Makes technical changes with respect to the activities of the office for the aging to include more detailed activities concerning informing the aged of opportunities, rights and entitlements; requires a detailed report of their activities to the governor, temporary president of the senate, and speaker of the assembly.
STATE OF NEW YORK
________________________________________________________________________
2077
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law, in relation to making technical
corrections with respect to the activities of the office for the aging
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 4 and 5 of section 201 of the elder law are
2 amended to read as follows:
3 4. [In carrying out its powers and duties under this title, the office
4 is organized and operated to have as a primary purpose informing and
5 instructing the public, especially the elderly themselves, on subjects
6 beneficial to the community which relate to the needs, abilities,
7 resources, opportunities, rights, entitlements, and other issues affect-
8 ing older people in New York state.
9 5.] For the purposes of this chapter, "office" shall refer to the
10 state office for the aging created pursuant to this section, and "direc-
11 tor" shall refer to the director of the state office for the aging
12 established by this section.
13 § 2. Section 202 of the elder law, subdivisions 11, 12 and 13 as
14 amended and subdivision 14 as added by section 24-d of part B of chapter
15 58 of the laws of 2007 and paragraph (a) of subdivision 14 as amended by
16 chapter 319 of the laws of 2010, is amended to read as follows:
17 § 202. General powers and duties of office. In carrying out its powers
18 and duties under this article, the office shall be organized and oper-
19 ated to have as a primary purpose informing and instructing the public,
20 especially the elderly themselves, on subjects beneficial to the commu-
21 nity which relate to the needs, abilities, resources, opportunities,
22 rights, entitlements, and other issues affecting older people in New
23 York state. The office shall have the following powers and duties:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06424-01-1
S. 2077 2
1 1. to advise and assist the governor and the legislature in developing
2 policies designed to help meet the needs of the aging and to encourage
3 the full participation of the aging in society;
4 2. [to coordinate state programs and activities relating to the aging;
5 3. to stimulate community interest in the problems of the aging;
6 4.] to be primarily responsible for the coordination of all state
7 activities related to the purpose of this article;
8 3. to promote public awareness of resources available for the aging,
9 and to refer the public to the appropriate departments and agencies of
10 the state and federal governments for advice, assistance and available
11 services in connection with particular problems;
12 [5.] 4. to establish an educational and public information program to
13 foster public understanding of the problems and opportunities of the
14 aging; provide information on programs available to assist the aging;
15 5. to cooperate with and assist political subdivisions of the state in
16 the development of local programs for the aging;
17 6. to consult and cooperate with universities, colleges and insti-
18 tutions in the state for the development of courses of study for persons
19 engaged in public and private programs for the aging;
20 7. to make such studies of needs of the aging as the director may deem
21 appropriate or as may be requested by the governor;
22 8. to foster and support studies, research and education relating to
23 problems of and services for the aging;
24 9. to serve as a clearinghouse for information relating to the needs
25 of the aging;
26 10. to sponsor conferences relating to problems of and services for
27 the aging;
28 11. to enter into contracts, within the amount available by appropri-
29 ation therefor, with individuals, organizations and institutions, in the
30 exercise of any of its powers or the performance of any of its duties;
31 12. to make recommendations to the governor for the presentation of an
32 annual award to a senior citizen for outstanding and unusual contrib-
33 ution to his or her community;
34 13. to conduct a program of education and information on age discrimi-
35 nation and the preparation and filing of complaints relating to persons
36 sixty years of age or older; [and]
37 14. to, in cooperation with the department of state:
38 (a) prepare or cause to be prepared and made available to cities,
39 towns and villages model zoning and planning guidelines that foster
40 age-integrated communities including provisions to allow for accessory
41 senior citizen units in areas zoned for single family residences and for
42 mixed-use development accommodating senior citizen residential housing;
43 and
44 (b) make recommendations, in consultation with the division of housing
45 and community renewal, to the governor and legislature for assisting
46 mixed-use age-integrated housing development or redevelopment demon-
47 stration projects in urban, suburban and rural areas of the state. The
48 director of the office for the aging and secretary of state shall estab-
49 lish an advisory committee for purposes of this subdivision. Such
50 committee shall include, but not be limited to, top representatives of
51 local government, senior citizen organizations, developers, senior
52 service providers and planners[.];
53 15. to establish, evaluate and improve opportunities for the aging to
54 provide volunteer services;
55 16. to provide opportunities for designated agencies as defined pursu-
56 ant to paragraph (a) of subdivision one of section two hundred fourteen
S. 2077 3
1 of this article, and the aging themselves, to express their views on
2 policy development and program implementation.
