S T A T E   O F   N E W   Y O R K
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                                 2584--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 24, 2009
                               ___________

Introduced  by  Sens.  GOLDEN, BONACIC, DeFRANCISCO, HANNON, O. JOHNSON,
  LANZA, LARKIN, MAZIARZ, MORAHAN, PADAVAN, VOLKER  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Aging -- recommitted to the Committee  on  Aging  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the elder law, in relation  to  state  aid  for  certain
  non-medical services to the elderly

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

  Section 1. Paragraph (j) of subdivision 4 of section 214 of the  elder
law is amended to read as follows:
  (j)  Within  the amounts appropriated therefor, counties authorized to
provide expanded non-medical in-home services, non-institutional respite
services, case management services, and ancillary services  pursuant  to
paragraph (i) of this subdivision shall be eligible for reimbursement by
the  state  of  up to seventy-five percent of allowable expenditures for
approved services pursuant to this section up to the level authorized by
the director.  The  director  shall  not  authorize  a  level  of  state
reimbursement  pursuant to this paragraph which exceeds the sum of nine-
ty-one thousand two hundred fifty dollars or seven dollars thirty  cents
for  each  elderly  person residing in the county, whichever is greater,
and shall proportionately reduce such sum for each county in  any  years
for  which  appropriations  are  not  sufficient  to fully fund approved
expanded  non-medical  in-home   services,   non-institutional   respite
services,  case  management  services,  and ancillary services for func-
tionally impaired elderly in all counties with approved home care plans;
provided however that in state fiscal years beginning on  or  after  the
first  day  of April, two thousand five, the director, with the approval
of the director of the budget, may authorize state  reimbursement  ON  A
PROPORTIONAL  BASIS  in  excess  of these levels to the extent appropri-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08175-02-0
              

S. 2584--A                          2

ations are available therefor.  THE LEVEL OF STATE REIMBURSEMENT  PURSU-
ANT  TO  THIS  PARAGRAPH  WHICH THE DIRECTOR OF THE BUDGET MAY AUTHORIZE
SHALL NOT EXCEED THE FOLLOWING SUMS FOR EACH ELDERLY PERSON RESIDING  IN
THE COUNTY:
  (1)  IN  STATE  FISCAL  YEARS  BEGINNING  ON OR AFTER THE FIRST DAY OF
APRIL, TWO THOUSAND ELEVEN, THE SUM OF TWO HUNDRED NINE  THOUSAND  EIGHT
HUNDRED NINETY-SIX DOLLARS OR SIXTEEN DOLLARS AND SEVENTY-NINE CENTS FOR
EACH ELDERLY PERSON RESIDING IN THE COUNTY, WHICHEVER IS GREATER;
  (2)  IN  STATE  FISCAL  YEARS  BEGINNING  ON OR AFTER THE FIRST DAY OF
APRIL, TWO THOUSAND TWELVE, THE SUM OF TWO HUNDRED TWENTY-EIGHT THOUSAND
NINE HUNDRED EIGHTY-SEVEN DOLLARS OR  EIGHTEEN  DOLLARS  AND  THIRTY-ONE
CENTS  FOR  EACH  ELDERLY  PERSON  RESIDING  IN THE COUNTY, WHICHEVER IS
GREATER;
  (3) IN STATE FISCAL YEARS BEGINNING ON  OR  AFTER  THE  FIRST  DAY  OF
APRIL,  TWO  THOUSAND THIRTEEN, THE SUM OF TWO HUNDRED FORTY-EIGHT THOU-
SAND SEVENTY-EIGHT DOLLARS OR NINETEEN DOLLARS AND EIGHTY-FOUR CENTS FOR
EACH ELDERLY PERSON RESIDING IN THE COUNTY, WHICHEVER IS GREATER;
  (4) IN STATE FISCAL YEARS BEGINNING ON  OR  AFTER  THE  FIRST  DAY  OF
APRIL, TWO THOUSAND FOURTEEN, THE SUM OF TWO HUNDRED EIGHTY-SIX THOUSAND
TWO HUNDRED SIXTY-ONE DOLLARS OR TWENTY-TWO DOLLARS AND NINETY CENTS FOR
EACH ELDERLY PERSON RESIDING IN THE COUNTY, WHICHEVER IS GREATER.
  S 2. This act shall take effect immediately.