S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9723
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to direct the department of health to conduct a  statewide  study
   on  the  support  and  administration  needs  of the consumer-directed
   personal care program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  purpose.  During  the  pandemic,  New York's
 seniors, and disabled individuals, particularly those residing in  nurs-
 ing  homes  and  long-term care facilities, were at the greatest risk of
 contracting and dying  from  the  coronavirus.  The  families  of  these
 vulnerable  individuals  were  faced with the life and death decision of
 allowing their loved ones to remain in a congregate facility where  they
 would  have  limited  access  to sufficient safety and care, or to bring
 them home and provide all the care their loved ones required themselves.
 The health and safety risks  associated  with  living  in  a  congregate
 setting  during  the  pandemic  proved  too great for many, resulting in
 families opting to bring their aging and disabled family  members  home.
 Keeping  our  most vulnerable in the home often required drastic changes
 to long-term care plans and brought new challenges for  families  trying
 to ensure the safety and health of their loved ones. Providing for these
 family  members  at home often required finding assistance to adequately
 care for these vulnerable individuals, resulting in an increased  demand
 for home care providers. New York has a well-documented shortage of home
 care  workforce,  so families trying to find a caregiver whom they trust
 to enter their home during this critical time to care for their  at-risk
 family  member  became  highly challenging and at times impossible. As a
 result, consumer-directed personal  assistants,  or  family  home  care,
 became  the  safety  net  provider for the state's most vulnerable popu-
 lation. Having the ability to employ a trusted friend or  family  member
 to  provide  the  care  needed  for  our most susceptible family members
 became a critical resource for these populations.
   Ensuring the health and safety of our seniors and disabled citizens by
 allowing them to remain in their own homes must become  a  priority  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15095-01-2
 A. 9723                             2
 
 the state as we reassess the delivery of long-term care. Maintaining and
 responding to an increased need for consumer-directed home care services
 is  more  crucial than ever before and requires a full assessment of the
 program's  needs,  including  the number of administrators, geographical
 location, wages and reimbursements, and other supports needed to  ensure
 a continuity of care for all individuals being served.
   §  2. The commissioner of health is hereby directed to prepare or have
 prepared a study of the Consumer Directed Personal Care Program, author-
 ized by section 365-f of the social services law, to assess the  current
 need and costs associated with and required to provide consumer-directed
 services  within the state, including, but not limited to, total current
 and anticipated eligible Medicaid recipients; the appropriate number  of
 fiscal intermediaries required to ensure continuity of care and seamless
 administration  of this program for all participants statewide; the need
 for procurement of fiscal intermediary services; and all  evidence-based
 criteria  and  scoring  to  be  used  during any procurement process, if
 required.
   § 3. The commissioner of health shall provide the study to the  tempo-
 rary  president  of  the  senate,  the  speaker of the assembly, and the
 chairs of the senate and assembly  health  committees  by  December  31,
 2024.  Until  such  time, all changes to the program shall be suspended,
 and, if necessary, a reissuance of  the  request  for  offers  shall  be
 released one hundred eighty days after the study's release.  The commis-
 sioner  shall  also  publish  the  study  on  the department of health's
 website within thirty days of its transmittal to the legislature.
   § 4. This act shall take effect immediately.