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S2034Senate2009-2010 SessionSame asA3696

Creates adult day services respite demonstration programs

Sponsor Martin J. GoldenSD-22+7 co-sponsorsAffects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

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History

  1. Referred to health
  2. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3696Assembly

Creates adult day services respite demonstration programs

In Assembly Committee · Health · Sponsor Steven Englebright

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to creating adult day services respite demonstration programs

Purpose or general idea of the bill

The commissioner of health, in conjunction with the director of the state office for the aging, is authorized to submit amendments to the state plan for medical assistance to develop and implement an adult day services respite demonstration program to test a new model of respite to allow clients access to the services that best fit their needs.

The demonstration program will test a system of reimbursement that reflects the level of service received by the participant rather than the funding source, which will better use already-existing Medicaid and private dollars. Client access to community-based Adult Day Services will be delivered in the least restrictive setting; this is one step that can help encourage the right-sizing of the long term care system while saving dollars and serving more individuals.

Read the full memo (815 words)

Summary of provisions

Adds a new section 2801-g to the public health law creating adult day services respite demonstration programs.

Section 2801-g-1 contains definitions to be used in the legislation.

Section 2801-g-2 authorizes the commissioner of health, in conjunction with the director of the state office for the aging to establish the respite day demonstration program to extend the period a caregiver can remain active in the care of elderly or disabled individuals, avoiding the need for more costly institutional placement.

Section 2801-g-3 establishes 10 demonstration programs with at least one in each of six regions of the state.

Section 2801-g-4 defines what an operator of the demonstration program must ensure in relation to the registrants care plan.

Section 2801-g-5 defines the three levels of reimbursement for the respite day demonstration programs.

Section 2801-g-6 describes the evaluation and reporting requirements of the demonstration.

Section 2801-g-7 authorizes the commissioner to apply for a state plan waiver from the federal government.

Justification

Currently, New Yorkers lack options when it comes to adult day services and respite. There is a moratorium on medical adult day program slots and social adult day programs are underfunded, leaving this important community long-term care option inaccessible for individuals and caregivers.

Insufficient funding for social adult day services forces participants into higher and more costly levels of care than they need and encourages premature entry into public funding streams in order to access any level of adult day services. This model will demonstrate the effectiveness of a new approach that will allow an individual to receive services based on their needs, rather than a one size fits all approach.

The adult day respite demonstration programs model is based on the understanding that the needs of persons with chronic disabilities and their caregivers change over time. Consumer needs are efficiently and effectively met when they receive appropriate services according to their needs. Community goals are best satisfied when the option exists for programs to provide multiple levels of care and a range of services in one setting. At the same time, not every program should be expected or asked to provide all services to all people at all levels of need.

A level of service system for adult day service delivery will:

1. Identify the level of service need for each client through a uniform assessment

2. Describe the services that are to be provided by the adult day services program to address those needs

3. Identify the basic regulations and/or additional regulations with which the program must comply

4. Allow payment to vary according to the level of service provided to the client

This proposal divides services for individuals into three general levels. All individuals will be assessed and routinely re-assessed to determine if they are receiving an appropriate level of service. The minimum service level to participate in adult day services is Level I. Individuals will receive the services outlined in Levels II or III based on individual needs, or as their situation changes.

Every Adult Day Service program will provide a minimum of the core services identified in Level I. Facilities have the option to offer progressively increasing care as described in Levels II and III. Although the proposal describes three levels of service, the needs of the majority of Adult Day Services participants fall into the Level II category. The model described allows the participant's changing level of need to be served within one program or within partnerships built at the community level that will help strengthen the continuum of care. This will be accomplished through the ongoing care coordination and assessment as a client's needs change. Reimbursement will reflect actual services provided. New York State certification/licensing will be based upon the services and staffing provided.

Legislative history

2005-06 A.8650A amended and recommitted to ways and means 2007-08 A.1655 referred to health

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.