§ 367-g. Authorization and provision of personal emergency response
services. 1. Personal care services and home health services shall
include, where appropriate as determined by the social services
district, the provision of personal emergency response services and
shared aide services pursuant to the provisions of subdivision two of
section three hundred sixty-five-a of this chapter. For the purpose of
this section, "personal emergency response services" shall mean (a) the
provision and maintenance of electronic communication equipment in the
home of an individual which signals a monitoring agency for help when
activated by the individual, or after a period of time if a timer
mechanism has not been reset, or by any other activating method; and (b)
the continuous monitoring of such signals by a trained operator and, in
case of receipt of such signal, the immediate notification of such
emergency response organizations or persons, if necessary, as the
individual has previously specified.

2. The commissioner shall maintain standards for social services
district's use and approval of personal emergency response services and
shared aide services, which shall include, but need not be limited to
department standards:

(a) for the personal emergency response system equipment used to
ensure its reliability and appropriate design for the purpose;

(b) providing that use of personal emergency response services or
shared aide services are part of a plan of care for the recipient that
is based on the comprehensive assessment that such recipient has a
medical condition, disability or impairment that warrants use of the
service;

(c) requiring that the provider of the personal emergency response
service have sufficient qualifications and expertise, adequate
information on the client and the plan of care, and the capacity to
provide timely information on calls received to the social services
district or its designee;

(d) for coordination between the social services districts and the
emergency response organization, as well as guidelines for regular
updating of information on recipients receiving such service;

(e) with respect to appropriate supervision and safety for recipients
receiving personal emergency response service or shared aide services;

(f) assuring that the assessment determines that the recipient can
adequately utilize the personal emergency response system;

(g) assuring that personal emergency response services or shared aide
services are medically appropriate, can meet the needs of the recipient
for home care tasks, ensure the quality of the recipient's care and will
not jeopardize the health or safety of the recipient;

(h) for determining the geographic appropriateness, in relation to
staffing, of providing shared aide services and assuring that providers
of home care services and districts consider the impact of the site
selection on the staff who will be assigned to work at a shared aide
site and that such staff, and any employee organization representing
such staff where appropriate, are consulted with respect to the
management and operation of a shared aide site;

(i) assuring that social services districts have a plan for providing
information to consumers and their representatives concerning personal
emergency response services and shared aide services, including
information on how to express concerns about the service which they are
receiving.

3. The department shall establish and issue the standards required
under subdivision two hereof to social services districts on or before
the first day of August of nineteen hundred ninety-five, after first
seeking public comment thereon. The department, after consultation with
representatives of social services districts, home health and personal
care provider agencies and workers, providers of personal emergency
response services and elderly or disabled persons who are receiving such
services shall prepare a report to the governor and the legislature by
April first, nineteen hundred ninety-six outlining any changes which are
deemed appropriate to the standards for personal emergency response
services and shared aide services which have been established by the
department.