Provides for the establishment of a senior care choices program to give care and services at home to senior citizens

BILL NUMBER:S8103

Title of bill

An act to amend the elder law, in relation to establishing a senior care choices program in the office for the aging

Purpose or general idea of the bill

This bill creates a federally waivered program under the State Office for the Aging that will help to keep seniors in their own homes and communities. Using the waiver, the office would work with seniors to create a seamless provision of services to seniors before their health becomes chronic and their opportunities for remaining in their own communities limited.

Summary of provisions

This bill adds a new subdivision 8 to section 541 of the elder law, which are the office of the aging statutes in order to create the Senior Care Choices Program as a waivered program under Section 1115 of the Social Security Act. The State Office of the Aging will provide a coordinated plan of care and services at home to seniors in a seamless network that includes services already provided by and through the office and any additional services necessary to maintain such persons at home. The program may also be provided in the home of a responsible relative or other responsible adult, and in adult care facilities, other than shelters for adults.

The measure established the principle for the development of the program, that seniors have the primary authority to make choices that work best for them, regardless of the nature or extent of their disability of the source of payment for services. SOFA is further permitted to waive State requirements that restrict its ability to provide services, so long as the waiver is consistent with the federal 1115 waiver. SOFA is further required to seek to expand source of payment for the program, including from voluntary and willing private sources, insurance plans, charities and foundations, and individuals.

Services provided under the Senior Care Choices Program include services provided by the office, and provided pursuant to the waiver, including but not limited to such long term care services as care, treatment, maintenance, and services provided in a nursing facility licensed under article twenty-eight of the public health law, or provided by a home care services agency, certified home health agency or long term home health care program, as defined in section thirty-six hundred two of the public health law, or provided by an adult day health care program in accordance with regulations of the department of health, or provided by a personal care provider licensed or regulated by any other state or local agency, and such other services for which medical assistance is or otherwise would be available pursuant to the social services law

including those which are designated as long term care services in law or regulations of the department of health, consumer directed personal assistance services, and such other services as home modification, telehealth, pharmacy review, and palliative care.

Justification

This legislation will allow the State Office of the Aging to provide and coordinate services to seniors at home and in their own communities before they become chronic enough to require placement in a nursing home or in another chronic care program.

Legislative history

01/29/04 Referred to Aging 02/17/04 Amend and Recommit to Aging 02/17/04 Print Number 9586a 2005-06 A.7692 Referred to Aging 2007-08 A.1450 Referred to Aging 2007-08 S.458 and A.7692 Referred to Committees on Aging

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.