Bill Text: NY S05028 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S05028 Detail]

Download: New_York-2021-S05028-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5028

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 22, 2021
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        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 follows:
     4    (i) personal care  services,  including  personal  emergency  response
     5  services,  shared aide and an individual aide, subject to the provisions
     6  of subparagraphs (ii), (iii), (iv)[, (v)] and (vi)  of  this  paragraph,
     7  furnished  to  an  individual  who  is not an inpatient or resident of a
     8  hospital, nursing facility, intermediate care facility  for  individuals
     9  with  intellectual  disabilities,  or institution for mental disease, as
    10  determined to meet the recipient's needs for assistance when cost effec-
    11  tive and appropriate, and when prescribed  by  a  qualified  independent
    12  physician  selected  or approved by the department of health, in accord-
    13  ance with the recipient's plan of treatment and provided by  individuals
    14  who  are  qualified  to  provide  such services, who are supervised by a
    15  registered nurse and who are not members of the recipient's family,  and
    16  furnished in the recipient's home or other location;
    17    §  2.  Subparagraph  (v)  of paragraph (e) of subdivision 2 of section
    18  365-a of the social services law is REPEALED.
    19    § 3. Paragraphs (b), (c) and (d) of subdivision 2 of section 365-f  of
    20  the  social  services law, paragraphs (b) and (d) as added by chapter 81
    21  of the laws of 1995, paragraph (c) as amended by section 3 of part MM of
    22  chapter 56 of the laws of 2020, are amended to read as follows:
    23    (b) is eligible for medical assistance[;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09428-01-1
        S. 5028                             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 willing
    13  or  has a designated representative, including a legal guardian able and
    14  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    [(d)] (c) meets such other criteria, as  may  be  established  by  the
    20  commissioner,  which  are  necessary to effectively implement the objec-
    21  tives of this section.
    22    § 4. This act shall take effect immediately.