S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9717
 
                           I N  A S S E M B L Y
 
                             February 2, 2018
                                ___________
 
 Introduced by M. of A. HIKIND -- read once and referred to the Committee
   on Health
 
 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. Subdivision 3 of section 365-f of the social services law,
 as amended by chapter 511 of the laws of 2015, 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
 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]  PERSONS  legally  responsible for an eligible individual's care
 and support, an eligible individual's  spouse  or  designated  represen-
 tative  may  not be the personal [assistant] ASSISTANTS for the eligible
 individual UNLESS SUCH PERSONS ARE THE ONLY PERSONS RESPONSIBLE FOR  THE
 ELIGIBLE  INDIVIDUAL'S  CARE  AND SUPPORT; however, a personal assistant
 may include  any  other  adult  relative  of  the  eligible  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-relative
 personal  assistant.  Such  individuals shall be assisted as appropriate
 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 exer-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11194-03-8

 A. 9717                             2
 
 cise reasonable care in properly carrying out its responsibilities under
 this program, which shall include monitoring such individual's  continu-
 ing  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.
   § 2. This act shall take effect immediately.