Bill Text: NY A09717 | 2017-2018 | General Assembly | Introduced
Bill Title: Allows a person legally responsible for an eligible individual's care and support, an eligible individual's spouse or designated representative to be a personal assistant in a consumer directed personal assistance program where such person is the sole person responsible for the eligible individual's care and support.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-02 - referred to health [A09717 Detail]
Download: New_York-2017-A09717-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9717 IN ASSEMBLY February 2, 2018 ___________ Introduced by M. of A. HIKIND -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to 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 chapter 511 of the laws of 2015, is amended to read as 3 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 provides services under this section to the 11 eligible individual under the eligible individual's instruction, super- 12 vision and direction or under the instruction, supervision and direction 13 of the eligible individual's designated representative, provided that [a14person] persons legally responsible for an eligible individual's care 15 and support, an eligible individual's spouse or designated represen- 16 tative may not be the personal [assistant] assistants for the eligible 17 individual unless such persons are the only persons responsible for the 18 eligible individual's care and support; however, a personal assistant 19 may include any other adult relative of the eligible individual, 20 provided, however, that the program determines that the services 21 provided by such relative are consistent with an individual's plan of 22 care and that the aggregate cost for such services does not exceed the 23 aggregate costs for equivalent services provided by a non-relative 24 personal assistant. Such individuals shall be assisted as appropriate 25 with service coverage, supervision, advocacy and management. Providers 26 shall not be liable for fulfillment of responsibilities agreed to be 27 undertaken by the eligible individual. This subdivision, however, shall 28 not diminish the participating provider's liability for failure to exer- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11194-03-8A. 9717 2 1 cise reasonable care in properly carrying out its responsibilities under 2 this program, which shall include monitoring such individual's continu- 3 ing ability to fulfill those responsibilities documented in his or her 4 records. Failure of the individual to carry out his or her agreed to 5 responsibilities may be considered in determining such individual's 6 continued appropriateness for the program. 7 § 2. This act shall take effect immediately.
