New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

S05712 Summary:

S05712 Actions:

S05712 Committee Votes:

S05712 Floor Votes:

S05712 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5712--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      May 29, 2015
                                       ___________
 
        Introduced  by  Sens.  FELDER, ROBACH -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        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.  Paragraph  (c)  of  subdivision 2 of section 365-f of the
     2  social services law, as added by chapter 81 of  the  laws  of  1995,  is
     3  amended to read as follows:
     4    (c)  has  been determined by the social services district, pursuant to
     5  an assessment of the person's appropriateness for the program, conducted
     6  with an appropriate long term home health care program, a certified home
     7  health agency, or an AIDS home care program or pursuant to the  personal
     8  care  program,  as  being  in need of home care services or private duty
     9  nursing and is able and willing  or  has  a  designated  representative,
    10  including a legal guardian able and willing to make informed choices, or
    11  [has  designated]  a  designated relative or other adult who is able and
    12  willing to assist in making informed choices, as to the type and quality
    13  of services, including but not limited to such services as nursing care,
    14  personal care, transportation and respite services; and
    15    § 2. Subdivision 3 of section 365-f of the  social  services  law,  as
    16  added by chapter 81 of the laws of 1995, is amended to read as follows:
    17    3.  Division  of  responsibilities.  Eligible individuals who elect to
    18  participate in the program assume the responsibility for services  under
    19  such  program  as  mutually  agreed  to  by  the eligible individual and
    20  provider and as documented in the eligible individual's record,  includ-
    21  ing,  but  not  limited  to,  recruiting,  hiring  and supervising their
    22  personal assistants. For the purposes of this section, personal  assist-
    23  ant  shall mean an adult who provides services under this section to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10867-05-5
        S. 5712--A                          2
 
     1  eligible individual under the eligible individual's instruction,  super-
     2  vision and direction or under the instruction, supervision and direction
     3  of  the eligible individual's designated representative, provided that a
     4  person  legally  responsible  for  an  eligible  individual's  care  and
     5  support, an eligible individual's spouse  or  designated  representative
     6  may  not be the personal assistant for the eligible individual; however,
     7  a personal assistant may include any other adult relative of the  eligi-
     8  ble  individual, provided, however, that the program determines that the
     9  services provided by such relative are consistent with  an  individual's
    10  plan  of  care  and  that  the aggregate cost for such services does not
    11  exceed the aggregate costs for equivalent services provided by a non-re-
    12  lative personal assistant.  Such individuals shall be assisted as appro-
    13  priate with service  coverage,  supervision,  advocacy  and  management.
    14  Providers shall not be liable for fulfillment of responsibilities agreed
    15  to  be undertaken by the eligible individual. This subdivision, however,
    16  shall not diminish the participating provider's liability for failure to
    17  exercise reasonable care in properly carrying out  its  responsibilities
    18  under  this  program,  which  shall include monitoring such individual's
    19  continuing ability to fulfill those responsibilities documented  in  his
    20  or her records. Failure of the individual to carry out his or her agreed
    21  to  responsibilities  may be considered in determining such individual's
    22  continued appropriateness for the program.
    23    § 3. This act shall take effect on the first of April next  succeeding
    24  the date on which it shall have become a law.