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

                                 7532--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2015
                               ___________

Introduced by M. of A. MORELLE, PAULIN, GOTTFRIED, LENTOL, COOK, BRINDI-
  SI,  ARROYO,  PERRY, SCHIMMINGER, STIRPE, BLAKE, BRONSON, O'DONNELL --
  Multi-Sponsored by -- M.  of  A.  ABBATE,  ABINANTI,  GALEF,  LUPARDO,
  MAGEE,  THIELE -- read once and referred to the Committee on Health --
  reported and referred to  the  Committee  on  Codes  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  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:

  Section  1.  Paragraph  (c)  of  subdivision 2 of section 365-f of the
social services law, as added by chapter 81 of  the  laws  of  1995,  is
amended to read as follows:
  (c)  has  been determined by the social services district, pursuant to
an assessment of the person's appropriateness for the program, conducted
with an appropriate long term home health care program, a certified home
health agency, or an AIDS home care program or pursuant to the  personal
care  program,  as  being  in need of home care services or private duty
nursing and is able and willing  or  has  a  DESIGNATED  REPRESENTATIVE,
INCLUDING A legal guardian able and willing to make informed choices, or
[has  designated]  a  DESIGNATED relative or other adult who is able and
willing to assist in making informed choices, as to the type and quality
of services, including but not limited to such services as nursing care,
personal care, transportation and respite services; and
  S 2. Subdivision 3 of section 365-f of the  social  services  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  3.  Division  of  responsibilities.  Eligible individuals who elect to
participate in the program assume the responsibility for services  under
such  program  as  mutually  agreed  to  by  the eligible individual and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10867-04-5
              

A. 7532--A                          2

provider and as documented in the eligible individual's record,  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  RECRUITING,  HIRING  AND SUPERVISING THEIR
PERSONAL ASSISTANTS. FOR THE PURPOSES OF THIS SECTION, PERSONAL  ASSIST-
ANT  SHALL MEAN AN ADULT WHO PROVIDES SERVICES UNDER THIS SECTION TO THE
ELIGIBLE INDIVIDUAL UNDER THE ELIGIBLE INDIVIDUAL'S INSTRUCTION,  SUPER-
VISION AND DIRECTION OR UNDER THE INSTRUCTION, SUPERVISION AND DIRECTION
OF  THE ELIGIBLE INDIVIDUAL'S DESIGNATED REPRESENTATIVE, PROVIDED THAT A
PERSON  LEGALLY  RESPONSIBLE  FOR  AN  ELIGIBLE  INDIVIDUAL'S  CARE  AND
SUPPORT,  AN  ELIGIBLE  INDIVIDUAL'S SPOUSE OR DESIGNATED REPRESENTATIVE
MAY NOT BE THE PERSONAL ASSISTANT FOR THE ELIGIBLE INDIVIDUAL;  HOWEVER,
A  PERSONAL ASSISTANT MAY INCLUDE ANY OTHER ADULT RELATIVE OF THE ELIGI-
BLE INDIVIDUAL, PROVIDED, HOWEVER, THAT THE PROGRAM DETERMINES THAT  THE
SERVICES  PROVIDED  BY SUCH RELATIVE ARE CONSISTENT WITH AN INDIVIDUAL'S
PLAN OF CARE AND THAT THE AGGREGATE COST  FOR  SUCH  SERVICES  DOES  NOT
EXCEED THE AGGREGATE COSTS FOR EQUIVALENT SERVICES PROVIDED BY A NON-RE-
LATIVE PERSONAL ASSISTANT.  Such individuals shall be assisted as appro-
priate  with  service  coverage,  supervision,  advocacy and management.
Providers shall not be liable for fulfillment of responsibilities agreed
to be undertaken by the eligible individual. This subdivision,  however,
shall not diminish the participating provider's liability for failure to
exercise  reasonable  care in properly carrying out its responsibilities
under this program, which shall  include  monitoring  such  individual's
continuing  ability  to fulfill those responsibilities documented in his
or her records. Failure of the individual to carry out his or her agreed
to responsibilities may be considered in determining  such  individual's
continued appropriateness for the program.
  S  3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.