S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10486
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
   Kim) -- read once and referred to the Committee on Health
 
 AN ACT to amend the social services law, in relation to eligibility  for
   medical  assistance  for personal care services for persons with trau-
   matic brain injury, cognitive impairments, developmental disabilities,
   blindness, or  visual impairment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (v)  of  paragraph  (e) of subdivision 2 of
 section 365-a of the social services law, as added  by  section  2-a  of
 part  MM  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   (v) subject to the availability of  federal  financial  participation,
 personal  care  services other than personal emergency response services
 available pursuant to this paragraph shall be available only to individ-
 uals assessed as needing  at  least  limited  assistance  with  physical
 maneuvering  with more than two activities of daily living, or for indi-
 viduals with a dementia or Alzheimer's diagnosis, TRAUMATIC BRAIN  INJU-
 RY, COGNITIVE IMPAIRMENT, DEVELOPMENTAL DISABILITY, BLINDNESS, OR VISUAL
 IMPAIRMENT,  assessed as needing at least supervision with more than one
 activity of  daily  living,  as  defined  and  determined  by  using  an
 evidenced  based validated assessment instrument approved by the commis-
 sioner and in accordance with regulations  of  the  department  and  any
 applicable  state  and  federal  laws  by  an  independent assessor. The
 provisions of this subparagraph shall  only  apply  to  individuals  who
 receive  an  initial authorization for such services on or after October
 first, two thousand twenty;
   § 2. Paragraph (c) of subdivision 2 of section  365-f  of  the  social
 services  law,  as  amended by section 3 of part MM of chapter 56 of the
 laws of 2020, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16428-02-0

 A. 10486                            2
 
 care program, as being in need of home care  services  or  private  duty
 nursing  and as needing at least limited assistance with physical maneu-
 vering with more than two activities of daily  living,  or  for  persons
 with a dementia or Alzheimer's diagnosis, TRAUMATIC BRAIN INJURY, COGNI-
 TIVE  IMPAIRMENT, DEVELOPMENTAL DISABILITY, BLINDNESS, OR VISUAL IMPAIR-
 MENT, ASSESSED as needing at least supervision with more than one activ-
 ity of daily living, provided that the provisions related to  activities
 of  daily  living  in  this  paragraph  shall  only apply to persons who
 initially seek eligibility for the program on or  after  October  first,
 two  thousand  twenty,  and  who is able and willing or has a designated
 representative, including a legal guardian  able  and  willing  to  make
 informed  choices,  or  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 nurs-
 ing care, personal care, transportation and respite services; and
   §  3.  This  act  shall take effect October 1, 2020; provided however,
 that if part MM of chapter 56 of the laws of 2020 shall not  have  taken
 effect  on  or  before  such  date then sections one and two of this act
 shall take effect on the same date and in the same manner as such  chap-
 ter of the laws of 2020 takes effect.