§ 203. Programs for the aging. 1. The office shall submit to the
federal department of health and human services a state plan for
purposes of the federal Older Americans Act of 1965 and subsequent
amendments thereto. The office shall be the single state agency for
supervising the administration of such plan and shall be primarily
responsible for coordination 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 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 consider the need caused by non-economic factors which
shall include, but 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,
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. In addition to the powers and duties contained in section two
hundred two of this title, the office is hereby authorized, to the
extent appropriations are available therefor, to establish, operate and
maintain, or to contract with counties, cities, towns, villages, school
districts or public or private nonprofit corporations, associations,
institutions, or agencies concerned with the aging, for the operation
and maintenance of programs for the aging. Pursuant to the rules and
regulations of the office, such programs may include, but need not be
limited to, the following:

(a) coordination and community planning;

(b) information services;

(c) counselling services;

(d) home care and protection services;

(e) operation of multi-service centers; and

(f) retired senior volunteer programs.

3. The director, with the advice of the advisory committee for the
aging, shall make appropriate rules and regulations governing the
submission and approval of applications for the operation of programs
for the aging pursuant to subdivision two of this section. If an
application is disapproved, the applicant, upon request, shall be
afforded a hearing before the director or his or her designee.

4. (a) As required by the office, each county, city, town, village,
school district or public or private nonprofit corporation, association,
institution or agency operating a program for the aging pursuant to
subdivision two of this section shall submit to the office (1) a
quarterly estimate of anticipated expenditures for operation and
maintenance of such program, including rental of buildings, purchase of
equipment, administrative expenses, miscellaneous personal expenses of
older persons incurred in the provision of volunteer services, and
approved expenditures for minor alterations or repairs, not less than
thirty days before the first day of the months of April, July, October
and January, and (2) a verified accounting of the financial operations
of such program during the preceding calendar quarter, together with a
claim for reimbursement as provided in this title, on or before the
thirtieth day of April, July, October and January. The director may
permit the submission of such accountings with respect to periods
exceeding three months, but not exceeding one year.

(b) After receipt of a satisfactory quarterly estimate and verified
accounting pursuant to paragraph (a) of this subdivision, the director
shall certify to the comptroller, for payment by the state to each such
county, city, town, village, school district or public or private
nonprofit corporation, association, institution or agency, the
expenditures thereof, approved by the office, as follows:

(i) the amount of federal funds, if any, properly received for such
expenditures; and

(ii) up to fifty percentum of such expenditures, after first deducting
therefrom any federal funds properly received with respect to such
expenditures.

5. Notwithstanding the provisions of subdivision four of this section,
but subject to and in the manner specified in this subdivision, the
office, in its discretion, may entertain and approve applications for
interim payments.

(a) Such an application may be approved by the office, upon being
satisfied that the requirement for filing a verified accounting of the
financial operation of a program during the preceding calendar quarter
before a claim for reimbursement based on the expenditures for such
quarter may be made, is likely to cause a financial hardship to the
applicant.

(b) Such an application may be made at the time of filing the
quarterly estimate of anticipated expenditures as specified in
subdivision four of this section or at such other time as the office
shall specify.

(c) After receipt of a satisfactory quarterly estimate, the office may
direct the director to certify to the comptroller for payment an interim
payment in such amount as the office shall specify.

(d) The amount of the interim payment which the office may authorize
shall not exceed an amount equal to one-third of the amount which the
applicant may reasonably be entitled to receive in accordance with the
provisions of subdivision four of this section, for the three month
period for which a satisfactory quarterly statement has been filed,
based on such satisfactory quarterly estimate. The amount of an interim
payment received by the applicant shall be subtracted from the amount
payable to the applicant for such three-month period.

6. The director is hereby authorized, within amounts appropriated
therefor, to make grants-in-aid to existing foster grandparent grantee
agencies for the engagement of foster grandparents in qualified
residential group homes for neglected and disadvantaged children, in
private homes, day care centers, special education classes in public
schools, or other public or private nonprofit institutions or agencies
providing care for neglected and disadvantaged children who lack close
personal relationships. Up to twenty percent of such grants-in-aid may
be expended for the administrative purposes of such grantee agencies,
with the approval of the office. Such grants shall be for a period of
twelve months or less, shall not be used to match other state funds,
shall not be used as a substitute for federal allocations, and shall be
made in a manner which does not conflict with federal law, rule or
regulation pursuant to title II of the United States domestic volunteer
services act of nineteen hundred seventy-three, as amended. Grants may
be used to match federal funds but must be used for expansion of
existing federal programs, not as a substitute for presently required
non-federal shares. Each grantee shall file reports at such time and
containing such information as the office shall require. For the purpose
of administering such grants-in-aid the office may make such agreements
with other public agencies as are deemed necessary.

