What's happening
This bill amends the rules for consumer directed personal assistance programs to allow certain legally responsible persons to serve as personal assistants if they are the only ones responsible for the individual's care.
Why it matters
Expands who can serve as personal assistants. By allowing legally responsible persons to serve as personal assistants if they are the only ones responsible for the individual's care, the bill addresses situations where no other caregiver is available, potentially reducing gaps in care for people with high needs or limited family support.
Aims to keep individuals at home. This change could help more individuals with disabilities or chronic illnesses remain in their homes and communities, rather than being forced into institutional care due to caregiver shortages.
May impact Medicaid spending and oversight. Allowing legally responsible persons (like parents of minors or guardians) to be paid caregivers could increase Medicaid costs, but might also streamline oversight and ensure care continuity, as these caregivers are already responsible for the individual's well-being.
Raises questions about quality and conflict of interest. While it addresses practical caregiving challenges, this amendment could raise concerns about the quality and objectivity of care, as well as the potential for conflicts of interest when a family member is both the caregiver and the legal guardian.
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Who cares
Consumer directed personal assistance program participants
The bill would allow otherwise barred caregivers to serve as their personal assistants if those caregivers are the only people responsible for their care and support.
Spouses, designated representatives and legally responsible caregivers
The bill would create an exception allowing them to serve as personal assistants when they are the only people responsible for the participant’s care and support.
- Watching
Consumer directed personal assistance providers
Providers would need to account for the new eligibility exception while retaining their responsibility to monitor participants’ ability to fulfill their program duties.
Headline styles
Allow Family as Caregivers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7320
2019-2020 Regular Sessions
IN ASSEMBLY
April 22, 2019
Introduced by M. of A. EICHENSTEIN -- read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to consumer directed personal assistance programs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 365-f of the social services law, as amended by chapter 511 of the laws of 2015, is amended to read as follows:
3. Division of responsibilities. Eligible individuals who elect to participate in the program assume the responsibility for services under such program as mutually agreed to by the eligible individual and provider and as documented in the eligible individual's record, including, but not limited to, recruiting, hiring and supervising their personal assistants. For the purposes of this section, personal assistant shall mean an adult who provides services under this section to the eligible individual under the eligible individual's instruction, supervision and direction or under the instruction, supervision and direction of the eligible individual's designated representative, provided that [a person] persons legally responsible for an eligible individual's care and support, an eligible individual's spouse or designated representative may not be the personal [assistant] assistants for the eligible individual unless such persons are the only persons responsible for the eligible individual's care and support; however, a personal assistant may include any other adult relative of the eligible individual, provided, however, that the program determines that the services provided by such relative are consistent with an individual's plan of care and that the aggregate cost for such services does not exceed the aggregate costs for equivalent services provided by a non-relative personal assistant. Such individuals shall be assisted as appropriate with service coverage, supervision, advocacy and management. Providers
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11154-01-9
A. 7320 2
shall not be liable for fulfillment of responsibilities agreed to be undertaken by the eligible individual. This subdivision, however, shall not diminish the participating provider's liability for failure to exercise reasonable care in properly carrying out its responsibilities under this program, which shall include monitoring such individual's continuing ability to fulfill those responsibilities documented in his or her records. Failure of the individual to carry out his or her agreed to responsibilities may be considered in determining such individual's continued appropriateness for the program.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.