NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5367A
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the social services law, in relation to removing certain
restrictions on access to home care services; and to repeal certain
provisions of such law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
To repeal limitations on eligibility for personal care service, that
require a person need physical assistance with 3 or more activities of
daily living (ADL), unless diagnosed with Alzheimer's, where in one
would need supervision with 2 ADLs.
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Social Services Law §§ 365-a and 365-f to delete the
requirement that applicants for Medicaid services in the home have to be
assessed as needing at least limited assistance with physical maneuver-
ing with 3 or more activities of daily living, or for persons with a
dementia or Alzheimer's diagnosis, as needing at least supervision with
2 or more activities of daily living.
JUSTIFICATION:
Activities of daily living include such tasks as dressing, using the
bathroom, moving about one's home, housekeeping and meals. Assisting
persons who are elderly or with disabilities so that they may remain in
their homes prevents the higher cost of institutional care. This bill
will restore eligibility criteria for home care services and consumer
directed personal assistance (CDPA) to the form in which it existed
prior to the 2020 legislation.
This bill will ensure that New York continues to comply with federal
requirements under the Olmstead Decision and Community First Choice
(CFC). Eligibility criteria for home care services must remain less
stringent than that of nursing homes to ensure that services in the
least restrictive setting are prioritized as set forth by Olmstead.
Additionally, for the State to remain in compliance with CFC, avoid
lawsuits, and retain the additional federal funding from the CFC
program, we must eliminate any difference in services offered based on
type of disability.
For most people, home is the safest, healthiest option, especially with
the COVID-19 pandemic. Congregate settings should be the last resort.
This bill will help minimize institutionalization.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
to be determined
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5367--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 16, 2021
___________
Introduced by M. of A. GOTTFRIED, SIMON -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to removing certain
restrictions on access to home care services; and to repeal certain
provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (e) of subdivision 2 of
2 section 365-a of the social services law, as amended by section 2 of
3 part MM of chapter 56 of the laws of 2020, is amended to read as
4 follows:
5 (i) personal care services, including personal emergency response
6 services, shared aide and an individual aide, subject to the provisions
7 of subparagraphs (ii), (iii), (iv)[, (v)] and (vi) of this paragraph,
8 furnished to an individual who is not an inpatient or resident of a
9 hospital, nursing facility, intermediate care facility for individuals
10 with intellectual disabilities, or institution for mental disease, as
11 determined to meet the recipient's needs for assistance when cost effec-
12 tive and appropriate, and when prescribed by a qualified independent
13 physician selected or approved by the department of health, in accord-
14 ance with the recipient's plan of treatment and provided by individuals
15 who are qualified to provide such services, who are supervised by a
16 registered nurse and who are not members of the recipient's family, and
17 furnished in the recipient's home or other location;
18 § 2. Subparagraph (v) of paragraph (e) of subdivision 2 of section
19 365-a of the social services law is REPEALED.
20 § 3. Paragraph (c) of subdivision 2 of section 365-f of the social
21 services law, as amended by section 3 of part MM of chapter 56 of the
22 laws of 2020, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09428-02-1
A. 5367--A 2
1 (c) has been determined by the social services district, pursuant to
2 an assessment of the person's appropriateness for the program, conducted
3 with an appropriate long term home health care program, a certified home
4 health agency, or an AIDS home care program or pursuant to the personal
5 care program, as being in need of home care services or private duty
6 nursing and [as needing at least limited assistance with physical maneu-
7 vering with more than two activities of daily living, or for persons
8 with a dementia or Alzheimer's diagnosis, as needing at least super-
9 vision with more than one activity of daily living, provided that the
10 provisions related to activities of daily living in this paragraph shall
11 only apply to persons who initially seek eligibility for the program on
12 or after October first, two thousand twenty, and] who is able and will-
13 ing or has a designated representative, including a legal guardian able
14 and willing to make informed choices, or a designated relative or other
15 adult who is able and willing to assist in making informed choices, as
16 to the type and quality of services, including but not limited to such
17 services as nursing care, personal care, transportation and respite
18 services; and
19 § 4. This act shall take effect immediately.
