BILL NUMBER: S78

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the elder law, in relation to clarifying the meaning of
the phrase "greatest social need" for purposes of the administration of
programs under the federal Older Americans Act of 1965

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 203 of the elder
law ("Programs for the aging") to state that for the purposes of the New
York State Office for the Aging administering the federal Older Ameri-
cans Act of 1965, the tern "greatest social need" shall mean the need
caused by noneconomic factors that restrict an individual's ability to
perform normal daily tasks or that threaten his or her capacity to live
independently. Such non-economic factors include physical or mental
disability, language barriers, and cultural or social isolation caused
by racial and ethnic status, sexual orientation, gender identity or
expression, or HIV stats.

              

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

Since its enactment in 1965 as part of President Lyndon B. Johnson's
Great Society agenda, the federal Older Americans Act (OAA) "is consid-
ered to be a major vehicle for the organization and delivery of social
and nutrition services" for older individuals and their caregivers,
authorizing "a wide array of service programs through a national network
of state agencies on aging," including New York's State Office for the
Aging (SOFA)(1) Federal law requires that state plans to administer OAA
programs and services target populations in rural areas, with several
disabilities, with limited English proficiency, with Alzheimer's and
related disorders, those at risk for institutional placement, those with
the greatest economic need, and those with the greatest social need.

According to the federal Administration for ,Community Living, the
federal-agency responsible for focusing attention and resources on the
unique needs of older Americans, the definition of "greatest social
need" in the OAA, which includes "isolation caused by racial or ethnic
status," the definition is not intended to exclude the targeting of
other populations that experience cultural social or geographic
isolation due to other factors.  According to SAGE'(Services & Advocacy
for Gay, Lesbian, Bisexual & Transgender Elders), LGBT older adults
often lack traditional sources of support and caregiving, tend to have
poorer physical and mental health and higher rates of poverty than their
heterosexual counterparts, and face pronounced cultural and social
isolation as a result of decades-long experience of real and perceived
discrimination. While it is unfortunate that the OAA does not explicitly
include LGBT older adults, federal guidance has made it clear that
states can include them in their state plans for administering OAA
programs and services. This legislation would codify the inclusion of
LGBT older adults, as well as those older adults living with HIV as
populations of greatest social need in New York State Elder Law. By
doing so, New York would join other states such as California and Illi-
nois that already recognize the unique social needs of this population,

and will ensure that our State is providing LGBT older adults with the
services and supports that they need as they age.
1 Administration for Community Living

(https://acl.gov/aboutacl/authorizing- statutes/older-americans-act)

 
LEGISLATIVE HISTORY:

S.8438 of 2020 (Hoylman): Died in Aging

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.