Allows a person legally responsible for an eligible individual's care and support, an eligible individual's spouse or designated representative to be a personal assistant in a consumer directed personal assistance program where such person is the sole person responsible for the eligible individual's care and support.
STATE OF NEW YORK
________________________________________________________________________
239
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to 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] persons legally
17 responsible for an eligible individual's care and support, an eligible
18 individual's spouse or designated representative may not be the personal
19 [assistant] assistants for the eligible individual unless such persons
20 are the only persons responsible for the eligible individual's care and
21 support; however, a personal assistant may include any other adult rela-
22 tive of the eligible individual, provided, however, that the program
23 determines that the services provided by such relative are consistent
24 with an individual's plan of care and that the aggregate cost for such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00127-01-3
A. 239 2
1 services does not exceed the aggregate costs for equivalent services
2 provided by a non-relative personal assistant. Any personal information
3 submitted to obtain such unique identifier shall be maintained as confi-
4 dential pursuant to article six-A of the public officers law ("New York
5 state privacy protection law"). Such individuals shall be assisted as
6 appropriate with service coverage, supervision, advocacy and management.
7 Providers shall not be liable for fulfillment of responsibilities agreed
8 to be undertaken by the eligible individual. This subdivision, however,
9 shall not diminish the participating provider's liability for failure to
10 exercise reasonable care in properly carrying out its responsibilities
11 under this program, which shall include monitoring such individual's
12 continuing ability to fulfill those responsibilities documented in his
13 or her records. Failure of the individual to carry out his or her agreed
14 to responsibilities may be considered in determining such individual's
15 continued appropriateness for the program.
16 § 2. This act shall take effect immediately.