S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7320
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11154-01-9

 A. 7320                             2
 
 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-
 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.