N.Y. Elder Law § 215-b

* § 215-b. Enriched social adult day services demonstration project.\n1. Legislative intent. Social adult day services programs are resources\nthat can help communities maintain the independence of elderly\nresidents. The level of services needed by some elderly persons exceeds\nthe level of assistance currently available through social model adult\nday services programs but is not at the level of support provided in an\nadult day health care program. Social adult day services programs cannot\nenroll new participants whose needs exceed the services that can be\nprovided in the current social adult day services programs.\nAdditionally, these programs must discharge current participants when\ntheir needs cannot be met. Therefore, an enriched social adult day\nservices project shall be established as a demonstration project for the\npurposes of maintaining elderly persons in the community by deterring or\ndelaying institutionalization.\n 2. Definitions. For purposes of this section, the following terms\nshall have the following meanings:\n (a) "Elderly" or "elderly persons" shall mean persons who are sixty\nyears of age or older.\n (b) "Eligible participant" shall mean elderly or elderly persons as\ndefined in this section, who are functionally impaired, as defined in\nsection two hundred fifteen of this title, and in need of services that\nexceed the level of assistance currently available through social adult\nday services programs but not at the level of support provided by adult\nday health care programs.\n (c) "Eligible entity" shall mean any not-for-profit or government\nentity, including the governing body or council of an Indian tribal\nreservation, who has demonstrated to the office and the department of\nhealth, based on criteria developed by the director and the commissioner\nof health, that it can safely provide either directly or through a\ncontract with a licensed health care practitioner or licensed home care\nprovider as defined in section thirty-six hundred five of the public\nhealth law, social adult day care services as defined in section two\nhundred fifteen of this title, as well as additional allowable medical\nservices as developed by the director and the commissioner of health,\nand optional services as defined in this section.\n (d) "Enriched social adult day services demonstration project" or\n"project" shall mean programs eligible under this section that provide\nall of the services currently required for social adult day services\nprograms under section two hundred fifteen of this title in addition to\nenriched services, and may include optional services.\n (e) "Enriched services" shall include the provision of total\nassistance with toileting, mobility, transferring and eating; dispensing\nof medications by a registered nurse; health education; counseling; case\nmanagement; restorative therapies lasting less than six months and\nmaintenance therapies. Total assistance with toileting, mobility,\ntransferring and eating shall be provided under the supervision of a\nlicensed health care provider. Restorative and maintenance therapies\nshall be provided by an appropriately licensed health care provider.\n (f) "Optional services" shall mean other non-medical services approved\nby the director designed to improve the quality of life of eligible\nparticipants by extending their independence, avoiding unnecessary\nhospital and nursing home stays, and sustaining their informal supports.\n 3. Demonstration project. The director, in conjunction with the\ncommissioner of health, is authorized and directed to establish an\nenriched social adult day services demonstration project for the\npurposes of testing innovative ways that social adult day services\nprograms can successfully enable eligible participants to remain\nindependent in their communities by deterring or delaying\ninstitutionalization through the use of enriched services.\n 4. Duties of the director. (a) The director, in conjunction with the\ncommissioner of health, may make up to twenty grants available on a\ncompetitive basis to eligible entities under this section. Such grants\nmay be available for up to two hundred thousand dollars for each\nenriched social adult day services demonstration project and shall be\nfor up to one hundred percent of allowable expenditures for approved\nservices and expenses under this section.\n (b) In making grants, the director, in conjunction with the\ncommissioner of health, may consider:\n (1) projects that can effectively serve eligible participants residing\nin rural, urban, or suburban settings;\n (2) projects that effectively serve culturally diverse populations;\n (3) projects that demonstrate innovative use of technology,\ncoordination, partnerships, transportation or other services to enable\neligible participants to be effectively served;\n (4) the capacity of the eligible entity to identify eligible\nparticipants for enriched adult day services demonstration projects; and\n (5) any other criteria determined to be appropriate.\n 5. Evaluation. On or before January thirtieth, two thousand eleven,\nthe director shall provide the governor, the speaker of the assembly,\nthe temporary president of the senate, and the chairpersons of the\nassembly and senate aging and health committees with a written\nevaluation of the program. The evaluation shall examine the\neffectiveness of the project in forestalling institutional placement,\nthe costs of providing enriched services in a day care setting,\nparticipant satisfaction and program quality, and identification of the\nprogram design elements necessary for successful replication.\n 6. Funds. Funds made available under this section shall supplement and\nnot supplant any federal, state, or local funds expended by any entity,\nincluding a unit of general purpose local government or not-for-profit,\nto provide services under this section. Funds under this section cannot\npay for individuals who are eligible under title nineteen of the federal\nsocial security act.\n * NB Repealed March 31, 2017\n