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A05367 Summary:

BILL NOA05367A
 
SAME ASSAME AS S05028-A
 
SPONSORGottfried
 
COSPNSRSimon, Epstein, Barron, Abinanti, Thiele, Jackson, Anderson, Zebrowski
 
MLTSPNSR
 
Rpld §365-a sub 2 ¶(e) sub¶(v), amd §§365-a & 365-f, Soc Serv L
 
Removes certain restrictions on eligibility for personal and home care services under medicaid.
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A05367 Actions:

BILL NOA05367A
 
02/16/2021referred to health
02/26/2021amend and recommit to health
02/26/2021print number 5367a
03/01/2021reported referred to ways and means
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A05367 Memo:

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
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A05367 Text:



 
                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.
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