S T A T E O F N E W Y O R K
________________________________________________________________________
4446
2009-2010 Regular Sessions
I N S E N A T E
April 23, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to defining the
kind of assistance required for a recipient to obtain medicaid
personal care services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (e) of subdivision 2 of section 365-a of the
2 social services law, as amended by chapter 170 of the laws of 1994, is
3 amended to read as follows:
4 (e) personal care services, including personal emergency response
5 services, shared aide and an individual aide, furnished to an individual
6 who is not an inpatient or resident of a hospital, nursing facility,
7 intermediate care facility for the mentally retarded, or institution for
8 mental disease, as determined to meet the recipient's needs for assist-
9 ance [when cost effective and appropriate in accordance with section
10 three hundred sixty-seven-k and section three hundred sixty-seven-o of
11 this title], INCLUDING HANDS-ON ASSISTANCE, SUPERVISION AND CUING, TO
12 ENSURE SAFE PERFORMANCE OF ALL ACTIVITIES OF DAILY LIVING AND INSTRU-
13 MENTAL ACTIVITIES OF DAILY LIVING FOR PERSONS WITH PHYSICAL OR COGNITIVE
14 IMPAIRMENTS, and when prescribed by a physician, in accordance with the
15 recipient's plan of treatment and provided by individuals who are quali-
16 fied to provide such services, who are supervised by a registered nurse
17 and who are not members of the recipient's family, and furnished in the
18 recipient's home or other location.
19 ASSISTANCE WITH ACTIVITIES OF DAILY LIVING, AS USED IN THIS PARAGRAPH,
20 INCLUDES ASSISTANCE WITH EATING, BATHING, DRESSING, GROOMING, TOILETING,
21 MAINTAINING CONTINENCE, TRANSFERRING, MOBILITY INSIDE AND OUTSIDE OF THE
22 HOME, AND ASSISTANCE WITH THE ADMINISTRATION OF MEDICATIONS BY THE
23 RECIPIENT. ASSISTANCE WITH INSTRUMENTAL ACTIVITIES OF DAILY LIVING, AS
24 USED IN THIS PARAGRAPH, INCLUDES ASSISTANCE WITH MEAL PREPARATION, SHOP-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07065-03-9
S. 4446 2
1 PING, LAUNDRY, HOUSEKEEPING (MAKING AND CHANGING BEDS, WASHING DISHES,
2 VACUUMING, SWEEPING, AND DUSTING), USING THE TELEPHONE, PAYMENT OF
3 BILLS, AND OTHER ESSENTIAL ERRANDS;
4 S 2. This act shall take effect on the one hundred twentieth day after
5 it shall have become a law, provided, however, that effective immediate-
6 ly, the addition, amendment and/or repeal of any rules or regulations
7 necessary for the implementation of the foregoing section of this act on
8 its effective date is authorized and directed to be made and completed
9 on or before such effective date.