Provides for expanded non-medical in-home services, non-institutional respite services, case management services, and ancillary services without a prescription or physician's order; repeals certain cost sharing requirements for such services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7907
SPONSOR: Seawright TITLE OF BILL:
An act to amend the elder law, in relation to the provision of expanded
non-medical in-home services, non-institutional respite services, case
management services, and ancillary services without a prescription or
physician's order; and to repeal certain provisions of such law relating
thereto
PURPOSE OR GENERAL IDEA OF BILL:
This legislation makes two changes to the Elder Law: (1) Modifying the
Expanded In-Home Services for the Elderly Program (EISEP) to eliminate
the cost share requirement for EISEP services, and (2) to eliminate any
requirement for the Area Agencies On Aging (AAAs) to obtain a physi-
cian's order to provide non-medical support under EISEP funding.
SUMMARY OF PROVISIONS:
This legislation makes two changes to the Elder Law: (1) Modifying the
Expanded In-Home Services for the Elderly Program (EISEP) to eliminate
the cost share requirement for EISEP services, and (2) to eliminate any
requirement for the Area Agencies On Aging (AAAs) to obtain a physi-
cian's order to provide non-medical support under EISEP funding.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION ( IF APPLICABLE ):
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JUSTIFICATION:
The purpose of this bill is to empower local Area Agencies On Aging
(AAAs) to focus more on efficient and effective delivery of services by
doing two things: ending the de minimis cost sharing provisions for
EISEP Programs and ending the requirement that non-medical model home
care services be subject to a physician's order.
Remove Cost Share Requirements All other programs supported by the New
York State Office for the Aging are provided utilizing a voluntary
contribution model. There is extremely limited cost share that is
currently and historically obtained by the AAA network for EISEP
services, as the program is targeted for low-income individuals that
cannot afford to privately pay for the services. The total cost share
funding obtained by the requirement in 2023-2024 was less than $730,000,
and the requirement of the AAA to conduct the cost share analysis and
facilitate billing is significant. Voluntary contributions for programs
provided by the AAA far exceed the mandated cost share that is
collected, and it Is an undo burden to the AAA.
Remove Physician Orders The AAA network provides home care services
including personal care level 1 and personal care level 2. These
services are a non-medical model and are predominantly provided by
licensed home care providers. Although these services are non-medical,
because they are provided by licensed home care agencies that are over-
seen by DOH, many providers are requesting physician orders to provide
care. Medicaid does require a physician's order, and this should not be
applicable to the AAA network as our services area social model. The
requirement for AAA's to obtain physician orders Is cumbersome and
results In a delay of care for individuals needing services.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To Be Deciphered.
EFFECTIVE DATE:
90 Days.
STATE OF NEW YORK
________________________________________________________________________
7907
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on Aging
AN ACT to amend the elder law, in relation to the provision of expanded
non-medical in-home services, non-institutional respite services, case
management services, and ancillary services without a prescription or
physician's order; and to repeal certain provisions of such law relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (i) of subdivision 4 of section 214 of the elder
2 law is amended to read as follows:
3 (i) The director, within the amounts appropriated therefor and with
4 the approval of the director of the budget, may authorize a county which
5 has an approved home care plan for functionally impaired elderly to
6 provide expanded non-medical in-home services, non-institutional respite
7 services, case management services, and ancillary services pursuant to
8 such plan. Such services shall be limited to those services necessary to
9 meet otherwise unmet needs and which support such elderly persons'
10 continued residence in their homes. Needs will be determined pursuant to
11 a standardized evaluation of functional impairment, available resources
12 and such other relevant factors specified pursuant to regulations
13 promulgated by the director. Agencies providing expanded non-medical
14 in-home services, non-institutional respite services, case management
15 services, and ancillary services pursuant to such plan shall not need a
16 prescription or physician's order to provide such services. No expanded
17 non-medical in-home services, non-institutional respite services, or
18 ancillary services shall be provided to any individual pursuant to this
19 section unless such expanded non-medical in-home services, non-institu-
20 tional respite services, or ancillary services are accompanied by ongo-
21 ing case management services in accordance with regulations promulgated
22 by the director.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11452-01-5
A. 7907 2
1 § 2. Paragraph (k) of subdivision 4 of section 214 of the elder law is
2 REPEALED.
3 § 3. This act shall take effect on the ninetieth day after it shall
4 have become a law.
