Directs the department of health to conduct a statewide study on the support and administration needs of the consumer-directed personal care program; requires the results of such study be provided by December 31, 2024.
STATE OF NEW YORK
________________________________________________________________________
9723
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to direct the department of health to conduct a statewide study
on the support and administration needs of the consumer-directed
personal care program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative purpose. During the pandemic, New York's
2 seniors, and disabled individuals, particularly those residing in nurs-
3 ing homes and long-term care facilities, were at the greatest risk of
4 contracting and dying from the coronavirus. The families of these
5 vulnerable individuals were faced with the life and death decision of
6 allowing their loved ones to remain in a congregate facility where they
7 would have limited access to sufficient safety and care, or to bring
8 them home and provide all the care their loved ones required themselves.
9 The health and safety risks associated with living in a congregate
10 setting during the pandemic proved too great for many, resulting in
11 families opting to bring their aging and disabled family members home.
12 Keeping our most vulnerable in the home often required drastic changes
13 to long-term care plans and brought new challenges for families trying
14 to ensure the safety and health of their loved ones. Providing for these
15 family members at home often required finding assistance to adequately
16 care for these vulnerable individuals, resulting in an increased demand
17 for home care providers. New York has a well-documented shortage of home
18 care workforce, so families trying to find a caregiver whom they trust
19 to enter their home during this critical time to care for their at-risk
20 family member became highly challenging and at times impossible. As a
21 result, consumer-directed personal assistants, or family home care,
22 became the safety net provider for the state's most vulnerable popu-
23 lation. Having the ability to employ a trusted friend or family member
24 to provide the care needed for our most susceptible family members
25 became a critical resource for these populations.
26 Ensuring the health and safety of our seniors and disabled citizens by
27 allowing them to remain in their own homes must become a priority for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15095-01-2
A. 9723 2
1 the state as we reassess the delivery of long-term care. Maintaining and
2 responding to an increased need for consumer-directed home care services
3 is more crucial than ever before and requires a full assessment of the
4 program's needs, including the number of administrators, geographical
5 location, wages and reimbursements, and other supports needed to ensure
6 a continuity of care for all individuals being served.
7 § 2. The commissioner of health is hereby directed to prepare or have
8 prepared a study of the Consumer Directed Personal Care Program, author-
9 ized by section 365-f of the social services law, to assess the current
10 need and costs associated with and required to provide consumer-directed
11 services within the state, including, but not limited to, total current
12 and anticipated eligible Medicaid recipients; the appropriate number of
13 fiscal intermediaries required to ensure continuity of care and seamless
14 administration of this program for all participants statewide; the need
15 for procurement of fiscal intermediary services; and all evidence-based
16 criteria and scoring to be used during any procurement process, if
17 required.
18 § 3. The commissioner of health shall provide the study to the tempo-
19 rary president of the senate, the speaker of the assembly, and the
20 chairs of the senate and assembly health committees by December 31,
21 2024. Until such time, all changes to the program shall be suspended,
22 and, if necessary, a reissuance of the request for offers shall be
23 released one hundred eighty days after the study's release. The commis-
24 sioner shall also publish the study on the department of health's
25 website within thirty days of its transmittal to the legislature.
26 § 4. This act shall take effect immediately.
