Provides that the state office for the aging shall be deemed a consumer directed personal assistance service provider

3 Co-sponsors

• John A. DeFrancisco
• Joseph A. Griffo
• George D. Maziarz

BILL NUMBER:S2167

Title of bill

An act to amend the elder law, in relation to consumer directed personal assistance services

Summary of provisions

This bill amends section 214 of the elder law (the State Office for the Aging statutes), by adding a new subdivision 8, Consumer-Directed Personal Assistance Service Provider.

(a) Makes SOFA a participating provider for the purposes of providing consumer directed personal assistance services, and makes the following further modifications concerning services provided by or through the office: "eligible individual" is an individual aged sixty or older who is eligible for long term care and services provided by a certified home health agency, long term home health care program or AIDS home care program, or is eligible for personal care services; or eligible for medical assistance; or has been determined by the social services district as being in need of home care services or private duty nursing; "participating provider" means SOFA, its contractors, and any intermediary service organization. The section provides a number of models under which services may be provided.

(b) Requires SOFA to file within 120 days an application for a federal 1115 waiver and requires other agencies to comply with any request for the filing of such waiver if SOFA lacks authority to file itself. Further requires SOFA to seek to include and provide a seamless network of other services provided through the office where appropriate. Establishes principles for the provision of services, including the principle that individuals have the primary authority to make choices that work best for them, regardless of the nature or extent of their disability or the source of payment for services.

(c) Allows SOFA to waive State rules and regulations which inhibit its ability to provide services, so long as such waiver is consistent with any federal waiver granted pursuant to Section 1115 of the Social Security Act or any successor thereto.

(d) Requires SOFA to expand source of payment for the program, including payments from voluntary and willing private sources, insurance plans, charities and foundations, and individuals.

(e) Permits SOFA to provide or contract for consumer-directed services on a statewide basis, but requires the office to coordinate services with any current provider of consumer directed services. Prohibits a state agency from imposing a limitation on the number of eligible individuals served.

(f) Establishes that the consumer-directed program by SOFA shall not be subject to audit, assessment, suspension, sanction, or report by a state agency, except that it shall be subject to audit by the office of the state comptroller to the extent that such programs would have been subject to audit but for this paragraph.

Justification

The consumer-directed personal assistance services program is a marvelous and flexible way of providing services to individuals, however it is not firmly established with the senior network, and the range of options and benefits has not been fully exploited in New York. This legislation serves several goals: by making SOFA a provider, it will bring the program fully into the senior services network, and by running this part of the program under an 1115 waiver, the program will achieve maximum flexibility. New York has used Medicaid waivers to reorient the state's health care spending away from inpatient facilities towards delivery systems focused on outpatient and primary care. Through this legislation, we can expand this efficient system to seniors.

Legislative history

S.457 - 2007-08 - Aging S.1592 - 2009-10 - Aging

Fiscal implications

To be determined.

Effective date

Immediately.