STATE OF NEW YORK ________________________________________________________________________ 10142 IN ASSEMBLY May 9, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kim) -- read once and referred to the Committee on Aging AN ACT to amend the elder law, in relation to social model adult day services programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 215 of the elder law, paragraph (b) of subdivision 2 1 as amended by chapter 296 of the laws of 2021 and paragraph (c) of 3 subdivision 2 as amended by chapter 63 of the laws of 2022, is amended 4 to read as follows: 5 § 215. Social model adult day services programs. 1. Definitions. As 6 used in this section: 7 (a) "Advisory committee for the aging" shall mean the advisory commit- 8 tee for the aging established pursuant to section two hundred ten of 9 this title. 10 (b) "Social adult day services" shall mean a program providing a vari- 11 ety of long term care services to functionally impaired individuals, 12 whether due to physical or cognitive impairments, in a congregate, 13 community, or home setting and pursuant to a person-centered service 14 plan. 15 (c) "Designated agency" shall mean any agency which is either a unit 16 of county government, the city of New York, or the governing body or 17 council of an Indian tribal reservation, or a private not-for-profit 18 agency organized or existing pursuant to the not-for-profit corporation 19 law, which has been designated as an area agency on aging by the state 20 office for the aging pursuant to the federal older Americans act of 21 1965, as amended. 22 (d) "Functionally impaired" shall mean a person who needs the assist- 23 ance of another person in at least one of the following activities of 24 daily living: toileting, mobility, transferring, or eating; or who needs 25 supervision due to cognitive and/or psycho-social impairment. 26 (e) "Social adult day care" shall mean a program providing a variety 27 of comprehensive services to functionally impaired elderly persons as 28 defined in regulations established by the director. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15498-01-4

A. 10142 2 1 2. Duties of the director. (a) The director is authorized and directed 2 to promulgate rules and regulations, establishing standards and require- 3 ments with regard to the operation of all social adult day care programs 4 [~~receiving funding pursuant to this article~~] regardless of whether the 5 program receives funding pursuant to this article, other public funding, 6 or private funding. For a program subject to oversight by both the 7 office pursuant to this section and another state agency, the rules and 8 regulations of the other state agency shall take precedence if there is 9 duplication to the rules and regulations promulgated by the director. 10 The director shall establish a method for a program to notify the office 11 of such duplication. Such standards and requirements shall include, but 12 not be limited to: 13 (1) services to be provided; 14 (2) admission criteria; 15 (3) participant cost-sharing; 16 (4) assessment and enrollment; 17 (5) staffing; 18 (6) monitoring and evaluation of programs; and 19 (7) any other standards or requirements which the director determines 20 to be appropriate. 21 (b) Rules and regulations promulgated by the director pursuant to this 22 subdivision shall also direct how social adult day care will be included 23 in the planning currently required of designated agencies. 24 (c) The director shall develop materials for employees and volunteers 25 of programs providing social adult day services or social adult day care 26 on the signs and symptoms of elder abuse, which shall include identity 27 theft. Such materials shall include, but not be limited to, ways to 28 discuss suspected elder abuse with seniors where abuse is suspected and 29 resources to which seniors may be referred for counseling, shelter, or 30 other assistance. 31 (d) The director shall inspect each social adult day care program 32 prior to operating and no less than once every five years. Such 33 inspection shall ensure that the program has met the standards and 34 requirements established by the director, including but not limited to a 35 determination that the program has the necessary physical capacity to 36 provide services for the number of people enrolled in such program. Upon 37 successful completion of such inspection, the program shall be issued a 38 certificate of inspection by the director. If a program is inspected and 39 does not meet the standards and requirements established by the direc- 40 tor, such program shall be given ninety days to correct any deficiencies 41 as determined by the director. 42 (e) By January first, two thousand thirty, and annually thereafter, 43 the director shall collect and maintain for inspection by designated 44 agencies the self-certification submitted by each program pursuant to 45 subdivision five of this section. 46 3. Funding for social adult day care programs. 47 (a) Beginning with amounts appropriated in the two thousand five 48 fiscal year, the director shall, within amounts appropriated therefor, 49 make grants available on a competitive basis to not-for-profit or local 50 government operated social adult day care programs for functionally 51 impaired elderly persons, with consideration of regional needs and a 52 broad array of models. Such grants shall equal seventy-five percent of 53 allowable expenditures for approved services pursuant to this section; 54 provided however that the director may accept certain in-kind equiv- 55 alents to comprise the required twenty-five percent match; and provided 56 further, in the case of providers which can demonstrate financial need,

