Bill Text: NY A08332 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands which individuals qualify to be an individual's personal assistant for the purposes of consumer directed personal assistance programs to include an eligible individual's attorney-in-fact, health care proxy, or legal guardian.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A08332 Detail]

Download: New_York-2023-A08332-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8332

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Health

        AN  ACT to amend the social services law, in relation to expanding which
          individuals qualify to be an individual's personal assistant  for  the
          purposes of consumer directed personal assistance programs

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

     1    Section 1. Subdivision 3 of section 365-f of the social services  law,
     2  as amended by section 9 of part QQ of chapter 56 of the laws of 2020, is
     3  amended to read as follows:
     4    3.  Division  of  responsibilities.  Eligible individuals who elect to
     5  participate in the program assume the responsibility for services  under
     6  such  program  as  mutually  agreed  to  by  the eligible individual and
     7  provider and as documented in the eligible individual's record,  includ-
     8  ing,  but  not  limited  to,  recruiting,  hiring  and supervising their
     9  personal assistants. For the purposes of this section, personal  assist-
    10  ant shall mean an adult who has obtained an individual unique identifier
    11  from  the  state  by  or before a date determined by the commissioner of
    12  health in consultation with the Medicaid inspector general, and provides
    13  services under this section to the eligible individual under the  eligi-
    14  ble  individual's  instruction,  supervision  and direction or under the
    15  instruction, supervision and  direction  of  the  eligible  individual's
    16  designated  representative,  provided that a [person legally responsible
    17  for an eligible individual's care and support,] parent  of  an  eligible
    18  individual  who has not reached the age of eighteen years or an eligible
    19  individual's spouse or designated representative may not be the personal
    20  assistant for the eligible individual [; however, a]. A personal assist-
    21  ant may include any other adult, including  any  other  adult  relative,
    22  attorney-in-fact,  health  care proxy, or legal guardian of the eligible
    23  individual, provided, however, that  the  program  determines  that  the
    24  services  provided  by such relative are consistent with an individual's

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06900-01-3
        A. 8332                             2

     1  plan of care and that the aggregate cost  for  such  services  does  not
     2  exceed the aggregate costs for equivalent services provided by a non-re-
     3  lative  personal assistant. Any personal information submitted to obtain
     4  such  unique  identifier shall be maintained as confidential pursuant to
     5  article six-A of the  public  officers  law  ("New  York  state  privacy
     6  protection law"). Such individuals shall be assisted as appropriate with
     7  service coverage, supervision, advocacy and management.  Providers shall
     8  not be liable for fulfillment of responsibilities agreed to be undertak-
     9  en  by  the  eligible  individual.  This subdivision, however, shall not
    10  diminish the participating provider's liability for failure to  exercise
    11  reasonable care in properly carrying out its responsibilities under this
    12  program,  which  shall  include  monitoring such individual's continuing
    13  ability to fulfill those  responsibilities  documented  in  his  or  her
    14  records.  Failure  of  the  individual to carry out his or her agreed to
    15  responsibilities may be  considered  in  determining  such  individual's
    16  continued appropriateness for the program.
    17    §  2.  The  commissioner  of health is authorized and directed to seek
    18  additional federal funding to maximize federal  financial  participation
    19  with respect to the consumer directed personal assistance program and to
    20  seek such other federal approvals as applicable.
    21    § 3. This act shall take effect immediately.