S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9356
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the elder law, in relation to  social  model  adult  day
   services programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 215 of the elder law, paragraph (b) of  subdivision
 1  as  amended  by  chapter 296 of the laws of 2021 and paragraph (c) of
 subdivision 2 as amended by chapter 63 of the laws of 2022,  is  amended
 to read as follows:
   §  215.  Social  model adult day services programs. 1. Definitions. As
 used in this section:
   (a) "Advisory committee for the aging" shall mean the advisory commit-
 tee for the aging established pursuant to section  two  hundred  ten  of
 this title.
   (b) "Social adult day services" shall mean a program providing a vari-
 ety  of  long  term  care services to functionally impaired individuals,
 whether due to physical  or  cognitive  impairments,  in  a  congregate,
 community,  or  home  setting  and pursuant to a person-centered service
 plan.
   (c) "Designated agency" shall mean any agency which is either  a  unit
 of  county  government,  the  city of New York, or the governing body or
 council of an Indian tribal reservation,  or  a  private  not-for-profit
 agency  organized or existing pursuant to the not-for-profit corporation
 law, which has been designated as an area agency on aging by  the  state
 office  for  the  aging  pursuant  to the federal older Americans act of
 1965, as amended.
   (d) "Functionally impaired" shall mean a person who needs the  assist-
 ance  of  another  person in at least one of the following activities of
 daily living: toileting, mobility, transferring, or eating; or who needs
 supervision due to cognitive and/or psycho-social impairment.
   (e) "Social adult day care" shall mean a program providing  a  variety
 of  comprehensive  services  to functionally impaired elderly persons as
 defined in regulations established by the director.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15498-01-4
 S. 9356                             2
 
   2. Duties of the director. (a) The director is authorized and directed
 to promulgate rules and regulations, establishing standards and require-
 ments with regard to the operation of all social adult day care programs
 [receiving funding pursuant to this article] REGARDLESS OF  WHETHER  THE
 PROGRAM RECEIVES FUNDING PURSUANT TO THIS ARTICLE, OTHER PUBLIC FUNDING,
 OR  PRIVATE  FUNDING.  FOR  A  PROGRAM  SUBJECT TO OVERSIGHT BY BOTH THE
 OFFICE PURSUANT TO THIS SECTION AND ANOTHER STATE AGENCY, THE RULES  AND
 REGULATIONS  OF THE OTHER STATE AGENCY SHALL TAKE PRECEDENCE IF THERE IS
 DUPLICATION TO THE RULES AND REGULATIONS PROMULGATED  BY  THE  DIRECTOR.
 THE DIRECTOR SHALL ESTABLISH A METHOD FOR A PROGRAM TO NOTIFY THE OFFICE
 OF  SUCH DUPLICATION. Such standards and requirements shall include, but
 not be limited to:
   (1) services to be provided;
   (2) admission criteria;
   (3) participant cost-sharing;
   (4) assessment and enrollment;
   (5) staffing;
   (6) monitoring and evaluation of programs; and
   (7) any other standards or requirements which the director  determines
 to be appropriate.
   (b) Rules and regulations promulgated by the director pursuant to this
 subdivision shall also direct how social adult day care will be included
 in the planning currently required of designated agencies.
   (c)  The director shall develop materials for employees and volunteers
 of programs providing social adult day services or social adult day care
 on the signs and symptoms of elder abuse, which shall  include  identity
 theft.  Such  materials  shall  include,  but not be limited to, ways to
 discuss suspected elder abuse with seniors where abuse is suspected  and
 resources  to  which seniors may be referred for counseling, shelter, or
 other assistance.
   (D) THE DIRECTOR SHALL INSPECT EACH  SOCIAL  ADULT  DAY  CARE  PROGRAM
 PRIOR  TO  OPERATING  AND  NO  LESS  THAN  ONCE  EVERY  FIVE YEARS. SUCH
 INSPECTION SHALL ENSURE THAT THE  PROGRAM  HAS  MET  THE  STANDARDS  AND
 REQUIREMENTS ESTABLISHED BY THE DIRECTOR, INCLUDING BUT NOT LIMITED TO A
 DETERMINATION  THAT  THE  PROGRAM HAS THE NECESSARY PHYSICAL CAPACITY TO
 PROVIDE SERVICES FOR THE NUMBER OF PEOPLE ENROLLED IN SUCH PROGRAM. UPON
 SUCCESSFUL COMPLETION OF SUCH INSPECTION, THE PROGRAM SHALL BE ISSUED  A
 CERTIFICATE OF INSPECTION BY THE DIRECTOR. IF A PROGRAM IS INSPECTED AND
 DOES  NOT  MEET THE STANDARDS AND REQUIREMENTS ESTABLISHED BY THE DIREC-
 TOR, SUCH PROGRAM SHALL BE GIVEN NINETY DAYS TO CORRECT ANY DEFICIENCIES
 AS DETERMINED BY THE DIRECTOR.
   (E) BY JANUARY FIRST, TWO THOUSAND THIRTY,  AND  ANNUALLY  THEREAFTER,
 THE  DIRECTOR  SHALL  COLLECT  AND MAINTAIN FOR INSPECTION BY DESIGNATED
 AGENCIES THE SELF-CERTIFICATION SUBMITTED BY EACH  PROGRAM  PURSUANT  TO
 SUBDIVISION FIVE OF THIS SECTION.
   3. Funding for social adult day care programs.
   (a)  Beginning  with  amounts  appropriated  in  the two thousand five
 fiscal year, the director shall, within amounts  appropriated  therefor,
 make  grants available on a competitive basis to not-for-profit or local
 government operated social adult  day  care  programs  for  functionally
 impaired  elderly  persons,  with  consideration of regional needs and a
 broad array of models. Such grants shall equal seventy-five  percent  of
 allowable  expenditures  for approved services pursuant to this section;
 provided however that the director may  accept  certain  in-kind  equiv-
 alents  to comprise the required twenty-five percent match; and provided
 further, in the case of providers which can demonstrate financial  need,
 S. 9356                             3
 
