Bill Text: NY S05209 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to informal caregiver training; defines "person in need of assistance"; and expands who may serve as an "informal caregiver".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-02-24 - referred to ways and means [S05209 Detail]

Download: New_York-2019-S05209-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5209--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 16, 2019
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Aging  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the elder law, in relation to informal caregiver train-
          ing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 206 of the elder law, subparagraph 4 of paragraph
     2  (a) of subdivision 3 as added by chapter 269 of the  laws  of  2014,  is
     3  amended to read as follows:
     4    §  206. Informal caregiver training. 1. The director is hereby author-
     5  ized and directed, to the extent appropriations are available  therefor,
     6  to  develop,  establish  and  operate  training and technical assistance
     7  programs, including caregiver resource centers, caregiver networks,  and
     8  other  support  activities, for informal caregivers throughout the state
     9  for the purposes of assisting such caregivers and improving the  quality
    10  of  care  provided  [to  frail and disabled persons]. The director shall
    11  also make available and  encourage  the  utilization  of  such  training
    12  programs  in  consultation  with  the  commissioner of the department of
    13  health, the commissioner of the office of children and family  services,
    14  the commissioner of the office of mental health, and the commissioner of
    15  [mental  retardation  and  developmental  disabilities]  the  office for
    16  people with developmental disabilities.
    17    2. Definitions. For the purposes of this section: (a) "Informal  care-
    18  giver" shall mean the family member or other natural person who normally
    19  provides [the] daily care or supervision [of a frail or disabled person]
    20  of a person in need of assistance, or any family member or other natural
    21  person  who contributes to and is involved in [the] caretaking responsi-
    22  bilities [for such frail or disabled person] for a  person  in  need  of
    23  assistance.  Such  informal  caregiver  may provide care for a person in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04310-04-9
        S. 5209--A                          2

     1  need of assistance, but need not[,] reside in the same household as  the
     2  [frail or disabled] person, or may be an older adult providing care to a
     3  minor relative in their home.
     4    (b) ["Frail or disabled person" shall mean any person who is unable to
     5  attend  to  his  or  her  daily  needs without the assistance or regular
     6  supervision of an informal caregiver due to mental or  physical  impair-
     7  ment.  Such definition shall not exclude persons under eighteen years of
     8  age who suffer from mental or physical impairment.] "Person in  need  of
     9  assistance"  shall  mean  any person who requires assistance with one or
    10  more activities of daily living  or  instrumental  activities  of  daily
    11  living.
    12    (c)  "Program"  shall  mean the program of informal caregiver training
    13  and technical assistance established by this section.
    14    (d) "Caregiver resource center" shall mean a project  funded  pursuant
    15  to this section which provides services and activities which are respon-
    16  sive  to  the  needs  and  contracts of informal caregivers in regard to
    17  their caregiving responsibilities.
    18    (e) "Caregiver networks" shall mean local  coalitions  which  develop,
    19  coordinate,   and  implement  action  plans  to  identify  and  mobilize
    20  resources to address the unmet needs of [frail and disabled] persons  in
    21  need of assistance and [their] informal caregivers.
    22    (f)  "Older  adult"  shall  mean any person aged sixty years of age or
    23  older.
    24    (g) "Minor" shall mean a person seventeen years of age or younger.
    25    3. (a) The duties of the  director  pursuant  to  this  section  shall
    26  include, but not be limited to:
    27    (1)  developing  and  [make] making available or [approve] approving a
    28  curriculum for informal caregiver training which considers and is easily
    29  adapted to an array of personal needs and  disabilities,  and  which  is
    30  sensitive to ethnic and community characteristics;
    31    (2)  providing technical assistance and training to appropriate organ-
    32  izations and groups, including caregiver resource centers and  caregiver
    33  networks,  which,  in  turn,  shall  provide  training and assistance to
    34  informal caregivers; [and]
    35    (3) providing grants to appropriate organizations and groups,  includ-
    36  ing  caregiver  resource  centers and caregiver networks, to develop and
    37  make available approved curricula for  informal  caregiver  training  as
    38  well as disseminate information regarding the curriculum[.]; and
    39    (4)  [develop]  developing guidelines for local area agencies on aging
    40  in order to provide the following:
    41    (i) information and assistance regarding gaining access  to  available
    42  services to assist informal caregivers;
    43    (ii)  resource  referrals  for informal caregivers regarding decision-
    44  making on behalf of the individual receiving care; and
    45    (iii) counseling referrals for informal caregivers.
    46    (b) Training and technical assistance shall include, but not be limit-
    47  ed to:
    48    (1) knowledge of major health  problems  and  diseases,  mental  [and]
    49  illness, physical disabilities, and the aging process;
    50    (2) practical skills required in providing personal care and support;
    51    (3)  stress  awareness  and  methods  of dealing with stress caused by
    52  providing care;
    53    (4) financial management; and
    54    (5) identification and utilization of available  resources,  including
    55  benefits, entitlements, and other programs and assistance.
    56    4. The director shall:
        S. 5209--A                          3

     1    (a)  Promulgate  any  rules and regulations necessary to carry out the
     2  provisions of this section.
     3    (b)  On  or before the first day of January every other year, submit a
     4  report to the governor, the temporary president of the  senate  and  the
     5  speaker of the assembly, which shall include, but not be limited to:
     6    (1) a financial report of the program's operation;
     7    (2)  a  profile  of persons or groups receiving training and technical
     8  assistance pursuant to this section; and
     9    (3) an analysis of the program's success in assisting  informal  care-
    10  givers and improving the quality of care provided by such persons.
    11    § 2. This act shall take effect immediately.