3 § 3. Paragraph (f) of subdivision 2 of section 203 of the elder law is
4 amended to read as follows:
5 (f) [retired senior] volunteer programs provided by older persons.
6 § 4. Section 213 of the elder law, subdivision 4 as added and subdivi-
7 sion 5 as amended by chapter 640 of the laws of 2004 and paragraph (i)
8 of subdivision 4 as amended by chapter 95 of the laws of 2005, is
9 amended to read as follows:
10 § 213. Reports. 1. The office shall [from time to time report to the
11 governor, and shall make an annual report to the governor and legisla-
12 ture] develop a triennial state plan on aging with yearly updates
13 regarding the priority needs of the aging, as well as recommendations
14 for future action. The plan will take into consideration the various
15 regional, county and local community needs and resources as stipulated
16 in county reports pursuant to subdivision two of section two hundred
17 fourteen of this article.
18 2. The office shall from time to time report on priority, critical, or
19 long-range preventative issues relating to the aging.
20 3. The office shall submit an annual report to the governor, the
21 temporary president of the senate and the speaker of the assembly by
22 January thirty-first, of each year.
23 [2.] 4. Such annual report shall:
24 (a) Describe the progress, problems and other matters related to the
25 provision of services to older persons by programs administered by the
26 office including, but not limited to the federal older Americans act of
27 1965, the community services for the aging program and the recreation
28 program for the elderly and detail the action of the office in imple-
29 menting the triennial plan;
30 (b) Assess the effectiveness of the community services for aging
31 program pursuant to section two hundred fourteen of this title in coor-
32 dinating and improving the local delivery of services to the elderly;
33 [and]
34 (c) Include recommendation for expanding or replicating service
35 programs that have been determined effective in helping needy elderly
36 remain in the community and to avoid institutional care; and
37 (d) Evaluate the impact of a growing senior population on the economy
38 and human services resources of the state.
39 [3.] 5. Such annual report shall also present in quantitative, as well
40 as in qualitative, terms, a report on the quality of life of the aged in
41 our state, including but not limited to:
42 [(a) A report on the impact of inflation on the aged.
43 (b) A report on mortality trends in the upper age brackets, including
44 chronic disease trends among older persons.
45 (c) A report on crime trends impacting on the aged.
46 (d) A report on the numbers of elderly living in substandard housing,
47 numbers of new housing facilities for the aged in public, non-profit or
48 limited profit housing.
49 (e) A report on coverage of the aged in the state by various public
50 social security programs, pension plans, private retirement plans, and
51 assistance programs.
52 (f) A report on unemployment and employment of older persons, includ-
53 ing prevalence of age discrimination in the labor market and efforts to
54 provide education, information, and recommendations for legislation,
55 trends toward early or later retirement, duration of unemployment by age
56 groupings, self-employment and partial employment of older persons.
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1 (g) A report on the hot meal program within the state, including costs
2 per meal, number of aged served, as well as a report on the meals-on-
3 wheels program.
4 (h) A report on the recreational services for the aged, including
5 numbers of senior centers and clubs, membership and programming
6 provided.
7 (i) A report on the extent to which the aged are provided adult educa-
8 tion courses in public schools or are attending college courses.
9 (j) A report on institutionalization of aged, including trends in
10 mental hospitals, skilled nursing homes, health related facilities,
11 adult homes, including length of stay, costs, occupancy rates, extent to
12 which local communities are providing care for institutionally released
13 aged.]
14 (a) A report on state support strategies and services for assisting
15 informal caregivers.
16 (b) A report on the availability, type, accessibility and affordabili-
17 ty of housing for the elderly including retirement communities and
18 options to conventional housing.
19 (c) A report on coverage of the aged in the state by various public
20 social security programs, private and public pension plans, and assist-
21 ance programs.
22 (d) A report on unemployment and employment of older persons, includ-
23 ing prevalence of age discrimination in the labor market, trends toward
24 early or later retirement, duration of unemployment by age groupings,
25 self-employment and partial employment of older persons.
26 (e) A report on trends in economic status for the aging.
27 (f) A report on nutritional programs for the elderly, including the
28 home delivered and congregate meals programs.
29 (g) A report on the social and educational opportunities afforded the
30 aging in this state including numbers of senior centers and clubs,
31 membership and programming provided.
