NY State Senate Bill 2009-S3091

Senate Bill S3091

2009-2010 Legislative Session

Provides electronic monitoring system for functionally impaired elderly or disabled persons; appropriation

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Mar 18, 2009	committee discharged and committed to health
Mar 10, 2009	referred to finance

2009-S3091 (ACTIVE) - Details

See Assembly Version of this Bill:: A2078
Current Committee:: Senate Health
Law Section:: Appropriations
Laws Affected:: Amd §3602, add §3611-b, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: A3041

2009-S3091 (ACTIVE) - Summary

Makes provision for personal emergency response services as part of home care services by means of electronic communication equipment; allows various health-care facilities to apply for and offer system; provides for reimbursement and non-renewable grants to not-for-profit organizations not to exceed $15,000 per year; payment by certain government funds

2009-S3091 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3091

 TITLE OF BILL :
An act to amend the public health law, in relation to providing
personal emergency response services as part of home care services,
and making an appropriation therefor

 PURPOSE OR GENERAL IDEA :
To enable the functionally impaired elderly to maintain their
independence in the community and reduce the total cost of providing
care.

 SUMMARY OF SPECIFIC PROVISIONS :
Defines the Personal Emergency Response System as a 24 hour, seven
days per week electronic monitoring system for the functionally
impaired elderly or disabled persons Jiving alone or likely to be left
alone for a substantial period of time. Authorizes hospitals,
residential health care facilities, certified home health agencies,
and the long term home health care program a personal emergency
response system.

Application to the Commissioner of Health shall include an outline of
the agency's plans for the system; need, personnel to be employed;
geographic area in which the system will be provided. Provision of
service shall be based on a comprehensive assessment of each applicant
and shall include an appropriate plan of care. To be eligible a client

must have physician's orders, live alone or be alone for a substantial
period of time, meet any other criteria defined by the Commissioner.

Provides for grants to start up system not to exceed $15,000 a year
and are not renewable.  Provides for grants of up to 50% of costs to
expand the system where it is already in place.  Makes an
appropriation of $100,000 for carrying out provisions of this act.

 JUSTIFICATION :
The lack of available 24 hour care in many sections of the state
forces many individuals who need continuing care to be
institutionalized. The Personal Emergency Response System provides
continuous monitoring that postpones or alleviates the need for
institutionalization. The system is also a cost effective method for
providing 24 hour care in the home. Because of the high cost of
providing such care, home placement for certain impaired individuals
is prohibitive. Currently, PERS' cost averages $17 per month compared
to $1050 a month for a home health visit (based on a $35 cost per
day). The system used in conjunction with other home services can
decrease the use of having an aide constantly on duty and thus
decrease the cost of community based care.

Results of a PEW funded study in Massachusetts concluded that the
response system improved the quality of life of PERS users, severely
functionally disabled and not socially isolated, each $1.00 spent on
the system produced a net savings of $7.19 in total long-term care
costs due to reduced use of institutional and community services. In
addition, the system provides added support to families in their
efforts to care for their relatives.

Currently, Personal Emergency Systems are reimbursable under Medicare
at the federal level.

 PRIOR LEGISLATIVE HISTORY :
2001-02: A.2502
2003-04: A.1003
2005-06: A.3091
2007-08: A.2479

 FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS :
Makes a $100,000 appropriation.

 EFFECTIVE DATE :
This act shall take effect one year following the date it shall have
become law.

2009-S3091 (ACTIVE) - Bill Text download pdf

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

                                  3091

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the public health law, in relation to providing personal
  emergency response services as part of home care services, and  making
  an appropriation therefor

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

  Section 1. Section 3602 of the public health law is amended by  adding
a new subdivision 8-a to read as follows:
  8-A.  "PERSONAL  EMERGENCY  RESPONSE SERVICES" MEANS (A) THE PROVISION
AND MAINTENANCE OF ELECTRONIC COMMUNICATION EQUIPMENT IN THE HOME OF  AN
INDIVIDUAL  WHICH SIGNALS A MONITORING AGENCY FOR HELP WHEN ACTIVATED BY
THE INDIVIDUAL, OR AFTER A PERIOD OF TIME IF A TIMER MECHANISM  HAS  NOT
BEEN  RESET,  AND  (B)  THE  CONTINUOUS  MONITORING OF SUCH SIGNALS BY A
TRAINED OPERATOR AND, IN CASE OF RECEIPT OF SUCH SIGNAL,  THE  IMMEDIATE
NOTIFICATION  OF  SUCH  EMERGENCY  RESPONSE ORGANIZATIONS OR PERSONS, IF
NECESSARY, AS THE INDIVIDUAL HAS PREVIOUSLY SPECIFIED.
  S 2. The public health law is amended by adding a new  section  3611-b
to read as follows:
  S 3611-B. APPLICATION FOR GRANTS TO ESTABLISH OR EXPAND PERSONAL EMER-
GENCY  RESPONSE SERVICES. 1. A HOSPITAL, RESIDENTIAL HEALTH CARE FACILI-
TY, CERTIFIED HOME HEALTH AGENCY OR LONG-TERM HOME HEALTH CARE  PROGRAM,
OR  ANY  OTHER  NOT-FOR-PROFIT  OR PUBLIC ORGANIZATION SEEKING GRANTS TO
ESTABLISH OR EXPAND PERSONAL EMERGENCY RESPONSE SERVICES SHALL  TRANSMIT
TO  THE  COMMISSIONER  AN  APPLICATION  SETTING  FORTH  THE SCOPE OF THE
PROPOSED SERVICE. THE APPLICATION SHALL INCLUDE A  DETAILED  DESCRIPTION
OF THE PROPOSED SERVICE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
  (A) AN OUTLINE OF THE INSTITUTION'S OR AGENCY'S PLANS FOR THE SERVICE;
  (B) THE NEED FOR THE PROPOSED SERVICE;
  (C) THE NUMBER AND TYPES OF PERSONNEL TO BE EMPLOYED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04911-01-9

