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A06914 Summary:

Amd §206, Eld L
Relates to informal caregiver training; defines "person in need of assistance"; expands who may serve as an "informal caregiver".
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A06914 Actions:

04/13/2021referred to aging
04/27/2021reported referred to ways and means
01/05/2022referred to ways and means
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A06914 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the elder law, in relation to informal caregiver train- ing   PURPOSE OR GENERAL IDEA OF BILL: To encourage the development of training and supports for older adults who are caregivers for minors.   SUMMARY OF PROVISIONS: This bill would broaden the informal caregiver training program to include training and resources for older adults who are caregivers for minors. The term "frail or disabled person" has been replaced with "person in need of assistance".   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: Training for informal caregivers is crucial to ensuring their success. Often family members, these caregivers provide assistance worth billions of dollars every year. We want to support the ability of family members to care for family. There is a growing number of older adults who are caregivers themselves for children in their family due to a variety of circumstances. These individuals may themselves be in need of care, but also want to provide care and a loving home to the child in their charge.   PRIOR LEGISLATIVE HISTORY: A.6597-a in the 2019-2020 session.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately upon passage.
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A06914 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     April 13, 2021
        Introduced by M. of A. KIM -- read once and referred to the Committee on
        AN  ACT to amend the elder law, in relation to informal caregiver train-
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 206 of the elder law, subdivision 1 as amended by
     2  chapter 672 of the laws of 2019, subparagraph  4  of  paragraph  (a)  of
     3  subdivision 3 as added by chapter 269 of the laws of 2014, is amended to
     4  read as follows:
     5    § 206. Informal caregiver training.  1. The director is hereby author-
     6  ized  and directed, to the extent appropriations are available therefor,
     7  to develop, establish and  operate  training  and  technical  assistance
     8  programs,  including caregiver resource centers, caregiver networks, and
     9  other support activities, for informal caregivers throughout  the  state
    10  for  the purposes of assisting such caregivers and improving the quality
    11  of care provided [to frail and disabled  persons].  The  director  shall
    12  also  make  available  and  encourage  the  utilization of such training
    13  programs in consultation with the  commissioner  of  the  department  of
    14  health,  the commissioner of the office of children and family services,
    15  the commissioner of the office of mental health, and the commissioner of
    16  the office for people with developmental disabilities.
    17    2. Definitions. For the purposes of this section: (a) "Informal  care-
    18  giver" shall mean the family member or other natural person who normally
    19  provides [the] daily care or supervision [of a frail or disabled person]
    20  of a person in need of assistance, or any family member or other natural
    21  person  who contributes to and is involved in [the] caretaking responsi-
    22  bilities [for such frail or disabled person] for a  person  in  need  of
    23  assistance.  Such  informal  caregiver  may provide care for a person in
    24  need of assistance, but need not[,] reside in the same household as  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6914                             2
     1  [frail or disabled] person, or may be an older adult providing care to a
     2  minor relative in their home.
     3    (b) ["Frail or disabled person" shall mean any person who is unable to
     4  attend  to  his  or  her  daily  needs without the assistance or regular
     5  supervision of an informal caregiver due to mental or  physical  impair-
     6  ment.  Such definition shall not exclude persons under eighteen years of
     7  age who suffer from mental or physical impairment.] "Person in  need  of
     8  assistance"  shall  mean  any person who requires assistance with one or
     9  more activities of daily living  or  instrumental  activities  of  daily
    10  living.
    11    (c)  "Program"  shall  mean the program of informal caregiver training
    12  and technical assistance established by this section.
    13    (d) "Caregiver resource center" shall mean a project  funded  pursuant
    14  to this section which provides services and activities which are respon-
    15  sive  to  the  needs  and  contracts of informal caregivers in regard to
    16  their caregiving responsibilities.
    17    (e) "Caregiver networks" shall mean local  coalitions  which  develop,
    18  coordinate,   and  implement  action  plans  to  identify  and  mobilize
    19  resources to address the unmet needs of [frail and disabled] persons  in
    20  need of assistance and [their] informal caregivers.
    21    (f)  "Older  adult"  shall  mean any person aged sixty years of age or
    22  older.
    23    (g) "Minor" shall mean a person seventeen years of age or younger.
    24    3. (a) The duties of the  director  pursuant  to  this  section  shall
    25  include, but not be limited to:
    26    (1)  developing  and  [make] making available or [approve] approving a
    27  curriculum for informal caregiver training which considers and is easily
    28  adapted to an array of personal needs and  disabilities,  and  which  is
    29  sensitive to ethnic and community characteristics;
    30    (2)  providing technical assistance and training to appropriate organ-
    31  izations and groups, including caregiver resource centers and  caregiver
    32  networks,  which,  in  turn,  shall  provide  training and assistance to
    33  informal caregivers; [and]
    34    (3) providing grants to appropriate organizations and groups,  includ-
    35  ing  caregiver  resource  centers and caregiver networks, to develop and
    36  make available approved curricula for  informal  caregiver  training  as
    37  well as disseminate information regarding the curriculum[.]; and
    38    (4)  [develop]  developing guidelines for local area agencies on aging
    39  in order to provide the following:
    40    (i) information and assistance regarding gaining access  to  available
    41  services to assist informal caregivers;
    42    (ii)  resource  referrals  for informal caregivers regarding decision-
    43  making on behalf of the individual receiving care; and
    44    (iii) counseling referrals for informal caregivers.
    45    (b) Training and technical assistance shall include, but not be limit-
    46  ed to:
    47    (1) knowledge of major health  problems  and  diseases,  mental  [and]
    48  illness, physical disabilities, and the aging process;
    49    (2) practical skills required in providing personal care and support;
    50    (3)  stress  awareness  and  methods  of dealing with stress caused by
    51  providing care;
    52    (4) financial management; and
    53    (5) identification and utilization of available  resources,  including
    54  benefits, entitlements, and other programs and assistance.
    55    4. The director shall:

        A. 6914                             3
     1    (a)  Promulgate  any  rules and regulations necessary to carry out the
     2  provisions of this section.
     3    (b)  On  or before the first day of January every other year, submit a
     4  report to the governor, the temporary president of the  senate  and  the
     5  speaker of the assembly, which shall include, but not be limited to:
     6    (1) a financial report of the program's operation;
     7    (2)  a  profile  of persons or groups receiving training and technical
     8  assistance pursuant to this section; and
     9    (3) an analysis of the program's success in assisting  informal  care-
    10  givers and improving the quality of care provided by such persons.
    11    § 2. This act shall take effect immediately.
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