Bill Text: NY A05367 | 2021-2022 | General Assembly | Amended

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Bill Title: Removes certain restrictions on eligibility for personal and home care services under medicaid.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A05367 Detail]

Download: New_York-2021-A05367-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5367--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        Introduced by M. of A. GOTTFRIED, SIMON -- read once and referred to the
          Committee  on  Health  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the social services law, in relation to removing certain
          restrictions on access to home care services; and  to  repeal  certain
          provisions of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph (i) of  paragraph  (e)  of  subdivision  2  of
     2  section  365-a  of  the  social services law, as amended by section 2 of
     3  part MM of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
     4  follows:
     5    (i)  personal  care  services,  including  personal emergency response
     6  services, shared aide and an individual aide, subject to the  provisions
     7  of  subparagraphs  (ii),  (iii), (iv)[, (v)] and (vi) of this paragraph,
     8  furnished to an individual who is not an  inpatient  or  resident  of  a
     9  hospital,  nursing  facility, intermediate care facility for individuals
    10  with intellectual disabilities, or institution for  mental  disease,  as
    11  determined to meet the recipient's needs for assistance when cost effec-
    12  tive  and  appropriate,  and  when prescribed by a qualified independent
    13  physician selected or approved by the department of health,  in  accord-
    14  ance  with the recipient's plan of treatment and provided by individuals
    15  who are qualified to provide such services,  who  are  supervised  by  a
    16  registered  nurse and who are not members of the recipient's family, and
    17  furnished in the recipient's home or other location;
    18    § 2. Subparagraph (v) of paragraph (e) of  subdivision  2  of  section
    19  365-a of the social services law is REPEALED.
    20    §  3.  Paragraph  (c)  of subdivision 2 of section 365-f of the social
    21  services law, as amended by section 3 of part MM of chapter  56  of  the
    22  laws of 2020, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09428-02-1
        A. 5367--A                          2

     1    (c)  has  been determined by the social services district, pursuant to
     2  an assessment of the person's appropriateness for the program, conducted
     3  with an appropriate long term home health care program, a certified home
     4  health agency, or an AIDS home care program or pursuant to the  personal
     5  care  program,  as  being  in need of home care services or private duty
     6  nursing and [as needing at least limited assistance with physical maneu-
     7  vering with more than two activities of daily  living,  or  for  persons
     8  with  a  dementia  or  Alzheimer's diagnosis, as needing at least super-
     9  vision with more than one activity of daily living,  provided  that  the
    10  provisions related to activities of daily living in this paragraph shall
    11  only  apply to persons who initially seek eligibility for the program on
    12  or after October first, two thousand twenty, and] who is able and  will-
    13  ing  or has a designated representative, including a legal guardian able
    14  and willing to make informed choices, or a designated relative or  other
    15  adult  who  is able and willing to assist in making informed choices, as
    16  to the type and quality of services, including but not limited  to  such
    17  services  as  nursing  care,  personal  care, transportation and respite
    18  services; and
    19    § 4. This act shall take effect immediately.