S. 3091                             2

  (D)  THE  ABILITY  OF  THE AGENCY, HOSPITAL OR FACILITY TO PROVIDE THE
SERVICE;
  (E) THE ESTIMATED NUMBER OF INDIVIDUALS TO BE SERVED;
  (F)  THE  GEOGRAPHIC  AREA  IN  WHICH  THE  PROPOSED  SERVICE  WILL BE
PROVIDED;
  (G) A DEMONSTRATION THAT THE PROPOSED SERVICE IS FEASIBLE AND IS  PART
OF A COMPREHENSIVE HOME CARE SERVICE SYSTEM; AND
  (H) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
  2.  (A) THE COMMISSIONER MAY, WITHIN THE AMOUNT APPROPRIATED THEREFOR,
MAKE GRANTS TO CERTIFIED HOME HEALTH  AGENCIES,  HOSPITALS,  RESIDENTIAL
HEALTH  CARE  FACILITIES  OR LONG-TERM HOME HEALTH CARE PROGRAMS, OR ANY
OTHER NOT-FOR-PROFIT OR PUBLIC ORGANIZATION FOR THE PURPOSE OF  INCREAS-
ING  THE  AVAILABILITY  OF  THE PERSONAL EMERGENCY RESPONSE SERVICES. IN
AWARDING GRANTS PURSUANT TO THIS SECTION, THE  COMMISSIONER  SHALL  TAKE
INTO  CONSIDERATION,  IN  RELATION  TO  THE  AREA  SERVED, THE FOLLOWING
FACTORS: THE NUMBER OF INDIVIDUALS TO BE  SERVED  BY  THE  SERVICE;  THE
SCOPE,  QUANTITY  AND ACCESSIBILITY OF THE SERVICE PROPOSED; THE ABILITY
OF THE AGENCY TO CONTINUE TO PROVIDE  THE  PERSONAL  EMERGENCY  RESPONSE
SERVICES  UPON  THE EXPIRATION OF THE GRANT; THE ABILITY OF THE ELIGIBLE
CLIENT  TO  SUPPLEMENT  ANY  ADDITIONAL  FUNDING  FOR  IMPLEMENTING  THE
SERVICE;  THAT  THE  AGENCY PROVIDES FOR THE APPROPRIATE UTILIZATION AND
COORDINATION OF THE SERVICE WITH OTHER HOME CARE SERVICES; AND ANY  SUCH
OTHER  FACTORS  AS  THE  COMMISSIONER  MAY  DETERMINE AS RELEVANT TO THE
PUBLIC NEED FOR  PERSONAL EMERGENCY RESPONSE SERVICES.
  (B) SUCH GRANTS SHALL NOT EXCEED FIFTEEN THOUSAND  DOLLARS  PER  ANNUM
AND  ARE NOT RENEWABLE. GRANTS ARE ALSO AVAILABLE OF UP TO FIFTY PERCENT
OF THE COSTS TO THOSE AGENCIES  WHO  ARE  PRESENTLY  PROVIDING  PERSONAL
EMERGENCY RESPONSE SERVICES AND WISH TO EXPAND THE SERVICE.
  (C)  THE  COMMISSIONER,  AFTER  CONSULTATION WITH THE STATE COUNCIL ON
HOME CARE SERVICES, SHALL PROMULGATE RULES AND REGULATIONS NECESSARY  TO
ADMINISTER  THIS  SECTION. THE STATE COUNCIL ON HOME CARE SERVICES SHALL
ADVISE THE DEPARTMENT OF THE AVAILABILITY AND QUALITY  OF  THE  PERSONAL
EMERGENCY  RESPONSE  SERVICES  AND  ON  THE  METHODS THAT MAY BE USED TO
ENHANCE THE AVAILABILITY, APPROPRIATE UTILIZATION  AND  COORDINATION  OF
THE SERVICE THROUGH THE IMPLEMENTATION OF THE GRANT SYSTEM.
  S  3.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated out of any moneys in
the state treasury in the general  fund  to  the  credit  of  the  state
purposes  account,  not  otherwise  appropriated,  and  made immediately
available to the commissioner of health to pay  the  expenses  including
personal  service,  in  carrying  out  the  provisions of this act. Such
moneys shall be payable out of the state treasury after audit by and  on
the  warrant  of  the comptroller upon vouchers certified or approved by
the commissioner of health as prescribed by law.
  S 4. This act shall take effect one year after the date  on  which  it
shall have become a law.

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