S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8332
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06900-01-3
              

 A. 8332                             2
 
 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
 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.