32 (h) A report on the technical assistance offered by the office includ-
33 ing the promotion of self-help groups among the elderly.
34 (i) A report on home and community health and social services for the
35 aging which assist older persons to live independently in a home envi-
36 ronment.
37 (j) A report on mortality trends in the upper age brackets, including
38 chronic disease trends among older persons.
39 (k) A report on institutionalization of aged, including trends in
40 mental hospitals, skilled nursing homes, health related facilities,
41 adult homes, including length of stay, costs, occupancy rates, extent to
42 which local communities are providing care for institutionally released
43 aged.
44 (l) A report on crime trends impacting on the aged.
45 [4.] 6. The legislature hereby declares that, as a matter of state
46 policy, caring services and programs for seniors should be shaped by the
47 principles of strengthening independence, affirming dignity, and maxi-
48 mizing choice, and a recognition that seniors and their families and
49 intimates provide a vast potential source of social, cultural, historic,
50 and spiritual enrichment and leadership.
51 The office shall enunciate these principles in the form of a bill of
52 rights for seniors, and shall, in addition to any other report required
53 by this section, report annually, not later than June first of each
54 year, on the progress being made in their advancement by state agencies
55 and local governments in the development and operation of programs for
S. 2077 5
1 seniors. Such report shall discuss progress in the following principles
2 with respect to programs for seniors:
3 (a) Seniors needing long term care in an institution or in an appro-
4 priate community-based alternative should be able to obtain such care at
5 an affordable cost in a timely manner from reliable and responsible
6 providers who can provide choices that meet the preferences of these
7 seniors, and who have the capacity to provide a smooth transition to
8 other forms of long term care when appropriate. Such programs should,
9 whenever possible, provide a continuum of quality health care, either
10 within a single institution, or through a consortium of providers.
11 (b) Public policy should affirm seniors' desire to maintain a high
12 quality of life by living with dignity in their own communities, by
13 supporting the efforts of informal caregivers such as family, friends
14 and neighbors who provide eighty percent of all personal care and
15 assistance to seniors.
16 (c) A goal of policy and programs in New York should be to help
17 seniors obtain or maintain affordable and secure housing that allows
18 them to age in place in their own communities with supportive assistance
19 and access to health related services in a manner that ameliorates prob-
20 lems of income, changes in family structure, health, threats to personal
21 safety, and architectural and structural inadequacies.
22 (d) Programs intended to offset excessive health care and prescription
23 drug costs for seniors, and to make health care, particularly wellness
24 and prevention programs, more affordable, should be designed to expand
25 choice and promote ease of access for seniors rather than to simply
26 provide ease of management and control for bureaucrats and program
27 managers.
28 (e) State and local policies and program guidelines should support the
29 most creative and flexible approaches to providing care for seniors, so
30 as to promote and sustain the autonomy and mobility of seniors, and to
31 tap their potential to enrich their communities.
32 (f) Seniors should be able to continue their productive lives in the
33 community of New York without fear of discrimination based on age, and
34 public policy should seek means of increasing opportunities for contrib-
35 ution from these respected members of our community by supporting and
36 encouraging a healthy social environment that enables seniors to contin-
37 ue their productive lives if they wish, that affirms and encourages
38 their ability to achieve financial security, and that works to preserve
39 their dignity, safety, and independence.
40 (g) Public programs should promote personal security for seniors,
41 encourage personal responsibility of their families and intimates, and
42 recognize and build on the interdependence of all generations and the
43 diversity of our population.
44 (h) Public investment in programs providing health care and other
45 social help for seniors should be provided at a level which supports
46 public mandates with respect to these programs.
47 (i) No declaratory relief, injunctive remedy or monetary liability
48 against the state of New York or any political subdivision thereof, or
49 any public or private entity, domiciled or doing business in the state
50 of New York, or any employee or officer thereof, shall be created or
51 granted based upon the principles set forth in this subdivision, or upon
52 the enunciation of said principles to be made by the office pursuant
53 thereto. No claim for contribution or indemnification shall be created
54 based upon this subdivision. No assignment of claim shall be prosecuted
55 based upon this subdivision.
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1 (j) Existing powers of the office for the aging shall not be changed
2 by this subdivision.
3 [5.] 7. Every state department, bureau, or agency or office shall
4 cooperate to the fullest extent possible in providing such data as the
5 office may need to assemble such reports, including recommendations by
6 the director to the governor and legislature.
7 § 5. This act shall take effect immediately.
