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A06346 Summary:

COSPNSRSimon, Epstein, Thiele, Jackson, Anderson, Zebrowski, Forrest, Lupardo, Steck, Joyner, Brabenec, Mitaynes, Mamdani, Kelles, Rosenthal L, McMahon, Sayegh, Reyes, Sillitti, Shrestha, Ramos, Jean-Pierre, Ardila, Gallagher, McDonough, Seawright, Lavine, Solages, Santabarbara, Lunsford, Gonzalez-Rojas, Davila, Curran, Gallahan, Darling, Gunther, Raga, Angelino
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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A06346 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      April 5, 2023
        Introduced  by  M. of A. PAULIN, SIMON, EPSTEIN, THIELE, JACKSON, ANDER-
          MAMDANI, KELLES, L. ROSENTHAL -- read once and referred to the Commit-
          tee on Health
        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.

        A. 6346                             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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