NY State Senate Bill 2021-S8284

Senate Bill S8284

2021-2022 Legislative Session

Expands which individuals qualify to be an individual's personal assistant for the purposes of consumer directed personal assistance programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2022	referred to health

2021-S8284 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-f, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S3530

2021-S8284 (ACTIVE) - Summary

Expands which individuals qualify to be an individual's personal assistant for the purposes of consumer directed personal assistance programs to include an eligible individual's attorney-in-fact, health care proxy, or legal guardian.

2021-S8284 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8284

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the social services law, in relation to expanding which
individuals qualify to be an individual's personal assistant for the
purposes of consumer directed personal assistance programs

 
PURPOSE:

Expands which individuals qualify to be an individual's personal assist-
ant for the purposes of consumer directed personal assistance programs
(CDPAP).

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 3 of section 365-f of the social services
law, by removing the restriction of a personal legally responsible for
an eligible individual's care and support and changing the restriction
to parents of an eligible individual under the age of 18. Also adds
adult relatives, attorney in-fact, health care proxy, and legal guardi-

ans to the list of eligible personal assistants for individuals eligible
for consumer directed personal assistance programs.

Section 2: Authorizes the commissioner of health to seek federal funding
to maximize federal financial participation for the consumer directed
personal assistance program.

Section 3: Sets effective date.

 
JUSTIFICATION:

New York State is currently facing an unprecedented shortage of home
healthcare workers. According to a report by the Consumer Directed
Personal Assistance Association of New York State (CDPAANYS), 74 percent
of New Yorkers needing home health aides were unable to retain a worker
in 2021.

Eligible individuals can explore hiring caretakers through the consumer
directed personal assistance programs (CDPAP), which allows individuals
flexibility and freedom in choosing their caregiver.  Through this
program, relatives are generally eligible to be selected as a caretaker
and reimbursed through Medicaid. In many cases, this is advantageous as
the relative is more intimately familiar with the patient.

However, due to the way CDPAP is written in state law, parents of chil-
dren between the ages of 18-21 are barred from being caretakers, under
the clause that they are legally responsible for the individual's care
and support. In many other situations, individuals above the age of 18
are considered to be legally independent, regardless of if they reside
at the same location as their parents. The same individual should not be
treated different simply because they now require a caretaker due to
circumstances beyond their control.

This legislation will rectify this issue and allow parents and adult
relatives of children above the age of 18 to become their caretaker
under the consumer directed personal assistance program (CDPAP).  While
the number of individuals that fit the description may be low, and the
CDPA program may not directly fit the needs of every eligible individual
or their families, this will allow for parents and direct relatives who
are willing and able to be a caretaker for their loved ones explore
those options. This will ensure all options are available to get these
individuals the care they need and deserve.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8284 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8284
 
                             I N  S E N A T E
 
                             February 9, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 expanding  which
   individuals  qualify  to be an individual's personal assistant for the
   purposes of 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 section 9 of part QQ of chapter 56 of the laws of 2020, 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 has obtained an individual unique identifier
 from the state by or before a date determined  by  the  commissioner  of
 health in consultation with the Medicaid inspector general, and provides
 services  under this section to the eligible individual under the eligi-
 ble individual's instruction, supervision and  direction  or  under  the
 instruction,  supervision  and  direction  of  the eligible individual's
 designated representative, provided that a [person  legally  responsible
 for  an  eligible  individual's care and support,] PARENT OF AN ELIGIBLE
 INDIVIDUAL WHO HAS NOT REACHED THE AGE OF EIGHTEEN YEARS OR an  eligible
 individual's spouse or designated representative may not be the personal
 assistant for the eligible individual [; however, a]. A personal assist-
 ant  may  include  any  other adult, INCLUDING ANY OTHER ADULT relative,
 ATTORNEY-IN-FACT, HEALTH CARE PROXY, OR LEGAL GUARDIAN 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-re-
 lative personal assistant. Any personal information submitted to  obtain
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14569-01-2
 S. 8284                             2
 
 such  unique  identifier shall be maintained as confidential pursuant to
 article six-A of the  public  officers  law  ("New  York  state  privacy
 protection law"). Such individuals shall be assisted as appropriate with
 service coverage, supervision, advocacy and management.  Providers shall
 not be liable for fulfillment of responsibilities agreed to be undertak-
 en  by  the  eligible  individual.  This subdivision, however, shall not
 diminish the participating provider's liability for failure to  exercise
 reasonable care in properly carrying out its responsibilities under this
 program,  which  shall  include  monitoring such individual's continuing
 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.  The  commissioner  of health is authorized and directed to seek
 additional federal funding to maximize federal  financial  participation
 with respect to the consumer directed personal assistance program and to
 seek such other federal approvals as applicable.
   § 3. This act shall take effect immediately.

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