Expands which individuals qualify to be an individual's personal assistant for the purposes of consumer directed personal assistance programs to include an eligible individual's attorney-in-fact, health care proxy, or legal guardian.
STATE OF NEW YORK
________________________________________________________________________
1408
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to expanding which
individuals qualify to be an individual's personal assistant for the
purposes of 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 legally responsible
17 for an eligible individual's care and support,] parent of an eligible
18 individual who has not reached the age of eighteen years or an eligible
19 individual's spouse or designated representative may not be the personal
20 assistant for the eligible individual [; however, a]. A personal assist-
21 ant may include any other adult, including any other adult relative,
22 attorney-in-fact, health care proxy, or legal guardian of the eligible
23 individual, provided, however, that the program determines that the
24 services provided by such relative are consistent with an individual's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02086-01-5
A. 1408 2
1 plan of care and that the aggregate cost for such services does not
2 exceed the aggregate costs for equivalent services provided by a non-re-
3 lative personal assistant. Any personal information submitted to obtain
4 such unique identifier shall be maintained as confidential pursuant to
5 article six-A of the public officers law ("New York state privacy
6 protection law"). Such individuals shall be assisted as appropriate with
7 service coverage, supervision, advocacy and management. Providers shall
8 not be liable for fulfillment of responsibilities agreed to be undertak-
9 en by the eligible individual. This subdivision, however, shall not
10 diminish the participating provider's liability for failure to exercise
11 reasonable care in properly carrying out its responsibilities under this
12 program, which shall include monitoring such individual's continuing
13 ability to fulfill those responsibilities documented in [his or her]
14 their records. Failure of the individual to carry out his or her agreed
15 to responsibilities may be considered in determining such individual's
16 continued appropriateness for the program.
17 § 2. The commissioner of health is authorized and directed to seek
18 additional federal funding to maximize federal financial participation
19 with respect to the consumer directed personal assistance program and to
20 seek such other federal approvals as applicable.
21 § 3. This act shall take effect immediately.
