STATE OF NEW YORK ________________________________________________________________________ 3503 2025-2026 Regular Sessions IN ASSEMBLY January 28, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Health AN ACT to amend the social services law, in relation to the consumer directed personal assistance program 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,] an eligible individual's 18 spouse or designated representative may not be the personal assistant 19 for the eligible individual; however, a personal assistant may include 20 an eligible individual's parent, adult child, in-law relative or any 21 other adult relative of the eligible individual, provided, however, that 22 the program determines that the services provided by such relative are 23 consistent with an individual's plan of care and that the aggregate cost 24 for such services does not exceed the aggregate costs for equivalent 25 services provided by a non-relative personal assistant. Any personal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07472-01-5
A. 3503 2 1 information submitted to obtain such unique identifier shall be main- 2 tained as confidential pursuant to article six-A of the public officers 3 law ("New York state privacy protection law"). Such individuals shall be 4 assisted as appropriate with service coverage, supervision, advocacy and 5 management. Providers shall not be liable for fulfillment of responsi- 6 bilities agreed to be undertaken by the eligible individual. This subdi- 7 vision, however, shall not diminish the participating provider's liabil- 8 ity for failure to exercise reasonable care in properly carrying out its 9 responsibilities under this program, which shall include monitoring such 10 individual's continuing ability to fulfill those responsibilities docu- 11 mented in [his or her] their records. Failure of the individual to carry 12 out [his or her] their agreed to responsibilities may be considered in 13 determining such individual's continued appropriateness for the program. 14 § 2. This act shall take effect immediately.