NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7532A
SPONSOR: Morelle (MS) TITLE OF BILL: An act to amend the social services law, in relation
to consumer directed personal assistance programs
PURPOSE:
To amend the Consumer Directed Personal Assistance Program to provide
that a compensated personal assistant may include members of the family
of the eligible individual with the exception of a person legally
responsible for an eligible individual's care and support, an eligible
individual's spouse or a designated representative.
SUMMARY OF PROVISIONS:
Section one of the bill amends paragraph (c) of subdivision 2 of section
365-f of the social services law by adding language that clarifies who
may qualify as the "designated representative" for an individual eligi-
ble (eligible individual) to participate in the program.
Section 2 of the bill amends subdivision 3 of section 365-f to provide
that a "personal assistant" shall mean an adult who provides services to
an eligible individual under the eligible individual's instruction,
supervision and direction or under the instruction, supervision and
direction of the eligible individual's designated representative and may
include any adult relative of the eligible individual, other than a
person legally responsible for the care and support of the eligible
individual, an eligible individual's spouse or designated represen-
tative. It also provides that the services provided by such a relative
must be consistent with the individual's plan of care and that the
aggregate cost of such services will not exceed the aggregate costs for
equivalent services provided by a non-relative personal assistant.
Section 3 provides the act shall take effect on the first day of April
next succeeding the date on which it shall become law.
JUSTIFICATION:
The Consumer Directed Personal Assistance Program (CDPAP) is intended to
provide chronically ill and physically disabled individuals receiving
home care services under the medical assistance program (eligible indi-
viduals) with greater flexibility and freedom of choice in obtaining
these services. The eligible individuals or his or her delegated repre-
sentatives is permitted to self-direct some or all personal care
services, home health aide services and skilled nursing tasks pursuant
to an approved plan of care.
They may also select a personal assistant. Under current regulations, a
personal assistant is an adult, including a family member other an
eligible individual's spouse, parent or designated representative, who
provides consumer directed personal assistance to an eligible individ-
ual. The personal assistant is compensated for these services. See
Department of Social Services Regulations (18 NYCRR) § 505.28 (b)
There are many parents with children eligible to participate in the
consumer directed personal assistance program. In many instances, these
eligible individuals reside with their parents or one of their parents
even after they reach adulthood. They are often in need of significant
care and supervision. These parents often confront a significant dilem-
ma. In an effort to maintain a home for the eligible individual and for
themselves, they must work outside the home and depend on the services
of a personal assistance to provide the eligible individual's needs.
Ironically, the personal assistant could be another family member
compensated through the CDPAP.
Juggling outside employment and personal care of an eligible individual
can be challenging. If a personal assistant is unavailable, the parent
must take time away from work. If this happens regularly it can place
the parent's employment in jeopardy.
Sarah B. is a 32 year old with CHARGE, a complex syndrome involving
extensive medical and physical defects. Sarah lives with her parents.
Her mother is her principal caregiver. Unfortunately, Sarah's mother
must work outside the home and her father is not in a position to
provide personal care. Sarah is eligible to participate in CDPAP.
Arrangements have been made for personal assistants to provide care for
Sarah in her mother's absence. Unfortunately, the personal assistants
have not always been dependable and Sarah's needs have become more
significant. Her mother is forced to take time away from her job to care
for Sarah. Repeated absences are creating workplace tension. If Sarah's
mother could be compensated through CDPAP for providing personal assist-
ance for Sarah, she could leave her current employment and provide Sarah
with more reliable care and at a cost that would not exceed the cost of
other personal assistants.
Sarah B. is not the only CDPAP eligible individual with a family facing
a similar dilemma.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
It is estimated that this bill will not increase the number of personal
assistants receiving compensation under CDPAP, but will shift some
payments from third party providers to parent providers. The bill is
cost neutral.
EFFECTIVE DATE:
This act shall take effect on the first day of April next succeeding the
date on which it shall have become law.
