N.Y. MHY Law § 41.40*2 — New York Code / Act MHY / Title E / Article 41 / Section 41.40*2
Respite services
Status: in_force

* § 41.40 Respite services.\n  (a) Definitions. When read in this article:\n  1. "Respite" shall mean the provision of intermittent temporary\nsubstitute care of mentally retarded or developmentally disabled persons\non behalf of and in the absence of the parent or legal guardian of the\nmentally retarded or developmentally disabled person, for the purpose of\nproviding relief from the stresses of responsibilities concommitant with\nproviding continued care. Respite shall not exceed forty-two days in any\ncalendar year for any individual except where authorized by the\ncommissioner, subject to the approval of the director of the budget.\n  2. "Provider" shall mean any person, firm, corporation, governmental\nsubdivision or state agency which renders respite services including,\nbut not limited to: individuals, family care providers and volunteers.\nIndividuals who are a parent or legal guardian of a disabled person\nreceiving the respite service may be providers only where respite\nservice is rendered as part of a voluntary in-kind program approved\nhereunder.\n  3. "Sponsor" shall mean any person, firm, corporation, governmental\nsubdivision or state agency approved by the commissioner which contracts\nwith the office for purposes of a demonstration project pursuant to this\nchapter and which is responsible for the recruitment, coordination and\narrangement of provider services in a manner which meets client needs,\nthe general supervision of the demonstration project, and the submission\nof such information or reports as may be required by the commissioner.\n  (b) Respite demonstration programs. 1. The commissioner is hereby\nauthorized to establish respite demonstration projects for the purposes\nof establishing eligibility criteria for respite services; evaluating\nthe demand for respite services and the means of effectively,\nefficiently and economically meeting such demand; ascertaining the\nrespite services available and necessary to meet the demand; evaluating\nthe effectiveness of utilizing paid providers which are not state\nagencies for the provision of respite services; evaluating the viability\nof financing the provision of respite services through user fees and by\nlocal government units; evaluating the effectiveness and efficiency of\nutilizing a program of voluntary in-kind services for the provision of\nrespite; evaluating the relationship between respite and the need for\ninstitutionalization; identifying the costs of providing such services;\nand the effectiveness of continuing such projects. The commissioner\nshall establish regulations as may be necessary for the implementation\nof such demonstration projects.\n  2. The commissioner is authorized to demonstrate, where appropriate,\nthe viability of the provision of insurance coverage necessary to\nprotect and defend providers from liability for claims arising out of\nthe provision of voluntary in-kind respite services.\n  3. The commissioner, within four months after the effective date of\nthis section, shall publicize the existence of, and make available,\napplication forms for such demonstration projects.\n  4. Such application forms shall contain notification of the purposes\nof respite projects as set forth in paragraph one of this subdivision\nand shall require the submission of such information as the commissioner\ndeems necessary for the evaluation of such proposed demonstration\nprojects. This information shall include, but not be limited to:\n  i. the identity and qualifications of the sponsor and provider or\nproviders and a plan for the coordination of their services;\n  ii. the assessment of the demand and availability for respite services\nwithin the community to be served;\n  iii. evidence of the level of community support and participation;\n  iv. a fiscal plan, including specific provisions for the utilization\nof existing reimbursement and funding sources, and availability of\npotential funding sources; and\n  v. plans for publicizing the purpose of the project and the services\nto be provided, including the identities, services and charges of each\nparticipating provider.\n  5. All applications shall be received by the commissioner no later\nthan January first, nineteen hundred eighty-three at which time the\ncommissioner shall have four weeks to review and certify projects and,\nsubject to the approval of the director of the budget award grants,\nwithin amounts available therefor, for the operation of demonstration\nprojects from funds appropriated therefor.\n  Award of such grant shall be contingent upon receipt of evidence by\nthe commissioner that the combination of projects to be selected for\nsuch awards shall be capable of achieving those purposes set forth in\nparagraph one of this subdivision. Notification and description of all\nsuch awards shall be forwarded to the chairman of the senate finance\ncommittee and to the chairman of the assembly ways and means committee.\n  6. The commissioner shall contract with a sponsor for the provision of\nrespite services pursuant to this section.\n  (c) On or before the first day of January, nineteen hundred\neighty-four the commissioner shall issue a report to the governor, the\ndirector of the budget, the chairman of the senate finance committee,\nand the chairman of the assembly ways and means committee evaluating the\nappropriateness of continuing respite projects which shall include, but\nnot be limited to:\n  1. An analysis of the effectiveness of respite in promoting the\ncontinuance of quality care for such mentally retarded and\ndevelopmentally disabled persons.\n  2. A qualitative and quantitative analysis of respite services\nrendered by providers herein, together with demographic analysis of the\nfamilies and mentally retarded or developmentally disabled persons\nparticipating in the project and the degree of disability of\nparticipants.\n  3. An assessment of the nature and extent of the demands for respite\nservices and an analysis of accessibility and availability of services\nto meet this demand.\n  4. Specific identification of any factors which significantly enhance\nor inhibit the successful provision of respite.\n  5. A comparative assessment of the costs, efficiency and effectiveness\nof each type of service or combination of services provided either\npursuant to this section or otherwise existing.\n  6. Methods for funding respite services, including:\n  i. state financial support;\n  ii. federal funds;\n  iii. local funds;\n  iv. available third party reimbursement for qualified services;\n  v. user fees; and\n  vi. in-kind services for users of respite services.\n  7. A financial report for each project.\n  8. A qualitative and quantitative description of respite services\nprovided through developmental centers and the home care program and any\nother respite services provided through the office or any other provider\nas well as an analysis of the effectiveness and efficiency of such\nrespite services.\n  9. Recommendations for client eligibility criteria for all respite\nservices described by the report issued pursuant to this paragraph.\n  (d) No funds shall be paid to any parent or guardian for the provision\nof respite services to his or her own child or dependent.\n  * NB Expired March 31, 1984\n  * NB There are 2 § 41.40\n