STATE OF NEW YORK
________________________________________________________________________
9008
IN SENATE
May 3, 2022
___________
Introduced by Sen. MAY -- (at request of the Office for Aging) -- 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 programs for the aging
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 12 of section 203 of the elder
2 law, as added by section 1 of part U of chapter 57 of the laws of 2019,
3 is amended to read as follows:
4 (a) The director is hereby authorized to implement private pay proto-
5 cols for programs and services administered by the office. These proto-
6 cols may be implemented by area agencies on aging at their option and
7 such protocols shall not be applied to services for a participant when
8 being paid for with federal funds or funds designated as federal match,
9 or for individuals with an income below [four] two hundred and fifty
10 percent of the federal poverty level. All private payments received
11 directly by an area agency on aging or indirectly by one of its contrac-
12 tors shall be used to supplement, not supplant, funds by state, federal,
13 or county appropriations. Such private pay payments shall be set at a
14 cost to the participant of not more than twenty percent above either the
15 unit cost to the area agency on aging to provide the program or service
16 directly, or the amount that the area agency on aging pays to its
17 contractor to provide the program or service. Private pay payments
18 received under this subdivision shall be used by the area agency on
19 aging to first reduce any unmet need for programs and services, and then
20 to support and enhance services or programs provided by the area agency
21 on aging. No participant, regardless of income, shall be required to pay
22 for any program or service that they are receiving at the time these
23 protocols are implemented by the area agency on aging. This subdivision
24 shall not prevent cost sharing for the programs and services established
25 pursuant to section two hundred fourteen of this title [for individuals
26 below four hundred percent of the federal poverty level]. Consistent
27 with federal and state statute and regulations, when providing programs
28 and services, area agencies on aging and their contractors shall contin-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13764-01-2
S. 9008 2
1 ue to give priority for programs and services to individuals with the
2 greatest economic or social needs. In the event that the capacity to
3 provide programs and services is limited, such programs and services
4 shall be provided to individuals with incomes below [four] two hundred
5 and fifty percent of the federal poverty level before such programs and
6 services are provided to those participating in the private pay protocol
7 pursuant to this subdivision.
8 § 2. This act shall take effect immediately.
