Bill Text: NY S06461 | 2017-2018 | General Assembly | Amended

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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) 2018-02-08 - PRINT NUMBER 6461A [S06461 Detail]

Download: New_York-2017-S06461-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6461--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 23, 2017
                                       ___________
        Introduced  by  Sens.  GOLDEN, FELDER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health --  recom-
          mitted  to  the  Committee on Health in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        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 [a
    14  person]  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11194-02-8
        S. 6461--A                          2
     1  aggregate costs for  equivalent  services  provided  by  a  non-relative
     2  personal  assistant.  Such  individuals shall be assisted as appropriate
     3  with service coverage, supervision, advocacy and  management.  Providers
     4  shall  not  be  liable  for fulfillment of responsibilities agreed to be
     5  undertaken by the eligible individual.  This subdivision, however, shall
     6  not diminish the participating provider's liability for failure to exer-
     7  cise reasonable care in properly carrying out its responsibilities under
     8  this program, which shall include monitoring such individual's  continu-
     9  ing  ability  to fulfill those responsibilities documented in his or her
    10  records. Failure of the individual to carry out his  or  her  agreed  to
    11  responsibilities  may  be  considered  in  determining such individual's
    12  continued appropriateness for the program.
    13    § 2. This act shall take effect immediately.