S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    239
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Health
 
 AN ACT to amend  the  social  services  law,  in  relation  to  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] PERSONS legally
 responsible for an eligible individual's care and support,  an  eligible
 individual's spouse or designated representative may not be the personal
 [assistant]  ASSISTANTS  for the eligible individual UNLESS SUCH PERSONS
 ARE THE ONLY PERSONS RESPONSIBLE FOR THE ELIGIBLE INDIVIDUAL'S CARE  AND
 SUPPORT; however, a personal assistant may include any other adult rela-
 tive  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00127-01-3
 A. 239                              2
 
 services does not exceed the aggregate  costs  for  equivalent  services
 provided  by a non-relative personal assistant. Any personal information
 submitted to obtain such unique identifier shall be maintained as confi-
 dential  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 undertaken 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. This act shall take effect immediately.