Bill Text: NY S03055 | 2021-2022 | General Assembly | Amended

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Bill Title: Provides eligibility for medical assistance for personal care services for persons with traumatic brain injury, developmental disability, cognitive impairments, blindness or visual impairment.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S03055 Detail]

Download: New_York-2021-S03055-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3055--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by  Sens.  RIVERA,  BIAGGI, GAUGHRAN, HOYLMAN, JACKSON, LIU,
          MAY, MYRIE -- read twice and ordered printed, and when printed  to  be
          committed  to  the  Committee  on Health -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07223-03-1
        S. 3055--A                          2

     1    §  2.  Paragraph  (c)  of subdivision 2 of section 365-f of the social
     2  services law, as amended by section 3 of part MM of chapter  56  of  the
     3  laws of 2020, is amended to read as follows:
     4    (c)  has  been determined by the social services district, pursuant to
     5  an assessment of the person's appropriateness for the program, conducted
     6  with an appropriate long term home health care program, a certified home
     7  health agency, or an AIDS home care program or pursuant to the  personal
     8  care  program,  as  being  in need of home care services or private duty
     9  nursing and as needing at least limited assistance with physical  maneu-
    10  vering  with  more  than  two activities of daily living, or for persons
    11  with a dementia or Alzheimer's diagnosis, traumatic brain injury, cogni-
    12  tive impairment, developmental disability, blindness, or visual  impair-
    13  ment, assessed as needing at least supervision with more than one activ-
    14  ity  of daily living, provided that the provisions related to activities
    15  of daily living in this  paragraph  shall  only  apply  to  persons  who
    16  initially  seek  eligibility  for the program on or after October first,
    17  two thousand twenty, and who is able and willing  or  has  a  designated
    18  representative,  including  a  legal  guardian  able and willing to make
    19  informed choices, or a designated relative or other adult  who  is  able
    20  and  willing  to  assist  in making informed choices, as to the type and
    21  quality of services, including but not limited to such services as nurs-
    22  ing care, personal care, transportation and respite services; and
    23    § 3. This act shall take effect immediately.