STATE OF NEW YORK ________________________________________________________________________ 6346 2023-2024 Regular Sessions IN ASSEMBLY April 5, 2023 ___________ Introduced by M. of A. PAULIN, SIMON, EPSTEIN, THIELE, JACKSON, ANDER- SON, ZEBROWSKI, FORREST, LUPARDO, STECK, JOYNER, BRABENEC, MITAYNES, MAMDANI, KELLES, L. ROSENTHAL -- read once and referred to the Commit- tee 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 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 Subparagraph (v) of paragraph (e) of subdivision 2 of section 19 365-a of the social services law is REPEALED. 20 § 3.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. LBD02214-01-3
A. 6346 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.