S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6346
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, SIMON, EPSTEIN, THIELE, JACKSON, ANDER-
   SON, ZEBROWSKI, FORREST, LUPARDO, STECK, JOYNER,  BRABENEC,  MITAYNES,
   MAMDANI, KELLES, L. ROSENTHAL -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the social services law, in relation to removing certain
   restrictions  on  access  to home care services; and to repeal certain
   provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (e) of subdivision 2 of
 section 365-a of the social services law, as amended  by  section  2  of
 part  MM  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   (i) personal care  services,  including  personal  emergency  response
 services,  shared aide and an individual aide, subject to the provisions
 of subparagraphs (ii), (iii), (iv)[, (v)] and (vi)  of  this  paragraph,
 furnished  to  an  individual  who  is not an inpatient or resident of a
 hospital, nursing facility, intermediate care facility  for  individuals
 with  intellectual  disabilities,  or institution for mental disease, as
 determined to meet the recipient's needs for assistance when cost effec-
 tive and appropriate, and when prescribed  by  a  qualified  independent
 physician  selected  or approved by the department of health, in accord-
 ance with the recipient's plan of treatment and provided by  individuals
 who  are  qualified  to  provide  such services, who are supervised by a
 registered nurse and who are not members of the recipient's family,  and
 furnished in the recipient's home or other location;
   §  2.  Subparagraph  (v)  of paragraph (e) of subdivision 2 of section
 365-a of the social services law is REPEALED.
   § 3. 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.
                                                            LBD02214-01-3
              

 A. 6346                             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, as needing at least super-
 vision with more than one activity 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  will-
 ing  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  nursing  care,  personal  care, transportation and respite
 services; and
   § 4. This act shall take effect immediately.