NY State Senate Bill 2017-S4914

Archive: Last Bill Status - In Senate Committee Aging 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to aging

co-Sponsors

2017-S4914 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Elder Law
Laws Affected:: Add §224, Eld L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3340
2011-2012: S348
2013-2014: S1679
2015-2016: S348

2017-S4914 (ACTIVE) - Summary

Establishes the home delivered meal assistance program.

2017-S4914 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4914

 TITLE OF BILL :

An act to amend the elder law, in relation to establishing the home
delivered meal assistance program

 PURPOSE :

Establishes the home delivered meal assistance program.

 SUMMARY OF PROVISIONS :

Section 1. Amends the Elder Law by adding a new section 224. Provides
that any person who: is over sixty years of age or that person's
spouse, and meets established criteria, and receives a standardized
assessment conducted by the local area agency on aging, and is
currently on a waiting list and not receiving home delivered meal
services due to inadequate funding, shall receive the services of the
home delivered meal assistance program.

Section 2. Reporting requirements

Section 3. Provides that the Director of the Office for the Aging
shall implement rules and regulations for the effective implementation
of this act.

Section 4. Specifies that the responsibility of the area agency on
aging shall be contingent upon the appropriation received pursuant to
section 1. Prohibits a private right of action against the Area
Agency.

Section 5. Effective Date

 EXISTING LAW :

None.

 JUSTIFICATION :

The supplemental nutrition assistance program began in 1984 as the
Governor's Initiative to "improve health status and well-being of its
most fragile citizens by reducing their levels of hunger, malnutrition
and nutritionally related illness." Programs were expected to "provide
nutritious food supplementation and be designed to target the needs of
individuals, who are either homeless, frail elderly, or low-income
women, infants and children who are at nutritional risk." The home
delivered meal assistance program to the frail elderly is one
component of these important nutrition programs.

Frail Elderly are identified as persons over age 60 at or near the
poverty level who are mentally or physically disabled, socially
isolated or otherwise nutritionally at risk. Priority was to be given
to individuals who were not receiving assistance; who were below or
near the poverty level and living alone; who had one of the following
chronic diseases: heart disease, cancer, diabetes, chronic obstructive
lung disease, arthritis. Minority individuals were expected to be a
substantial part of the priority group.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home. Several counties have reported seniors on
waiting lists and other counties report that they typically run out of
State funding for home delivered meals in July or August of each year.
As a result, some counties rely on local tax dollars in order to
supplement funding for this State program in order to continue to
provide home delivered meals.
Current waiting lists for home delivered meals are not required to be
reported to the New York State Office for the Aging. Recent estimates
suggest that approximately 2,000 seniors throughout New York State are
eligible for, but not receiving home delivered meals. This number,
however, can vary greatly. Recent administrative changes to New York
City's home delivered meal program significantly reduced the waiting
list. As the City's economic crisis worsens however, seniors could
once again find themselves needing, but unable to receive, home
delivered meals.

This legislation seeks to provide adequate funding for the home
delivered meal assistance program in order to eliminate current
waiting lists that exist due to inadequate state funding.

 LEGISLATIVE HISTORY :

2016: S.348 - REFERRED TO AGING/A.5334 - referred to aging
2015: S.348 - REFERRED TO AGING/A.5334 - referred to aging
2014: S.1679 - Reported and Committed to Finance/A.1791 - Referred to
Aging
2013: S.1679 - Reported and Committed to Finance/A.1791 - Referred to
Aging
2012: S.348 - Referred to Aging/A.396 - Enacting Clause
Stricken/A.8988- Referred to Aging
2011: S.348 - Reported and Committed to Finance/A.396 - Referred to
Aging
2009-10: S.3340D Reported and Committed to Finance/A.7152C - Amend and
Recommit to Aging

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
180 days after it shall have become law.

2017-S4914 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4914
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens. DIAZ, AVELLA, MONTGOMERY -- 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:
   § 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
 THAT THE PERSON REFERRED FOR OR REQUESTING  THE  SERVICES  OF  THE  HOME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06950-01-7

 S. 4914                             2
 
 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.
   § 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.
   § 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.
   § 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.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S4914

Sponsored By

Archive: Last Bill Status - In Senate Committee Aging Committee

co-Sponsors

2017-S4914 (ACTIVE) - Details

2017-S4914 (ACTIVE) - Summary

2017-S4914 (ACTIVE) - Sponsor Memo

2017-S4914 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4914

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Aging Committee

co-Sponsors

Tony Avella

Velmanette Montgomery

2017-S4914 (ACTIVE) - Details

2017-S4914 (ACTIVE) - Summary

2017-S4914 (ACTIVE) - Sponsor Memo

2017-S4914 (ACTIVE) - Bill Text download pdf

Comments