 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9008
 
                    IN SENATE
 
                                       May 3, 2022
                                       ___________
 
        Introduced  by  Sen. MAY -- (at request of the Office for Aging) -- 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 programs for the aging
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 12 of section 203 of the elder
     2  law, as added by section 1 of part U of chapter 57 of the laws of  2019,
     3  is amended to read as follows:
     4    (a)  The director is hereby authorized to implement private pay proto-
     5  cols for programs and services administered by the office. These  proto-
     6  cols  may  be  implemented by area agencies on aging at their option and
     7  such protocols shall not be applied to services for a  participant  when
     8  being  paid for with federal funds or funds designated as federal match,
     9  or for individuals with an income below [four]  two  hundred  and  fifty
    10  percent  of  the  federal  poverty  level. All private payments received
    11  directly by an area agency on aging or indirectly by one of its contrac-
    12  tors shall be used to supplement, not supplant, funds by state, federal,
    13  or county appropriations. Such private pay payments shall be  set  at  a
    14  cost to the participant of not more than twenty percent above either the
    15  unit  cost to the area agency on aging to provide the program or service
    16  directly, or the amount that the  area  agency  on  aging  pays  to  its
    17  contractor  to  provide  the  program  or  service. Private pay payments
    18  received under this subdivision shall be used  by  the  area  agency  on
    19  aging to first reduce any unmet need for programs and services, and then
    20  to  support and enhance services or programs provided by the area agency
    21  on aging. No participant, regardless of income, shall be required to pay
    22  for any program or service that they are receiving  at  the  time  these
    23  protocols  are implemented by the area agency on aging. This subdivision
    24  shall not prevent cost sharing for the programs and services established
    25  pursuant to section two hundred fourteen of this title [for  individuals
    26  below  four  hundred  percent  of the federal poverty level]. Consistent
    27  with federal and state statute and regulations, when providing  programs
    28  and services, area agencies on aging and their contractors shall contin-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13764-01-2
        S. 9008                             2
 
     1  ue  to  give  priority for programs and services to individuals with the
     2  greatest economic or social needs. In the event  that  the  capacity  to
     3  provide  programs  and  services  is limited, such programs and services
     4  shall  be  provided to individuals with incomes below [four] two hundred
     5  and fifty percent of the federal poverty level before such programs  and
     6  services are provided to those participating in the private pay protocol
     7  pursuant to this subdivision.
     8    § 2. This act shall take effect immediately.
Relates to programs for the aging

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