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

                                   348

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the elder law, in  relation  to  establishing  the  home
  delivered meal assistance program

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

  Section 1. The elder law is amended by adding a  new  section  224  to
read as follows:
  S 224. HOME DELIVERED MEAL ASSISTANCE PROGRAM. 1.  ANY PERSON THAT (A)
MEETS  THE  CRITERIA ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, (B)
WHO IS NOT RECEIVING THE SERVICES OF THE HOME DELIVERED MEAL  ASSISTANCE
PROGRAM DUE TO INADEQUATE FUNDING AND (C) IS CURRENTLY ON A WAITING LIST
FOR  THE  HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM,  SHALL RECEIVE THE
SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM.
  2. ANY PERSON ELIGIBLE TO RECEIVE THE SERVICES OF THE  HOME  DELIVERED
MEAL ASSISTANCE PROGRAM MUST MEET THE FOLLOWING CRITERIA:
  (A) IS SIXTY YEARS OF AGE OR OLDER;
  (B) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY;
  (C) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
  (D)  IS UNABLE TO PREPARE MEALS DUE TO A LACK OR INADEQUACY OF FACILI-
TIES, OR AN INABILITY TO SHOP, COOK OR PREPARE MEALS SAFELY, OR  A  LACK
OF KNOWLEDGE OR SKILL.
  3. THE SPOUSE OF A PERSON WHO MEETS THE CRITERIA ESTABLISHED IN SUBDI-
VISION  TWO OF THIS SECTION, REGARDLESS OF AGE, MAY RECEIVE THE SERVICES
OF THE HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM  IF  RECEIPT  OF  SUCH
SERVICES IS IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
  4.  THE  AREA  AGENCY  MUST  ENSURE  THAT  EACH PERSON REFERRED FOR OR
REQUESTING THE SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM IS
ASSESSED BY THE AREA AGENCY OR SUCH AREA AGENCY'S SUBCONTRACTING  ORGAN-
IZATION  TO  PERFORM  SUCH ASSESSMENT.   SUCH ASSESSMENT SHALL DETERMINE

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

                                                           LBD01693-01-5

S. 348                              2

THAT THE PERSON REFERRED FOR OR REQUESTING  THE  SERVICES  OF  THE  HOME
DELIVERED  MEAL  ASSISTANCE  PROGRAM  MEETS  THE CRITERIA ESTABLISHED IN
SUBDIVISION TWO OF THIS SECTION.
  (A)  THE  AREA  AGENCY MUST ALSO DOCUMENT ADEQUATE FOLLOW-UP AND REAS-
SESSMENT.
  (B) THE AREA AGENCY MUST ASSURE THE USE OF STANDARDIZED CLIENT ASSESS-
MENT PROCEDURES THAT ARE CONSISTENT WITH THE OFFICE'S GUIDELINES.
  S 2. Reporting. Designated agencies shall report to  the  director  of
the  office  for  the  aging, at a time and manner to be decided upon by
such director, the following:
  (a) the number of persons who are on waiting lists pursuant to  subdi-
vision 1 of section 224 of the elder law.
  (b)  the  amount  of  local funding each designated agency contributes
towards the home delivered meal assistance program.
  (c) the point  during  the  contract  period  each  designated  agency
expends  all  state  funding  for  the  home  delivered  meal assistance
program.
  S 3. The director of the office for the aging shall  promulgate  rules
and  regulations  he or she deems appropriate to effectuate the purposes
of this act.
  S 4. The responsibility of the area agency shall  be  contingent  upon
the  state  appropriation  received pursuant to subdivision 1 of section
224 of the elder law for such services from the state. In no event shall
this section provide a private right of action by any person against the
area agency.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.