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A00239 Summary:

BILL NOA00239
 
SAME ASNo Same As
 
SPONSOREichenstein
 
COSPNSR
 
MLTSPNSR
 
Amd §365-f, Soc Serv L
 
Allows a person legally responsible for an eligible individual's care and support, an eligible individual's spouse or designated representative to be a personal assistant in a consumer directed personal assistance program where such person is the sole person responsible for the eligible individual's care and support.
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A00239 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           239
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
          Committee on Health
 
        AN ACT to amend  the  social  services  law,  in  relation  to  consumer
          directed personal assistance programs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 365-f of the social services  law,
     2  as amended by section 9 of part QQ of chapter 56 of the laws of 2020, is
     3  amended to read as follows:
     4    3.  Division  of  responsibilities.  Eligible individuals who elect to
     5  participate in the program assume the responsibility for services  under
     6  such  program  as  mutually  agreed  to  by  the eligible individual and
     7  provider and as documented in the eligible individual's record,  includ-
     8  ing,  but  not  limited  to,  recruiting,  hiring  and supervising their
     9  personal assistants. For the purposes of this section, personal  assist-
    10  ant shall mean an adult who has obtained an individual unique identifier
    11  from  the  state  by  or before a date determined by the commissioner of
    12  health in consultation with the Medicaid inspector general, and provides
    13  services under this section to the eligible individual under the  eligi-
    14  ble  individual's  instruction,  supervision  and direction or under the
    15  instruction, supervision and  direction  of  the  eligible  individual's
    16  designated  representative,  provided  that  [a  person] persons legally
    17  responsible for an eligible individual's care and support,  an  eligible
    18  individual's spouse or designated representative may not be the personal
    19  [assistant]  assistants  for the eligible individual unless such persons
    20  are the only persons responsible for the eligible individual's care  and
    21  support; however, a personal assistant may include any other adult rela-
    22  tive  of  the  eligible  individual, provided, however, that the program
    23  determines that the services provided by such  relative  are  consistent
    24  with  an  individual's plan of care and that the aggregate cost for such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00127-01-3

        A. 239                              2
 
     1  services does not exceed the aggregate  costs  for  equivalent  services
     2  provided  by a non-relative personal assistant. Any personal information
     3  submitted to obtain such unique identifier shall be maintained as confi-
     4  dential  pursuant to article six-A of the public officers law ("New York
     5  state privacy protection law"). Such individuals shall  be  assisted  as
     6  appropriate with service coverage, supervision, advocacy and management.
     7  Providers shall not be liable for fulfillment of responsibilities agreed
     8  to  be undertaken by the eligible individual. This subdivision, however,
     9  shall not diminish the participating provider's liability for failure to
    10  exercise reasonable care in properly carrying out  its  responsibilities
    11  under  this  program,  which  shall include monitoring such individual's
    12  continuing ability to fulfill those responsibilities documented  in  his
    13  or her records. Failure of the individual to carry out his or her agreed
    14  to  responsibilities  may be considered in determining such individual's
    15  continued appropriateness for the program.
    16    § 2. This act shall take effect immediately.
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