7. The director is hereby authorized, within amounts appropriated
therefor, to make grants-in-aid to retired and senior volunteer programs
for the engagement of individuals fifty-five years of age or over to
serve as volunteers for the betterment of their community and
themselves. Such volunteer activities may include but shall not be
limited to assisting with the preparation of meals at nutrition sites;
leading activities at child care centers; delivering meals to homebound
elderly; providing telephone reassurance and/or friendly visits to the
frail elderly; tutoring adults or children; assisting with services for
the homeless and assisting school districts which request volunteers for
the purpose of notifying a person in parental relation to any elementary
school pupil when such pupil is deemed absent from required attendance
at his or her designated school. The services of these volunteers will
be performed in the community where such individuals reside or in nearby
communities. Up to ten percent of such grants-in-aid may be expended for
the administrative purposes of such programs, with the approval of the
office. Such grants shall be for a period of twelve months or less,
shall not be used to match other state funds, shall not be used as a
substitute for federal allocations, and shall be made in a manner which
does not conflict with federal law, rule or regulation pursuant to title
II of the United States domestic volunteer services act of nineteen
hundred seventy-three, as amended. Grants may be used to match federal
funds, but not as a substitute for presently required non-federal
shares. Each grantee shall file reports at such time and containing such
information as the office shall require. For the purpose of
administering such grants-in-aid the office may make such agreements
with other public agencies as are deemed necessary.

8. The director, in consultation with the commissioner of health,
shall establish a program to be known as the NY Connects: Choices for
Long Term Care. The purpose of this initiative is to provide consistent,
comprehensive, locally-based information and assistance on long term
care services to consumers, caregivers and families to help them make
educated choices. This program shall provide individuals, caregivers,
and families with objective information and assistance about home,
community-based and institutional long term care services. NY Connects
will be available on a voluntary basis to consumers, caregivers and
their families. There shall be an on-going education and outreach
campaign to educate the public about long term care services available
in their community and to assist consumers in preparing for their long
term care needs.

9. The director of the office for the aging is hereby authorized, to
the extent appropriations are available therefor, to establish, operate
and maintain, under the control of the office for the aging or in
conjunction with an association, institution, agency, or other public or
private entity, or community program engaged in the care of animals, one
or more senior pet companionship programs. The purpose and intent of a
senior pet companionship program shall be to match seniors who have
limited social contact with pets, including cats and dogs and other
small animals, to improve the lives of such seniors by enhancing their
emotional and mental well-being through such companionship.

10. The director is hereby authorized, to the extent appropriations
are available therefor, to establish grants to a not-for-profit
organization, through a request for proposal process, to provide
training, outreach and education to agencies, individuals and other
appropriate entities who provide services to the lesbian, gay, bisexual,
and transgender senior populations.

11. (a) The director shall develop a list of programs and services
offered by local area agencies on aging along with contact information
for the local area agencies on aging and NYConnects organized by county.

(b) The information developed pursuant to paragraph (a) of this
subdivision shall be made available on the office's website and provided
to hospital discharge coordinators located in the state.

12. (a) The director is hereby authorized to implement private pay
protocols for programs and services administered by the office. These
protocols may be implemented by area agencies on aging at their option
and such protocols shall not be applied to services for a participant
when being paid for with federal funds or funds designated as federal
match, or for individuals with an income below two hundred and fifty
percent of the federal poverty level. All private payments received
directly by an area agency on aging or indirectly by one of its
contractors shall be used to supplement, not supplant, funds by state,
federal, or county appropriations. Such private pay payments shall be
set at a cost to the participant of not more than twenty percent above
either the unit cost to the area agency on aging to provide the program
or service directly, or the amount that the area agency on aging pays to
its contractor to provide the program or service. Private pay payments
received under this subdivision shall be used by the area agency on
aging to first reduce any unmet need for programs and services, and then
to support and enhance services or programs provided by the area agency
on aging. No participant, regardless of income, shall be required to pay
for any program or service that they are receiving at the time these
protocols are implemented by the area agency on aging. This subdivision
shall not prevent cost sharing for the programs and services established
pursuant to section two hundred fourteen of this title. Consistent with
federal and state statute and regulations, when providing programs and
services, area agencies on aging and their contractors shall continue to
give priority for programs and services to individuals with the greatest
economic or social needs. In the event that the capacity to provide
programs and services is limited, such programs and services shall be
provided to individuals with incomes below two hundred and fifty percent
of the federal poverty level before such programs and services are
provided to those participating in the private pay protocol pursuant to
this subdivision.

(b) Area agencies on aging participating in the private pay protocol
shall annually report to the office the unmet need, if any, for all
programs and services offered, the number of participants that privately
paid for each program or service for that year, the rates participants
were charged for each program or service provided, and how unmet need
for programs or services offered by the area agency on aging were
affected by revenue from the private pay protocol. Such annual report
shall also be shared with the Temporary President of the Senate and the
Speaker of the Assembly no later than July first, two thousand
twenty-one and shall be updated and reissued on an annual basis
thereafter.