What's happening
This bill clarifies that "greatest social need" in the Older Americans Act includes barriers related to disability, language, culture, sexual orientation, gender identity, or HIV status.
Why it matters
Expanding the definition of “greatest social need” ensures that state programs for older adults must actively consider and address disadvantages beyond just economic hardship, including those stemming from disability, language, culture, sexual orientation, gender identity, or HIV status.
By specifying these factors in law, the bill seeks to make state agencies more accountable for serving populations that have previously been overlooked or underserved, such as LGBTQ+ elders or those with limited English proficiency.
The amendment may lead to more inclusive program planning, outreach, and resource allocation, potentially improving access to services and supports for marginalized older New Yorkers.
This clarification could also help advocacy groups and service providers better secure funding and tailor services for those facing compounded social barriers, reinforcing equity in aging policy implementation.
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Who cares
Headline styles
Clarify Social Need Definition
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to aging
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8438
IN SENATE
June 1, 2020
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Aging
AN ACT to amend the elder law, in relation to clarifying the meaning of the phrase "greatest social need" for purposes of the administration of programs under the federal Older Americans Act of 1965
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 203 of the elder law is amended to read as follows:
1. The office shall submit to the federal department of health, education and welfare a state plan for purposes of the federal [older] Older Americans [act] Act of 1965 and subsequent amendments thereto. The office shall be the single state agency for supervising the administration of such plan and shall be primarily responsible for coordination of state programs for the aging for purposes of such federal act. The office shall act for the state in any negotiations relative to the submission and approval of such plan and may make such arrangements, not inconsistent with law, as may be required by or pursuant to federal law to obtain and retain such approval and to secure for the state the benefits of the provisions of such federal act. For the purposes of administering the federal Older Americans Act of 1965 and subsequent amendments thereto, the term "greatest social need" shall mean the need caused by non-economic factors that restrict an individual's ability to perform normal daily tasks or that threaten his or her capacity to live independently. These factors include physical or mental disability, language barriers, and cultural or social isolation caused by, among other things, racial and ethnic status, sexual orientation, gender identity or expression, or HIV status.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14916-01-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the elder law, in relation to clarifying the meaning of the phrase "greatest social need" for purposes of the administration of programs under the federal Older Americans Act of 1965
Summary of provisions
Section 1 of the bill amends subdivision 1 of section 203 of the elder law ("Programs for the aging") to state that for the purposes of the New York State Office for the Aging administering the federal Older Ameri- cans Act of 1965, the tern "greatest social need" shall mean the need caused by noneconomic factors that restrict an individual's ability to perform normal daily tasks or that threaten his or her capacity to live independently. Such non-economic factors include physical or mental disability, language barriers, and cultural or social isolation caused by racial and ethnic status, sexual orientation, gender identity or expression, or HIV stats.
Section 2 of the bill is the effective date.
Justification
Since its enactment in 1965 as part of President Lyndon B. Johnson's Great Society agenda, the federal Older Americans Act (OAA) "is consid- ered to be a major vehicle for the organization and delivery of social and nutrition services" for older individuals and their caregivers, authorizing "a wide array of service programs through a national network of ... state agencies on aging," including New York's State Office for the Aging (SOFA)(1) Federal law requires that state plans to administer OAA programs and services target populations in rural areas, with several disabilities, with limited English proficiency, with Alzheimer's and related disorders, those at risk for institutional placement, those with the greatest economic need, and those with the greatest social need.
According to the federal Administration for ,Community Living, the federal-agency responsible for focusing attention and resources on the unique needs of older Americans, the definition of "greatest social need" in the OAA, which includes "isolation caused by racial or ethnic status," the definition is not intended to exclude the targeting of other populations that experience cultural social or geographic isolation due to other factors.
According to SAGE (Services & Advocacy for Gay, Lesbian, Bisexual & Transgender Elders), LGBT older adults often lack traditional sources of support and caregiving, tend to have poorer physical and mental health and higher rates of poverty than their heterosexual counterparts, and face pronounced cultural and social isolation as a result of decades- long experience of real and perceived discrimination. While it is unfortunate that the OAA does not explicitly include LGBT older adults, federal guidance has made it clear that states can include them in their state plans for administering OAA programs and services. This legis- lation would codify the inclusion of LGBT older adults, as well as those older adults living with HIV as populations of greatest social need in New York State Elder Law. By doing so, New York would join other states such as California and Illinois that already recognize the unique social needs of this population, and will ensure that our State is providing LGBT older adults with the services and supports that they need as they age. 1 Administration for Community Living
(https://acl.gov/aboutacl/authorizing- statutes/older-americans-act)
Legislative history
None, new bill.
Fiscal implications
To be determined.
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.