* § 215-b. Enriched social adult day services. 1. Legislative intent.
Social adult day services programs are resources that can help
communities maintain the independence of functionally impaired adults.
The level of services needed by some functionally impaired adults
exceeds the level of assistance currently available through social model
adult day services programs but is not at the level of support provided
in an adult day health care program. Social adult day services programs
cannot enroll new participants whose needs exceed the services that can
be provided in the current social adult day services programs.
Additionally, these programs must discharge current participants when
their needs cannot be met. Therefore, an enriched social adult day
services project shall be established as a demonstration project for the
purposes of maintaining functionally impaired adults in the community by
deterring or delaying institutionalization.

2. Definitions. For purposes of this section, the following terms
shall have the following meanings:

(a) "Eligible participant" shall mean individuals who are functionally
impaired, as defined in section two hundred fifteen of this title, and
in need of services that exceed the level of assistance currently
available through social adult day services programs but not at the
level of support provided by adult day health care programs.

(b) "Eligible entity" shall mean any not-for-profit or government
entity, including the governing body or council of an Indian tribal
reservation, who currently provides all of the services required for
social adult day services programs pursuant to section two hundred
fifteen of this title; including total assistance with toileting,
mobility, transferring, and eating where appropriate; and has an
existing contract with the state office for the aging.

(c) "Enriched services" shall include the dispensing of medications by
a registered nurse; health education; counseling; case management;
restorative therapies lasting less than six months and maintenance
therapies. Restorative and maintenance therapies shall be provided by an
appropriately licensed health care provider.

(d) "Optional services" shall mean other non-medical services approved
by the director designed to improve the quality of life of eligible
participants by extending their independence, avoiding unnecessary
hospital and nursing home stays, and sustaining their informal supports.

3. Duties of the director. (a) The director, in conjunction with the
commissioner of health, shall develop an application process whereby
eligible entities may apply for approval to offer enriched services,
optional services, or both. Such application shall include, but not be
limited to:

(1) an estimate of the number of eligible participants to whom the
eligible entity could effectively provide the services for which they
are applying to offer pursuant to this section; and

(2) a plan under which the eligible entity would safely offer the
services for which they are applying pursuant to this section, either
directly or through a contract with a licensed health care practitioner
or licensed home care provider as defined in section thirty-six hundred
five of the public health law.

(b) In considering applications made pursuant to paragraph (a) of this
subdivision, the director, in conjunction with the commissioner of
health, may consider:

(1) eligible entities that can effectively serve eligible participants
residing in rural, urban, or suburban settings;

(2) eligible entities that effectively serve culturally diverse
populations;

(3) eligible entities that demonstrate innovative use of technology,
coordination, partnerships, transportation or other services to enable
eligible participants to be effectively served; and

(4) any other criteria determined to be appropriate.

4. Evaluation. On or before January thirtieth, two thousand seventeen,
the director shall provide the governor, the speaker of the assembly,
the temporary president of the senate, and the chairpersons of the
assembly and senate aging and health committees with a written
evaluation of the program. The evaluation shall examine the
effectiveness of the project in forestalling institutional placement,
the costs of providing enriched services in a day care setting,
participant satisfaction and program quality, and identification of the
program design elements necessary for successful replication.

5. Grants. (a) The director may, within amounts appropriated therefor,
make grants, available on a competitive basis, to eligible entities
under this section. Such grants shall be for one hundred percent of the
allowable expenditures for approved services and expenses under this
section.

(b) In making grants, the director, in conjunction with the
commissioner of health, may consider the criteria established under
subdivision three of this section.

(c) Funds made available under this subdivision shall supplement and
not supplant any federal, state, or local funds expended by any entity,
including a unit of general purpose local government or not-for-profit,
to provide services under this section. Funds under this subdivision
cannot pay for individuals who are eligible under title nineteen of the
federal social security act.

* NB Repealed March 31, 2026