Relates to the provision of enriched social adult day services and authorizes the director to establish an application process where eligible entities may apply to offer enriched and/or optional services and authorizes the director to make grants to eligible entities.
STATE OF NEW YORK
________________________________________________________________________
7588
2015-2016 Regular Sessions
IN ASSEMBLY
May 19, 2015
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Aging
AN ACT to amend the elder law, in relation to providing enriched social
adult day services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 215-b of the elder law, as added by section 27 of
2 part A of chapter 58 of the laws of 2008, is amended to read as follows:
3 § 215-b. Enriched social adult day services [demonstration project].
4 1. Legislative intent. Social adult day services programs are resources
5 that can help communities maintain the independence of [elderly resi-
6 dents] functionally impaired adults. The level of services needed by
7 some [elderly persons] functionally impaired adults exceeds the level of
8 assistance currently available through social model adult day services
9 programs but is not at the level of support provided in an adult day
10 health care program. Social adult day services programs cannot enroll
11 new participants whose needs exceed the services that can be provided in
12 the current social adult day services programs. Additionally, these
13 programs must discharge current participants when their needs cannot be
14 met. Therefore, an enriched social adult day services project shall be
15 established as a demonstration project for the purposes of maintaining
16 [elderly persons] functionally impaired adults in the community by
17 deterring or delaying institutionalization.
18 2. Definitions. For purposes of this section, the following terms
19 shall have the following meanings:
20 (a) ["Elderly" or "elderly persons" shall mean persons who are sixty
21 years of age or older.
22 (b)] "Eligible participant" shall mean [elderly or elderly persons as
23 defined in this section,] individuals who are functionally impaired, as
24 defined in section two hundred fifteen of this title, and in need of
25 services that exceed the level of assistance currently available through
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11196-01-5
A. 7588 2
1 social adult day services programs but not at the level of support
2 provided by adult day health care programs.
3 [(c)] (b) "Eligible entity" shall mean any not-for-profit or govern-
4 ment entity, including the governing body or council of an Indian tribal
5 reservation, who [has demonstrated to the office and the department of
6 health, based on criteria developed by the director and the commissioner
7 of health, that it can safely provide either directly or through a
8 contract with a licensed health care practitioner or licensed home care
9 provider as defined in section thirty-six hundred five of the public
10 health law, social adult day care services as defined in section two
11 hundred fifteen of this title, as well as additional allowable medical
12 services as developed by the director and the commissioner of health,
13 and optional services as defined in this section] currently provides all
14 of the services required for social adult day services programs pursuant
15 to section two hundred fifteen of this title; including total assistance
16 with toileting, mobility, transferring, and eating where appropriate;
17 and has an existing contract with the state office for the aging.
18 [(d) "Enriched social adult day services demonstration project" or
19 "project" shall mean programs eligible under this section that provide
20 all of the services currently required for social adult day services
21 programs under section two hundred fifteen of this title in addition to
22 enriched services, and may include optional services.
23 (e)] (c) "Enriched services" shall include the [provision of total
24 assistance with toileting, mobility, transferring and eating;] dispens-
25 ing of medications by a registered nurse; health education; counseling;
26 case management; restorative therapies lasting less than six months and
27 maintenance therapies. [Total assistance with toileting, mobility,
28 transferring and eating shall be provided under the supervision of a
29 licensed health care provider.] Restorative and maintenance therapies
30 shall be provided by an appropriately licensed health care provider.
31 [(f)] (d) "Optional services" shall mean other non-medical services
32 approved by the director designed to improve the quality of life of
33 eligible participants by extending their independence, avoiding unneces-
34 sary hospital and nursing home stays, and sustaining their informal
35 supports.
36 3. [Demonstration project. The director, in conjunction with the
37 commissioner of health, is authorized and directed to establish an
38 enriched social adult day services demonstration project for the
39 purposes of testing innovative ways that social adult day services
40 programs can successfully enable eligible participants to remain inde-
41 pendent in their communities by deterring or delaying institutionaliza-
42 tion through the use of enriched services.
43 4.] Duties of the director. (a) The director, in conjunction with the
44 commissioner of health, [may make up to twenty grants available on a
45 competitive basis to eligible entities under this section. Such grants
46 may be available for up to two hundred thousand dollars for each
47 enriched social adult day services demonstration project and shall be
48 for up to one hundred percent of allowable expenditures for approved
49 services and expenses under this section] shall develop an application
50 process whereby eligible entities may apply for approval to offer
51 enriched services, optional services, or both. Such application shall
52 include, but not be limited to:
53 (1) an estimate of the number of eligible participants to whom the
54 eligible entity could effectively provide the services for which they
55 are applying to offer pursuant to this section; and
A. 7588 3
1 (2) a plan under which the eligible entity would safely offer the
2 services for which they are applying pursuant to this section, either
3 directly or through a contract with a licensed health care practitioner
4 or licensed home care provider as defined in section thirty-six hundred
5 five of the public health law.
6 (b) In [making grants] considering applications made pursuant to para-
7 graph (a) of this subdivision, the director, in conjunction with the
8 commissioner of health, may consider:
9 (1) [projects] eligible entities that can effectively serve eligible
10 participants residing in rural, urban, or suburban settings;
11 (2) [projects] eligible entities that effectively serve culturally
12 diverse populations;
13 (3) [projects] eligible entities that demonstrate innovative use of
14 technology, coordination, partnerships, transportation or other services
15 to enable eligible participants to be effectively served; and
16 (4) [the capacity of the eligible entity to identify eligible partic-
17 ipants for enriched adult day services demonstration projects; and
18 (5)] any other criteria determined to be appropriate.
19 [5.] 4. Evaluation. On or before January thirtieth, two thousand
20 [eleven] seventeen, the director shall provide the governor, the speaker
21 of the assembly, the temporary president of the senate, and the chair-
22 persons of the assembly and senate aging and health committees with a
23 written evaluation of the program. The evaluation shall examine the
24 effectiveness of the project in forestalling institutional placement,
25 the costs of providing enriched services in a day care setting, partic-
26 ipant satisfaction and program quality, and identification of the
27 program design elements necessary for successful replication.
28 [6. Funds.] 5. Grants. (a) The director may, within amounts appropri-
29 ated therefor, make grants, available on a competitive basis, to eligi-
30 ble entities under this section. Such grants shall be for one hundred
31 percent of the allowable expenditures for approved services and expenses
32 under this section.
33 (b) In making grants, the director, in conjunction with the commis-
34 sioner of health, may consider the criteria established under subdivi-
35 sion three of this section.
36 (c) Funds made available under this [section] subdivision shall
37 supplement and not supplant any federal, state, or local funds expended
38 by any entity, including a unit of general purpose local government or
39 not-for-profit, to provide services under this section. Funds under this
40 [section] subdivision cannot pay for individuals who are eligible under
41 title nineteen of the federal social security act.
42 § 2. This act shall take effect immediately; provided, however, that
43 the amendments to section 215-b of the elder law made by section one of
44 this act shall not affect the repeal of such section and shall be deemed
45 repealed therewith.