 the  director  may make grants of up to one hundred percent of allowable
 expenditures pursuant to this section.
   (b)  Beginning with the first year that the annual increase in amounts
 appropriated for the purposes of this section shall equal at least  five
 million  dollars,  for  that  increase and all increases thereafter, the
 director shall distribute such increases to designated agencies for  the
 provision  of  social  adult day care programs for functionally impaired
 elderly persons based on a formula developed by the office  which  shall
 consider  at  least  the following: the number of elderly persons in the
 area; and the number of functionally impaired  elderly  persons  in  the
 area  as  determined by the office. Base funding established under para-
 graph (a) of this  subdivision  shall  continue  to  be  distributed  as
 provided in paragraph (a) of this subdivision. Within the amounts appro-
 priated therefor, designated agencies authorized to provide social adult
 day care under this section shall be eligible for reimbursement from the
 state  for  seventy-five  percent of allowable expenditures for approved
 social adult day care services pursuant to this section up  to  a  level
 authorized  by  the  director;  provided  however,  that certain in-kind
 equivalents may comprise the twenty-five percent match.
   (c) The office may use up to three percent of the total of any funding
 appropriated pursuant to this section for administration.
   (d) The designated agency may use up to three percent of the total  of
 any funds provided to the designated agency pursuant to this section for
 administration.
   4. Funding eligibility. (A) Funding pursuant to this section shall not
 be  available to social adult day care programs for services provided to
 elderly persons who are eligible for or receiving comparable services to
 those defined in this section pursuant to title  eighteen,  nineteen  or
 twenty  of  the  federal  social  security  act, or any other government
 program. In  addition,  funding  pursuant  to  this  section  shall  not
 supplant  any  existing  public  or private funding for social adult day
 care programs.
   (B) NO SOCIAL ADULT DAY CARE PROGRAM  SHALL  BE  ELIGIBLE  TO  RECEIVE
 FUNDING  PURSUANT TO THIS SECTION OR ANY OTHER PUBLIC FUNDING FOR SOCIAL
 ADULT DAY CARE PROGRAMS UNTIL THEY  HAVE  RECEIVED  A  CERTIFICATION  OF
 INSPECTION,  AS  DEFINED  IN  PARAGRAPH  (D)  OF SUBDIVISION TWO OF THIS
 SECTION, BY THE DIRECTOR.
   (C) NOTWITHSTANDING PARAGRAPH (B) OF THIS  SUBDIVISION,  ANY  EXISTING
 SOCIAL ADULT DAY CARE PROGRAM RECEIVING FUNDING PURSUANT TO THIS SECTION
 OR ANY OTHER PUBLIC FUNDING PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-FOUR  SHALL BE INSPECTED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
 TWO OF THIS SECTION ON OR BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-NINE.  UNTIL  AN  INITIAL  INSPECTION  IS  CONDUCTED, AN EXISTING
 SOCIAL ADULT DAY CARE PROGRAM RECEIVING FUNDING PURSUANT TO THIS SECTION
 OR  ANY  OTHER  PUBLIC  FUNDING  SHALL  NOT  REQUIRE  A  CERTIFICATE  OF
 INSPECTION TO BE ELIGIBLE TO RECEIVE SUCH FUNDING.
   (D) A SOCIAL ADULT DAY CARE PROGRAM THAT DOES NOT CORRECT DEFICIENCIES
 AS  REQUIRED  BY PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION MAY NO
 LONGER BE ELIGIBLE FOR FUNDING AS DETERMINED BY THE DIRECTOR.
   5.  SELF-CERTIFICATION. BEGINNING JANUARY FIRST, TWO THOUSAND  THIRTY,
 EACH SOCIAL ADULT DAY CARE PROGRAM SHALL CONDUCT AN ANNUAL SELF-CERTIFI-
 CATION  OF  ITS  ADMINISTRATIVE,  FISCAL,  AND  PROGRAMMATIC OPERATIONS,
 INCLUDING FEEDBACK FROM PARTICIPANTS  AND  CAREGIVERS  AND  SUBMIT  SUCH
 SELF-CERTIFICATION TO THE DIRECTOR. FAILURE TO SUBMIT SUCH SELF-CERTIFI-
 CATION  SHALL  RESULT  IN THE PROGRAM BEING INELIGIBLE TO RECEIVE PUBLIC
 FUNDING.
 S. 9356                             4
 
   6. PROGRAM IDENTIFICATION AND MARKETING. NO  PERSON  OR  ENTITY  SHALL
 IDENTIFY  OR  MARKET  THEMSELVES  AS  PROVIDING  A SOCIAL ADULT DAY CARE
 PROGRAM UNLESS THEY MEET THE REQUIREMENTS OF THIS SECTION.
   7.  Report  of director. The director, after consultation with [his or
 her] SUCH DIRECTOR'S advisory committee, affected  state  agencies,  any
 affected  municipal  agencies  and  persons involved in providing social
 adult day care services, shall make a  report,  on  or  before  December
 thirty-first,  two  thousand five, to the governor, the temporary presi-
 dent of the senate, the speaker of the assembly, the chair of the senate
 standing committee on aging and  the  chair  of  the  assembly  standing
 committee  on  aging on the projected costs and benefits of establishing
 uniform standards and requirements with regard to  operation  of  social
 adult  day  care  services  in  the  state. The report shall include the
 director's findings, recommendations and estimate of the  fiscal  impli-
 cations of regulating social adult day care services in the state.
   § 2. This act shall take effect immediately.