What's happening
This bill allows certain legally responsible persons to serve as personal assistants in the Consumer Directed Personal Assistance Program if they are the only available caregivers.
Why it matters
Expands caregiver options for individuals with disabilities or chronic conditions. By allowing legally responsible persons (like parents or guardians) to serve as paid personal assistants if they are the only available caregivers, the bill addresses situations where finding outside help is difficult or impossible.
Addresses workforce shortages and rural/underserved areas. This change could be especially impactful in regions where home care providers are scarce, helping families avoid institutionalization for their loved ones simply due to lack of available workers.
Maintains safeguards and cost controls. The legislation keeps requirements that services must align with the individual's care plan and that costs for relatives serving as caregivers cannot exceed those for non-relatives, aiming to prevent abuse of the program and protect Medicaid resources.
May improve quality and continuity of care. Allowing a familiar, invested caregiver to provide direct support—when no one else is available—can reduce turnover and stress for both the consumer and the family, potentially leading to better health and satisfaction outcomes.
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Who cares
Consumer directed personal assistance program participants
The bill would let otherwise barred caregivers serve as their personal assistants if those caregivers are the only persons 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 alone are responsible for the participant’s care and support.
- Watching
Participating providers
Providers would need to account for the new caregiver eligibility exception while retaining their responsibility to monitor participants’ ability to carry out their agreed program duties.
Headline styles
Let Relatives Be 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
393
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
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 section 9 of part QQ of chapter 56 of the laws of 2020, 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 has obtained an individual unique identifier from the state by or before a date determined by the commissioner of health in consultation with the Medicaid inspector general, and 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01601-01-5
services does not exceed the aggregate costs for equivalent services provided by a non-relative personal assistant. Any personal information submitted to obtain such unique identifier shall be maintained as confidential pursuant to article six-A of the public officers law ("New York state privacy protection law"). Such individuals shall be assisted as appropriate with service coverage, supervision, advocacy and management. Providers 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] the individual's records. Failure of the individual to carry out [his or her] the individual's 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.