Bill Text: NY A01791 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the home delivered meal assistance program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to aging [A01791 Detail]

Download: New_York-2013-A01791-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1791
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. MILLMAN, DINOWITZ -- read once and referred to
         the Committee on Aging
       AN ACT to amend the elder law, in  relation  to  establishing  the  home
         delivered meal assistance program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The elder law is amended by adding a  new  section  224  to
    2  read as follows:
    3    S 224. HOME DELIVERED MEAL ASSISTANCE PROGRAM. 1.  ANY PERSON THAT (A)
    4  MEETS  THE  CRITERIA ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION, (B)
    5  WHO IS NOT RECEIVING THE SERVICES OF THE HOME DELIVERED MEAL  ASSISTANCE
    6  PROGRAM DUE TO INADEQUATE FUNDING AND (C) IS CURRENTLY ON A WAITING LIST
    7  FOR  THE  HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM,  SHALL RECEIVE THE
    8  SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM.
    9    2. ANY PERSON ELIGIBLE TO RECEIVE THE SERVICES OF THE  HOME  DELIVERED
   10  MEAL ASSISTANCE PROGRAM MUST MEET THE FOLLOWING CRITERIA:
   11    (A) IS SIXTY YEARS OF AGE OR OLDER;
   12    (B) IS INCAPACITATED DUE TO ACCIDENT, ILLNESS OR FRAILTY;
   13    (C) LACKS THE SUPPORT OF FAMILY, FRIENDS OR NEIGHBORS; AND
   14    (D)  IS UNABLE TO PREPARE MEALS DUE TO A LACK OR INADEQUACY OF FACILI-
   15  TIES, OR AN INABILITY TO SHOP, COOK OR PREPARE MEALS SAFELY, OR  A  LACK
   16  OF KNOWLEDGE OR SKILL.
   17    3. THE SPOUSE OF A PERSON WHO MEETS THE CRITERIA ESTABLISHED IN SUBDI-
   18  VISION  TWO OF THIS SECTION, REGARDLESS OF AGE, MAY RECEIVE THE SERVICES
   19  OF THE HOME  DELIVERED  MEAL  ASSISTANCE  PROGRAM  IF  RECEIPT  OF  SUCH
   20  SERVICES IS IN THE BEST INTEREST OF THE HOMEBOUND ELDERLY PERSON.
   21    4.  THE  AREA  AGENCY  MUST  ENSURE  THAT  EACH PERSON REFERRED FOR OR
   22  REQUESTING THE SERVICES OF THE HOME DELIVERED MEAL ASSISTANCE PROGRAM IS
   23  ASSESSED BY THE AREA AGENCY OR SUCH AREA AGENCY'S SUBCONTRACTING  ORGAN-
   24  IZATION  TO  PERFORM  SUCH ASSESSMENT.   SUCH ASSESSMENT SHALL DETERMINE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00495-01-3
       A. 1791                             2
    1  THAT THE PERSON REFERRED FOR OR REQUESTING  THE  SERVICES  OF  THE  HOME
    2  DELIVERED  MEAL  ASSISTANCE  PROGRAM  MEETS  THE CRITERIA ESTABLISHED IN
    3  SUBDIVISION TWO OF THIS SECTION.
    4    (A)  THE  AREA  AGENCY MUST ALSO DOCUMENT ADEQUATE FOLLOW-UP AND REAS-
    5  SESSMENT.
    6    (B) THE AREA AGENCY MUST ASSURE THE USE OF STANDARDIZED CLIENT ASSESS-
    7  MENT PROCEDURES THAT ARE CONSISTENT WITH THE OFFICE'S GUIDELINES.
    8    S 2. Reporting. Designated agencies shall report to  the  director  of
    9  the  office  for  the  aging, at a time and manner to be decided upon by
   10  such director, the following:
   11    (a) the number of persons who are on waiting lists pursuant to  subdi-
   12  vision 1 of section 224 of the elder law.
   13    (b)  the  amount  of  local funding each designated agency contributes
   14  towards the home delivered meal assistance program.
   15    (c) the point  during  the  contract  period  each  designated  agency
   16  expends  all  state  funding  for  the  home  delivered  meal assistance
   17  program.
   18    S 3. The director of the office for the aging shall  promulgate  rules
   19  and  regulations  he or she deems appropriate to effectuate the purposes
   20  of this act.
   21    S 4. The responsibility of the area agency shall  be  contingent  upon
   22  the  state  appropriation  received pursuant to subdivision 1 of section
   23  224 of the elder law for such services from the state. In no event shall
   24  this section provide a private right of action by any person against the
   25  area agency.
   26    S 5. This act shall take effect on the one hundred eightieth day after
   27  it shall have become a law.