Bill Text: NY A05063 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the NY state lifespan respite care program in the office for the aging for purposes of fostering development of community respite care programs.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05063 Detail]
Download: New_York-2019-A05063-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5063 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. RAIA, FINCH, MONTESANO, BLANKENBUSH -- Multi- Sponsored by -- M. of A. BARCLAY, GIGLIO, HAWLEY, KOLB, McDONOUGH, MORINELLO -- read once and referred to the Committee on Aging AN ACT to amend the elder law, in relation to creating the New York state lifespan respite care program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that supporting the efforts of families and caregivers who care 3 for individuals with special needs at home is efficient, cost effective 4 and humane. Families receiving occasional respite care relief are less 5 likely to request admission of an individual with special needs to nurs- 6 ing homes, foster care or other out-of-home care at public expense. 7 Respite care reduces family and caregiver stress, enhances family and 8 caregiver coping ability and strengthens family ability to meet the 9 challenging demands of caring for individuals with special needs. 10 Respite care reduces the risk of abuse and neglect of senior citizens 11 and other vulnerable groups. Coordinated, non-categorical respite care 12 services must be available locally to provide reliable short-term relief 13 when it is needed by families and caregivers regardless of where they 14 live in New York state. 15 Therefore, the legislature finds that a statewide centralized program 16 to provide direction, resources and support for the establishment and 17 operation of community-based respite care programs would serve a purpose 18 beneficial to all the citizens of New York state. 19 § 2. The elder law is amended by adding a new section 215-c to read as 20 follows: 21 § 215-c. Lifespan respite care. 1. Definitions. As used in this 22 section, the following words shall have the following meanings: 23 (a) "Caregiver" shall mean an individual providing ongoing care for an 24 individual with special needs. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07951-01-9A. 5063 2 1 (b) "Community lifespan respite care program" shall mean a non-cate- 2 gorical respite care program that: 3 (1) is operated by community-based private non-profit, for-profit or 4 public agencies that provide respite care services; 5 (2) serves an area of one or more counties; 6 (3) acts as a single local source of information and referral; and 7 (4) facilitates access to local respite care services. 8 (c) "New York state lifespan respite care program" shall mean the 9 program established in the state office for the aging pursuant to subdi- 10 vision two of this section hereinafter referred to as "the program". 11 (d) "Non-categorical care" shall mean care without regard to the 12 status, including but not limited to, age and type of special need, of 13 the individual receiving care. 14 (e) "Provider" shall mean individual or agency selected by a family or 15 caregiver to provide respite care to an individual with special needs. 16 (f) "Respite care" shall mean the provision of short-term relief to 17 primary caregivers from the demands of ongoing care for an individual 18 with special needs. 19 (g) "Respite care services" shall include: 20 (1) recruiting and screening of paid and unpaid respite care provid- 21 ers; 22 (2) identifying local training resources and organizing training 23 opportunities for respite care providers; 24 (3) matching of families and caregivers with providers and other types 25 of respite care; 26 (4) linking families and caregivers with payment resources; 27 (5) identifying, coordinating and developing the community resources 28 for respite care; 29 (6) quality assurance and evaluation; and 30 (7) assisting families and caregivers to identify respite care needs 31 and resources. 32 (h) "Special needs" includes: 33 (1) Alzheimer's disease and related disorders; 34 (2) developmental disabilities; 35 (3) physical disabilities; 36 (4) chronic illness; 37 (5) mental and emotional conditions that require supervision; 38 (6) situations in which a high risk of abuse or neglect exists; and 39 (7) such other situations or conditions as the office may from time to 40 time establish. 41 2. The New York state lifespan respite care program established. (a) 42 The director is authorized and directed to promulgate rules and regu- 43 lations to establish the New York state lifespan respite care program 44 for the purpose of developing and encouraging statewide coordination of 45 respite care and to work with community-based private not-for-profit, 46 for-profit or public agencies and interested citizen groups to foster 47 the establishment of recognized community lifespan respite care programs 48 pursuant to subdivision three of this section. 