S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4309
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, KIM, SIMON, STECK, CARROLL, OTIS,
   HEVESI, LUPARDO, ABINANTI -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07223-02-1

 A. 4309                             2
 
   (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
 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 immediately; provided,  however,  that
 if  the amendments made to subparagraph (v) of paragraph (e) of subdivi-
 sion 2 of section 365-a of the social services law by section  2-a,  and
 to  paragraph  (c)  of  subdivision  2  of  section  365-f of the social
 services law by section 3, of 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 chapter of the laws of 2020 takes effect.