S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    817
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 203 of the elder law, as amended
 by a chapter of the laws of 2022 amending  the  elder  law  relating  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, as proposed in legislative bills numbers S. 78-A and  A.  7855,
 is amended to read as follows:
   1.  The  office  shall  submit  to  the federal department of health[,
 education and welfare] AND HUMAN SERVICES a state plan for  purposes  of
 the federal Older Americans Act of 1965 and subsequent amendments there-
 to.  The  office  shall  be  the single state agency for supervising the
 administration of such plan and shall be primarily responsible for coor-
 dination of state programs for the aging for purposes  of  such  federal
 act.  The office shall act for the state in any negotiations relative to
 the submission and approval of such plan and may make such arrangements,
 not inconsistent with law, as may be required by or pursuant to  federal
 law  to  obtain and retain such approval and to secure for the state the
 benefits of the provisions of such federal act.   For  the  purposes  of
 administering  [the  federal  Older Americans Act of 1965 and subsequent
 amendments thereto, the term] SUCH STATE PLAN APPROVED  BY  THE  FEDERAL
 DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHEN TARGETING PROGRAM SERVICES
 AND  SUPPORTS  BASED  ON "greatest social need", THE OFFICE shall [mean]
 CONSIDER the need caused by non-economic factors [that restrict an indi-
 vidual's ability to perform normal daily tasks or that threaten  his  or
 her  capacity to live independently. These factors] WHICH SHALL include,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03951-01-3
              

 S. 817                              2
 
 but [are] not  BE  limited  to[,]:  physical  or  mental  disability[,];
 ALZHEIMER'S  DISEASE  OR  OTHER  FORMS OF DEMENTIA; language barriers[,]
 INCLUDING LIMITED ENGLISH PROFICIENCY AND  LOW  LITERACY;  and  cultural
 [or],  social,  OR  GEOGRAPHIC  isolation caused by, among other things,
 racial  and  ethnic  status,  sexual  orientation,  gender  identity  or
 expression, RURAL RESIDENCE, HOMEBOUND STATUS, CAREGIVER STATUS, RISK OF
 INSTITUTIONALIZATION,  or  HIV  status WHEN SUCH ISOLATION RESTRICTS THE
 ABILITY OF AN INDIVIDUAL TO PERFORM NORMAL DAILY TASKS OR THREATENS  THE
 ABILITY OF THE INDIVIDUAL TO LIVE INDEPENDENTLY.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2022 amending the elder law  relating
 to  clarifying  the  meaning  of  the  phrase "greatest social need" for
 purposes of the administration of programs under the federal Older Amer-
 icans Act of 1965, as proposed in legislative bills numbers S. 78-A  and
 A. 7855, takes effect.