S T A T E O F N E W Y O R K
________________________________________________________________________
8403
I N S E N A T E
May 22, 2020
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed 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
S. 8403 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.