49 (b) The program shall: 50 (1) provide policy and program development support, including but not 51 limited to data collection and outcome measures; 52 (2) identify and promote resolution of local and state level policy 53 concerns; 54 (3) provide technical assistance to community lifespan respite care 55 programs; 56 (4) develop and distribute respite care information;A. 5063 3 1 (5) promote the exchange of information and coordination among state 2 and local government, community lifespan respite care programs, agencies 3 serving individuals with special needs, families and respite care advo- 4 cates to encourage efficient provision of respite care and reduce dupli- 5 cation of effort; 6 (6) ensure statewide access to community lifespan respite care 7 programs, particularly in rural areas; and 8 (7) monitor and evaluate implementation of community lifespan respite 9 care programs. 10 (c) The director shall appoint an advisory council to the program 11 which shall be composed of qualified individuals including respite care 12 providers, respite care program managers, respite care consumers, family 13 members and other interested individuals. 14 3. Community lifespan respite care programs. (a) The director, through 15 the program established pursuant to subdivision two of this section, 16 shall coordinate the establishment of community lifespan respite care 17 programs. The program shall accept proposals to operate community lifes- 18 pan respite care programs, submitted in the form and manner required by 19 the director, from community based private not-for-profit, for-profit or 20 public agencies that provide respite care services. According to crite- 21 ria established by the office, the program shall designate agencies 22 described in this subdivision as operators of community respite care 23 programs. 24 (b) No later than the first of January, two thousand twenty the office 25 shall designate at least twelve operators of community respite care 26 programs statewide. No later than the first of January, two thousand 27 twenty-one the office shall ensure the designation of at least one oper- 28 ator of community respite care programs in each county in the state. 29 (c) Community lifespan respite care programs established pursuant to 30 this subdivision shall: 31 (1) involve key local individuals and agencies in the community lifes- 32 pan respite care program planning process; 33 (2) include a flexible array of respite care options responsive to 34 family and caregiver needs and available before families and caregivers 35 are in a crisis situation; 36 (3) be sensitive to the unique needs, strengths and multicultural 37 values of an individual, family or caregiver; 38 (4) offer the most efficient access to an array of coordinated respite 39 care services that are built on existing community supports and 40 services; 41 (5) be driven by community strengths, needs and resources; and 42 (6) use a variety of funds and resources, including but not limited 43 to: 44 (i) family or caregiver funds; 45 (ii) private and volunteer resources; 46 (iii) public funds including available federal monies; and 47 (iv) exchange of care among families or caregivers; 48 (7) create an advisory committee composed of fifteen members to advise 49 the community lifespan respite care program on how the program may best 50 serve the needs of families and caregivers of individuals with special 51 needs. At least eight members of such advisory committee shall be fami- 52 ly members and caregivers of individuals with special needs. Other 53 members shall include respite care providers, representatives of local 54 service agencies and other community representatives. Committee member- 55 ship shall represent senior citizens, individuals with special needs, 56 and families at risk of abuse or neglect.A. 5063 4 1 4. Rules and regulations. The director is hereby directed to promul- 2 gate any rules and regulations necessary for the operation and adminis- 3 tration of the New York state respite care program established pursuant 4 to subdivision two of this section, including but not limited to: 5 (a) establishing criteria, procedures and time lines for designation 6 of the community based private not-for-profit, for-profit, or public 7 agencies that will be designated as recognized providers of services 8 under community lifespan respite care programs; and 9 (b) requiring that community lifespan respite care programs publicize 10 the telephone number and address where families and caregivers may 11 contact the state program. 12 § 3. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law. Effective immediately the addition, amend- 14 ment and/or repeal of any rule or regulation necessary for the implemen- 15 tation of this act on its effective date are authorized to be made and 16 completed on or before such date.
