S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2790

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  DINOWITZ, ENGLEBRIGHT, J. RIVERA, EDDINGTON,
  PAULIN, JAFFEE -- Multi-Sponsored  by  --  M.  of  A.  ALFANO,  FINCH,
  MAISEL,  McENENY,  SWEENEY,  WALKER  --  read once and referred to the
  Committee on Aging

AN ACT to amend the elder law, in relation to consumer directed personal
  assistance services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  214  of the elder law is amended by adding a new
subdivision 8 to read as follows:
  8. CONSUMER DIRECTED PERSONAL ASSISTANCE  SERVICE  PROVIDER.  (A)  ANY
OTHER  PROVISION  OF  ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE
OFFICE SHALL BE DEEMED A PARTICIPATING  PROVIDER  FOR  THE  PURPOSES  OF
PROVIDING  CONSUMER  DIRECTED  PERSONAL  ASSISTANCE SERVICES PURSUANT TO
SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL  SERVICES  LAW,  EXCEPT
THAT  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF SUCH SECTION THREE
HUNDRED SIXTY-FIVE-F, THE TERM "ELIGIBLE INDIVIDUAL"  AS  USED  IN  SUCH
SECTION  SHALL  MEAN,  FOR  SERVICES  PROVIDED  BY OR THROUGH THE OFFICE
PURSUANT TO THIS SECTION, AN INDIVIDUAL AGED SIXTY OR  OLDER  WHO  MEETS
THE  CRITERIA ESTABLISHED UNDER PARAGRAPH (A), (B) OR (C) OF SUBDIVISION
TWO OF SUCH SECTION THREE HUNDRED SIXTY-FIVE-F, AND  THE  TERM  "PARTIC-
IPATING  PROVIDER"  AS  USED  IN SUCH SECTION, SHALL WHEN APPLIED TO THE
OFFICE PURSUANT TO  THIS  SECTION  MEAN  AND  INCLUDE  THE  OFFICE,  ITS
CONTRACTORS,  AND  ANY  INTERMEDIARY  SERVICE  ORGANIZATION, WHETHER THE
RESPONSIBILITIES OF SUCH ORGANIZATION ARE PROVIDED BY THE OFFICE  OR  BY
AN  ENTITY  OR ENTITIES CONTRACTED TO PERFORM SUCH RESPONSIBILITIES WITH
THE OFFICE AND/OR ITS CONTRACTORS, IN THE FOLLOWING MODELS OR ANY COMBI-
NATION THEREOF.  THE OFFICE SHALL DEVELOP A PARTICIPATING PROVIDER MODEL
OR MODELS FOR THE PROVISION OF SERVICE WHICH ALLOW FOR A FULL  RANGE  OF
FISCAL,  SUPPORTIVE AND INTERMEDIARY SERVICES TO BE MADE AVAILABLE TO AN
ELIGIBLE INDIVIDUAL IN A MANNER THAT CREATES A  SEAMLESS  FINANCING  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03232-01-9
              

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SERVICE  DELIVERY  SYSTEM. SERVICES TO BE PROVIDED SHALL INCLUDE BUT ARE
NOT LIMITED TO SERVICE ASSESSMENT AND/OR  CASE  MANAGEMENT  AND  SERVICE
MONITORING;  PEER  COUNSELING AND SUPPORT; ACCESS TO EMPLOYER MANAGEMENT
SKILLS  TRAINING;  ACCESS  TO  TECHNICAL SKILLS TRAINING FOR ATTENDANTS;
ACCESS TO TRAINING REGARDING EMPLOYER-RELATED FISCAL SKILLS;  ACCESS  TO
CRIMINAL  AND CERTIFICATION (E.G., NURSE AID REGISTRY) CHECKS; ACCESS TO
AN  ATTENDANT  REGISTRY;  AND  ACCESS  TO  EMERGENCY/BACK-UP   ATTENDANT
SERVICES.  THE  OFFICE  OR  AN  AGENCY CONTRACTED TO IT MAY SERVE AS THE
EMPLOYER OF RECORD OF AN ATTENDANT, WITH THE ELIGIBLE INDIVIDUAL AS  THE
MANAGING  EMPLOYER,  AND  MAY  ALLOW THE ELIGIBLE INDIVIDUAL TO RECRUIT,
TRAIN, SUPERVISE AND DISCHARGE HIS OR HER OWN ATTENDANT WHILE THE AGENCY
ACTS AS FISCAL AGENT AND RESOURCE FOR SUPPORTIVE ASSISTANCE, AS  NEEDED.
