STATE OF NEW YORK ________________________________________________________________________ 10486 IN ASSEMBLY May 22, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried, Kim) -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to eligibility for medical assistance for personal care services for persons with trau- matic brain injury, cognitive impairments, developmental disabilities, blindness, or visual impairment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (v) of paragraph (e) of subdivision 2 of 2 section 365-a of the social services law, as added by section 2-a of 3 part MM of chapter 56 of the laws of 2020, is amended to read as 4 follows: 5 (v) subject to the availability of federal financial participation, 6 personal care services other than personal emergency response services 7 available pursuant to this paragraph shall be available only to individ- 8 uals assessed as needing at least limited assistance with physical 9 maneuvering with more than two activities of daily living, or for indi- 10 viduals with a dementia or Alzheimer's diagnosis, traumatic brain inju- 11 ry, cognitive impairment, developmental disability, blindness, or visual 12 impairment, assessed as needing at least supervision with more than one 13 activity of daily living, as defined and determined by using an 14 evidenced based validated assessment instrument approved by the commis- 15 sioner and in accordance with regulations of the department and any 16 applicable state and federal laws by an independent assessor. The 17 provisions of this subparagraph shall only apply to individuals who 18 receive an initial authorization for such services on or after October 19 first, two thousand twenty; 20 § 2. Paragraph (c) of subdivision 2 of section 365-f of the social 21 services law, as amended by section 3 of part MM of chapter 56 of the 22 laws of 2020, is amended to read as follows: 23 (c) has been determined by the social services district, pursuant to 24 an assessment of the person's appropriateness for the program, conducted 25 with an appropriate long term home health care program, a certified home 26 health agency, or an AIDS home care program or pursuant to the personal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16428-02-0A. 10486 2 1 care program, as being in need of home care services or private duty 2 nursing and as needing at least limited assistance with physical maneu- 3 vering with more than two activities of daily living, or for persons 4 with a dementia or Alzheimer's diagnosis, traumatic brain injury, cogni- 5 tive impairment, developmental disability, blindness, or visual impair- 6 ment, assessed as needing at least supervision with more than one activ- 7 ity of daily living, provided that the provisions related to activities 8 of daily living in this paragraph shall only apply to persons who 9 initially seek eligibility for the program on or after October first, 10 two thousand twenty, and who is able and willing or has a designated 11 representative, including a legal guardian able and willing to make 12 informed choices, or a designated relative or other adult who is able 13 and willing to assist in making informed choices, as to the type and 14 quality of services, including but not limited to such services as nurs- 15 ing care, personal care, transportation and respite services; and 16 § 3. This act shall take effect October 1, 2020; provided however, 17 that if part MM of chapter 56 of the laws of 2020 shall not have taken 18 effect on or before such date then sections one and two of this act 19 shall take effect on the same date and in the same manner as such chap- 20 ter of the laws of 2020 takes effect.