STATE OF NEW YORK ________________________________________________________________________ 7876 2017-2018 Regular Sessions IN ASSEMBLY May 18, 2017 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Aging AN ACT to amend the elder law, in relation to informal caregiver train- ing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 206 of the elder law, subparagraph 4 of paragraph 2 (a) of subdivision 3 as added by chapter 269 of the laws of 2014, is 3 amended to read as follows: 4 § 206. Informal caregiver training. 1. The director is hereby author- 5 ized and directed, to the extent appropriations are available therefor, 6 to develop, establish and operate training and technical assistance 7 programs, including caregiver resource centers, caregiver networks, and 8 other support activities, for informal caregivers throughout the state 9 for the purposes of assisting such caregivers and improving the quality 10 of care provided [~~to frail and disabled persons~~]. The director shall 11 also make available and encourage the utilization of such training 12 programs in consultation with the commissioner of the department of 13 health, the commissioner of the office of children and family services, 14 the commissioner of the office of mental health, and the commissioner of 15 [~~mental retardation and developmental disabilities~~] the office for 16 people with developmental disabilities. 17 2. Definitions. For the purposes of this section: (a) "Informal care- 18 giver" shall mean the family member or other natural person who normally 19 provides [~~the~~] daily care or supervision [~~of a frail or disabled~~ 20 ~~person~~], or any family member or other natural person who contributes to 21 and is involved in [~~the~~] caretaking responsibilities [~~for such frail or~~ 22 ~~disabled person~~]. Such informal caregiver may provide care for a person 23 in need of assistance, but need not[,] reside in the same household as 24 the [~~frail or disabled~~] person, or may be an older adult providing care 25 to a minor relative in their home. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11667-02-7

A. 7876 2 1 (b) [~~"Frail or disabled person" shall mean any person who is unable to~~ 2 ~~attend to his or her daily needs without the assistance or regular~~ 3 ~~supervision of an informal caregiver due to mental or physical impair-~~ 4 ~~ment. Such definition shall not exclude persons under eighteen years of~~ 5 ~~age who suffer from mental or physical impairment.~~] "Person in need of 6 assistance" shall mean any person who requires assistance with one or 7 more activities of daily living due to: (1) a physical, mental or 8 medical impairment resulting from anatomical, physiological, genetic or 9 neurological conditions which prevents the exercise of a normal bodily 10 function or is demonstrable by medically accepted clinical or laboratory 11 diagnostic techniques, or (2) a condition regarded by others as such an 12 impairment. 13 (c) "Program" shall mean the program of informal caregiver training 14 and technical assistance established by this section. 15 (d) "Caregiver resource center" shall mean a project funded pursuant 16 to this section which provides services and activities which are respon- 17 sive to the needs and contracts of informal caregivers in regard to 18 their caregiving responsibilities. 19 (e) "Caregiver networks" shall mean local coalitions which develop, 20 coordinate, and implement action plans to identify and mobilize 21 resources to address the unmet needs of [~~frail and disabled~~] persons in 22 need of assistance and [~~their~~] informal caregivers. 23 (f) "Older adult" shall mean any person aged sixty years of age or 24 older. 25 (g) "Minor" shall mean a person seventeen years of age or younger. 26 3. (a) The duties of the director pursuant to this section shall 27 include, but not be limited to: 28 (1) developing and [~~make~~] making available or [~~approve~~] approving a 29 curriculum for informal caregiver training which considers and is easily 30 adapted to an array of personal needs and disabilities, and which is 31 sensitive to ethnic and community characteristics; 32 (2) providing technical assistance and training to appropriate organ- 33 izations and groups, including caregiver resource centers and caregiver 34 networks, which, in turn, shall provide training and assistance to 35 informal caregivers; [~~and~~] 36 (3) providing grants to appropriate organizations and groups, includ- 37 ing caregiver resource centers and caregiver networks, to develop and 38 make available approved curricula for informal caregiver training as 39 well as disseminate information regarding the curriculum[.]; and 40 (4) [~~develop~~] developing guidelines for local area agencies on aging 41 in order to provide the following: 42 (i) information and assistance regarding gaining access to available 43 services to assist informal caregivers; 44 (ii) resource referrals for informal caregivers regarding decision- 45 making on behalf of the individual receiving care; and 46 (iii) counseling referrals for informal caregivers. 47 (b) Training and technical assistance shall include, but not be limit- 48 ed to: 49 (1) knowledge of major health problems and diseases, mental [~~and~~] 50 illness, physical disabilities, and the aging process; 51 (2) practical skills required in providing personal care and support; 52 (3) stress awareness and methods of dealing with stress caused by 53 providing care; 54 (4) financial management; and 55 (5) identification and utilization of available resources, including 56 benefits, entitlements, and other programs and assistance.

A. 7876 3 1 4. The director shall: 2 (a) Promulgate any rules and regulations necessary to carry out the 3 provisions of this section. 4 (b) On or before the first day of January every other year, submit a 5 report to the governor, the temporary president of the senate and the 6 speaker of the assembly, which shall include, but not be limited to: 7 (1) a financial report of the program's operation; 8 (2) a profile of persons or groups receiving training and technical 9 assistance pursuant to this section; and 10 (3) an analysis of the program's success in assisting informal care- 11 givers and improving the quality of care provided by such persons. 12 § 2. This act shall take effect immediately.

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