THE  MODEL  OR  MODELS  MAY  ALSO PROVIDE FOR PARTICIPATING PROVIDERS TO
ADMINISTER AND DISBURSE CASH GRANT OR VOUCHER PROGRAMS ALLOWING ELIGIBLE
INDIVIDUALS TO RECEIVE FUNDS INCLUDING PUBLIC FUNDS AND  PAY  ATTENDANTS
DIRECTLY,  AND  PERFORM OTHER RELATED ADMINISTRATIVE TASKS INCLUDING BUT
NOT LIMITED TO THE COLLECTION AND VERIFICATION OF ATTENDANTS  TIMESHEETS
AND  THE  SUBMISSION OF INVOICES NECESSARY TO OBTAIN FUNDS FOR DISBURSE-
MENT. OTHER SERVICES WHICH MAY BE PROVIDED  INCLUDE  BUT  SHALL  NOT  BE
LIMITED  TO  CONDUCTING  SELF-DIRECTION EVALUATIONS OF ELIGIBLE INDIVID-
UALS, PROVIDING EMPLOYER SKILLS AND  SELF-ADVOCACY  TRAINING,  ASSISTING
ELIGIBLE  INDIVIDUALS  WITH  THE  RECRUITMENT,  SCREENING  AND HIRING OF
ATTENDANTS INCLUDING CONDUCTING BACKGROUND  CHECKS  AND  MAINTAINING  AN
ATTENDANT REGISTRY, AND ARRANGING FOR EMERGENCY/BACK-UP ATTENDANT STAFF,
DETERMINING  AND  REASSESSING  ELIGIBLE  INDIVIDUALS  SERVICE NEEDS, AND
PROVIDING OR ARRANGING FOR TRAINING OPPORTUNITIES FOR  ATTENDANTS.  SUCH
SUPPORTIVE  SERVICES  MAY  ALSO INCLUDE THE PROVISION OF CASE MANAGEMENT
AND MONITORING THE QUALITY OF SERVICES PROVIDED AND ELIGIBLE  INDIVIDUAL
AND  ATTENDANT  SATISFACTION.  THE OFFICE MAY INCLUDE IN DEVELOPING SUCH
MODEL OR MODELS ANY COUNTY OR COUNTY AGENCY FOR THE AGING WITH WHICH  IT
SHALL  PARTNER  OR  CONTRACT  AND WHICH IS APPROVED PURSUANT TO INTERNAL
REVENUE SERVICE REVENUE PROCEDURE 80-4 OR REVENUE PROCEDURE 70-6 OR  ANY
SUCCESSOR  THERETO  TO BE THE EMPLOYER AGENT ON BEHALF OF ELIGIBLE INDI-
VIDUALS OR TO ACT AS THE ELIGIBLE INDIVIDUAL'S FISCAL  INTERMEDIARY  FOR
CERTAIN APPROVED SERVICES.
