Bill Text: NY A07320 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows a person legally responsible for an eligible individual's care and support, an eligible individual's spouse or designated representative to be a personal assistant in a consumer directed personal assistance program where such person is the sole person responsible for the eligible individual's care and support.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A07320 Detail]

Download: New_York-2019-A07320-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7320
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 22, 2019
                                       ___________
        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 Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 365-f of the social services  law,
     2  as  amended  by  chapter  511 of the laws of 2015, is amended to read as
     3  follows:
     4    3. Division of responsibilities. Eligible  individuals  who  elect  to
     5  participate  in the program assume the responsibility for services under
     6  such program as mutually  agreed  to  by  the  eligible  individual  and
     7  provider  and as documented in the eligible individual's record, includ-
     8  ing, but not  limited  to,  recruiting,  hiring  and  supervising  their
     9  personal  assistants. For the purposes of this section, personal assist-
    10  ant shall mean an adult who provides services under this section to  the
    11  eligible  individual under the eligible individual's instruction, super-
    12  vision and direction or under the instruction, supervision and direction
    13  of the eligible individual's designated representative, provided that [a
    14  person] persons legally responsible for an  eligible  individual's  care
    15  and  support,  an  eligible  individual's spouse or designated represen-
    16  tative may not be the personal [assistant] assistants for  the  eligible
    17  individual  unless such persons are the only persons responsible for the
    18  eligible individual's care and support; however,  a  personal  assistant
    19  may  include  any  other  adult  relative  of  the  eligible individual,
    20  provided,  however,  that  the  program  determines  that  the  services
    21  provided  by  such  relative are consistent with an individual's plan of
    22  care and that the aggregate cost for such services does not  exceed  the
    23  aggregate  costs  for  equivalent  services  provided  by a non-relative
    24  personal assistant. Such individuals shall be  assisted  as  appropriate
    25  with  service  coverage, supervision, advocacy and management. Providers
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11154-01-9
        A. 7320                             2
     1  shall not be liable for fulfillment of  responsibilities  agreed  to  be
     2  undertaken by the eligible individual.  This subdivision, however, shall
     3  not diminish the participating provider's liability for failure to exer-
     4  cise reasonable care in properly carrying out its responsibilities under
     5  this  program, which shall include monitoring such individual's continu-
     6  ing ability to fulfill those responsibilities documented in his  or  her
     7  records.  Failure  of  the  individual to carry out his or her agreed to
     8  responsibilities may be  considered  in  determining  such  individual's
     9  continued appropriateness for the program.
    10    § 2. This act shall take effect immediately.