
13 programs in consultation with the commissioner of the department of
14 health, the commissioner of the office of children and family services,
15 the commissioner of the office of mental health, and the commissioner of
16 the office for people with developmental disabilities.
17 2. Definitions. For the purposes of this section: (a) "Informal care-
18 giver" shall mean the family member or other natural person who normally
19 provides [the] daily care or supervision [of a frail or disabled person]
20 of a person in need of assistance, or any family member or other natural
21 person who contributes to and is involved in [the] caretaking responsi-
22 bilities [for such frail or disabled person] for a person in need of
23 assistance. Such informal caregiver may provide care for a person in
24 need of assistance, but need not[,] reside in the same household as the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04783-01-3
A. 1845 2
1 [frail or disabled] person, or may be an older adult providing care to a
2 minor relative in their home.
3 (b) ["Frail or disabled person" shall mean any person who is unable to
4 attend to his or her daily needs without the assistance or regular
5 supervision of an informal caregiver due to mental or physical impair-
6 ment. Such definition shall not exclude persons under eighteen years of
7 age who suffer from mental or physical impairment.] "Person in need of
8 assistance" shall mean any person who requires assistance with one or
9 more activities of daily living or instrumental activities of daily
10 living.
11 (c) "Program" shall mean the program of informal caregiver training
12 and technical assistance established by this section.
13 (d) "Caregiver resource center" shall mean a project funded pursuant
14 to this section which provides services and activities which are respon-
15 sive to the needs and contracts of informal caregivers in regard to
16 their caregiving responsibilities.
17 (e) "Caregiver networks" shall mean local coalitions which develop,
18 coordinate, and implement action plans to identify and mobilize
19 resources to address the unmet needs of [frail and disabled] persons in
20 need of assistance and [their] informal caregivers.
21 (f) "Older adult" shall mean any person aged sixty years of age or
22 older.
23 (g) "Minor" shall mean a person seventeen years of age or younger.
24 3. (a) The duties of the director pursuant to this section shall
25 include, but not be limited to:
26 (1) developing and [make] making available or [approve] approving a
27 curriculum for informal caregiver training which considers and is easily
28 adapted to an array of personal needs and disabilities, and which is
29 sensitive to ethnic and community characteristics;
30 (2) providing technical assistance and training to appropriate organ-
31 izations and groups, including caregiver resource centers and caregiver
32 networks, which, in turn, shall provide training and assistance to
33 informal caregivers; [and]
34 (3) providing grants to appropriate organizations and groups, includ-
35 ing caregiver resource centers and caregiver networks, to develop and
36 make available approved curricula for informal caregiver training as
37 well as disseminate information regarding the curriculum[.]; and
38 (4) [develop] developing guidelines for local area agencies on aging
39 in order to provide the following:
40 (i) information and assistance regarding gaining access to available
41 services to assist informal caregivers;
42 (ii) resource referrals for informal caregivers regarding decision-
43 making on behalf of the individual receiving care; and
44 (iii) counseling referrals for informal caregivers.
45 (b) Training and technical assistance shall include, but not be limit-
46 ed to:
47 (1) knowledge of major health problems and diseases, mental [and]
48 illness, physical disabilities, and the aging process;
49 (2) practical skills required in providing personal care and support;
50 (3) stress awareness and methods of dealing with stress caused by
51 providing care;
52 (4) financial management; and
53 (5) identification and utilization of available resources, including
54 benefits, entitlements, and other programs and assistance.
55 4. The director shall:
A. 1845 3
1 (a) Promulgate any rules and regulations necessary to carry out the
2 provisions of this section.
3 (b) On or before the first day of January every other year, submit a
4 report to the governor, the temporary president of the senate and the
5 speaker of the assembly, which shall include, but not be limited to:
6 (1) a financial report of the program's operation;
7 (2) a profile of persons or groups receiving training and technical
8 assistance pursuant to this section; and
9 (3) an analysis of the program's success in assisting informal care-
10 givers and improving the quality of care provided by such persons.
11 § 2. This act shall take effect immediately.