  (B)  THE  OFFICE  SHALL  FILE  OR CAUSE TO BE FILED WITHIN ONE HUNDRED
TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION AN APPLICATION FOR
A FEDERAL WAIVER PURSUANT TO SECTION 1115 OF THE SOCIAL SECURITY ACT  OR
ANY  SUCCESSOR  THERETO,  AND EVERY STATE AGENCY IS HEREBY EMPOWERED AND
DIRECTED TO COOPERATE WITH THE OFFICE AND TO COMPLY WITH ANY REQUEST FOR
THE FILING OF SUCH WAIVER IF THE OFFICE SHALL LACK POWER  AND  AUTHORITY
TO FILE SUCH WAIVER ITSELF. IN MAKING SUCH APPLICATION FOR FEDERAL WAIV-
ER,  THE  OFFICE SHALL SEEK TO INCLUDE AND PROVIDE A SEAMLESS NETWORK OF
OTHER SERVICES PROVIDED THROUGH THE OFFICE WHERE APPROPRIATE.  IN FILING
SUCH WAIVER FOR THE OPERATION OF THE PROGRAM, THE OFFICE SHALL  SEEK  TO
PROVIDE  SERVICES  PURSUANT  TO  THE PRINCIPLE THAT INDIVIDUALS HAVE THE
PRIMARY AUTHORITY TO MAKE CHOICES THAT WORK BEST FOR THEM, REGARDLESS OF
THE NATURE OR EXTENT OF THEIR DISABILITY OR THE SOURCE  OF  PAYMENT  FOR
SERVICES.  SERVICES  PROVIDED PURSUANT TO THIS SECTION BY OR THROUGH THE
OFFICE SHALL OBSERVE THE FOLLOWING OBJECTIVES AND ASSUMPTIONS:
  (1) THAT ELIGIBLE INDIVIDUALS ARE THE EXPERTS ON THEIR SERVICE NEEDS;
  (2) THAT DIFFERENT TYPES  OF  SERVICES  WARRANT  DIFFERENT  LEVELS  OF
PROFESSIONAL INVOLVEMENT;
  (3)  THAT CHOICE AND CONTROL CAN BE INTRODUCED INTO ALL SERVICE DELIV-
ERY ENVIRONMENTS;

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  (4) THAT SERVICES THAT SUPPORT THE DIGNITY OF PEOPLE CAN BE LESS COST-
LY WHEN PROPERLY DESIGNED; AND
  (5) THAT THE PROGRAM SHALL BE AVAILABLE TO ALL PERSONS OVER THE AGE OF
SIXTY  WHO  MEET ELIGIBILITY REQUIREMENTS, REGARDLESS OF PAYER OR SOURCE
OF PAYMENT.
  (C) IN DESIGNING THE PROGRAM AND PROVIDING  SERVICES,  THE  OFFICE  IS
AUTHORIZED TO WAIVE ANY PROVISION OF SECTION THREE HUNDRED SIXTY-SEVEN-B
OF THE SOCIAL SERVICES LAW, OR ANY RULE OR REGULATION PROMULGATED PURSU-
ANT  TO  SECTION  THREE  HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW
WHICH IN THE JUDGMENT OF THE OFFICE RESTRICTS  ITS  ABILITY  TO  PROVIDE
SERVICES  AS  REQUIRED  BY  THIS  SUBDIVISION, SO LONG AS SUCH WAIVER IS
CONSISTENT WITH ANY FEDERAL WAIVER GRANTED PURSUANT TO SECTION  1115  OF
THE SOCIAL SECURITY ACT OR ANY SUCCESSOR THERETO.
  (D) THE OFFICE SHALL SEEK TO EXPAND SOURCE OF PAYMENT FOR THE PROGRAM,
INCLUDING PAYMENTS FROM VOLUNTARY AND WILLING PRIVATE SOURCES, INSURANCE
PLANS, CHARITIES AND FOUNDATIONS AND INDIVIDUALS.
  (E)  THE  OFFICE  IS  HEREBY  EMPOWERED TO PROVIDE OR CONTRACT FOR THE
PROVISION OF SUCH CONSUMER DIRECTED SERVICES IN ANY  COUNTY  WITHIN  THE
STATE.  THE  OFFICE  SHALL  SEEK TO COORDINATE SERVICES WITH ANY CURRENT
PROVIDER OF CONSUMER DIRECTED SERVICES. NO STATE AGENCY SHALL  IMPOSE  A
LIMITATION ON THE NUMBER OF ELIGIBLE INDIVIDUALS SERVED BY THIS PROGRAM.
  (F)  THE OFFICE SHALL NOT BE SUBJECT TO AUDIT, ASSESSMENT, SUSPENSION,
SANCTION, OR REPORT BY A STATE AGENCY FOR A PROGRAM  CONDUCTED  PURSUANT
TO THE AUTHORITY OF THIS SUBDIVISION, EXCEPT THAT IT SHALL BE SUBJECT TO
AUDIT  BY  THE  OFFICE  OF THE STATE COMPTROLLER TO THE EXTENT THAT SUCH
PROGRAMS WOULD HAVE BEEN SUBJECT TO AUDIT BUT FOR THIS PARAGRAPH.
  S 2. This act shall take effect immediately.