A. 10142 3 1 the director may make grants of up to one hundred percent of allowable 2 expenditures pursuant to this section. 3 (b) Beginning with the first year that the annual increase in amounts 4 appropriated for the purposes of this section shall equal at least five 5 million dollars, for that increase and all increases thereafter, the 6 director shall distribute such increases to designated agencies for the 7 provision of social adult day care programs for functionally impaired 8 elderly persons based on a formula developed by the office which shall 9 consider at least the following: the number of elderly persons in the 10 area; and the number of functionally impaired elderly persons in the 11 area as determined by the office. Base funding established under para- 12 graph (a) of this subdivision shall continue to be distributed as 13 provided in paragraph (a) of this subdivision. Within the amounts appro- 14 priated therefor, designated agencies authorized to provide social adult 15 day care under this section shall be eligible for reimbursement from the 16 state for seventy-five percent of allowable expenditures for approved 17 social adult day care services pursuant to this section up to a level 18 authorized by the director; provided however, that certain in-kind 19 equivalents may comprise the twenty-five percent match. 20 (c) The office may use up to three percent of the total of any funding 21 appropriated pursuant to this section for administration. 22 (d) The designated agency may use up to three percent of the total of 23 any funds provided to the designated agency pursuant to this section for 24 administration. 25 4. Funding eligibility. (a) Funding pursuant to this section shall not 26 be available to social adult day care programs for services provided to 27 elderly persons who are eligible for or receiving comparable services to 28 those defined in this section pursuant to title eighteen, nineteen or 29 twenty of the federal social security act, or any other government 30 program. In addition, funding pursuant to this section shall not 31 supplant any existing public or private funding for social adult day 32 care programs. 33 (b) No social adult day care program shall be eligible to receive 34 funding pursuant to this section or any other public funding for social 35 adult day care programs until they have received a certification of 36 inspection, as defined in paragraph (d) of subdivision two of this 37 section, by the director. 38 (c) Notwithstanding paragraph (b) of this subdivision, any existing 39 social adult day care program receiving funding pursuant to this section 40 or any other public funding prior to December thirty-first, two thousand 41 twenty-four shall be inspected pursuant to paragraph (d) of subdivision 42 two of this section on or before December thirty-first, two thousand 43 twenty-nine. Until an initial inspection is conducted, an existing 44 social adult day care program receiving funding pursuant to this section 45 or any other public funding shall not require a certificate of 46 inspection to be eligible to receive such funding. 47 (d) A social adult day care program that does not correct deficiencies 48 as required by paragraph (d) of subdivision two of this section may no 49 longer be eligible for funding as determined by the director. 50 5. Self-Certification. Beginning January first, two thousand thirty, 51 each social adult day care program shall conduct an annual self-certifi- 52 cation of its administrative, fiscal, and programmatic operations, 53 including feedback from participants and caregivers and submit such 54 self-certification to the director. Failure to submit such self-certifi- 55 cation shall result in the program being ineligible to receive public 56 funding.

A. 10142 4 1 6. Program identification and marketing. No person or entity shall 2 identify or market themselves as providing a social adult day care 3 program unless they meet the requirements of this section. 4 7. Report of director. The director, after consultation with [~~his or~~ 5 ~~her~~] such director's advisory committee, affected state agencies, any 6 affected municipal agencies and persons involved in providing social 7 adult day care services, shall make a report, on or before December 8 thirty-first, two thousand five, to the governor, the temporary presi- 9 dent of the senate, the speaker of the assembly, the chair of the senate 10 standing committee on aging and the chair of the assembly standing 11 committee on aging on the projected costs and benefits of establishing 12 uniform standards and requirements with regard to operation of social 13 adult day care services in the state. The report shall include the 14 director's findings, recommendations and estimate of the fiscal impli- 15 cations of regulating social adult day care services in the state. 16 § 2. This act shall take effect immediately.

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