NY Elder L § 203 (2021)
2021 New York Laws ELD - Elder Article 2 - Programs for the Elderly Title 1 - State Office for the Aging 203 - Programs for the Aging.

§  203.  Programs  for  the  aging.  1. The office shall submit to the federal department of health, education and welfare  a  state  plan  for purposes  of  the  federal  older  Americans  act of 1965 and subsequent amendments thereto. The office shall be  the  single  state  agency  for supervising  the  administration  of  such  plan  and shall be primarily responsible for  coordination  of  state  programs  for  the  aging  for purposes  of such federal act. The office shall act for the state in any negotiations relative to the submission and approval of  such  plan  and may  make  such  arrangements,  not  inconsistent  with  law,  as may be required by or pursuant  to  federal  law  to  obtain  and  retain  such approval  and  to secure for the state the benefits of the provisions of such federal act.   2. In addition to the powers  and  duties  contained  in  section  two hundred  two  of  this  title,  the  office is hereby authorized, to the extent appropriations are available therefor, to establish, operate  and maintain,  or to contract with counties, cities, towns, villages, school districts or public or  private  nonprofit  corporations,  associations, institutions,  or  agencies  concerned with the aging, for the operation and maintenance of programs for the aging. Pursuant  to  the  rules  and regulations  of  the  office, such programs may include, but need not be limited to, the following:  (a) coordination and community planning;  (b) information services;  (c) counselling services;  (d) home care and protection services;  (e) operation of multi-service centers; and  (f) retired senior volunteer programs.   3. The director, with the advice of the  advisory  committee  for  the aging,  shall  make  appropriate  rules  and  regulations  governing the submission and approval of applications for the  operation  of  programs for  the  aging  pursuant  to  subdivision  two  of  this section. If an application is  disapproved,  the  applicant,  upon  request,  shall  be afforded a hearing before the director or his or her designee.   4.  (a)  As  required by the office, each county, city, town, village, school district or public or private nonprofit corporation, association, institution or agency operating a program  for  the  aging  pursuant  to subdivision  two  of  this  section  shall  submit  to  the office (1) a quarterly  estimate  of  anticipated  expenditures  for  operation   and maintenance  of such program, including rental of buildings, purchase of equipment, administrative expenses, miscellaneous personal  expenses  of older  persons  incurred  in  the  provision  of volunteer services, and approved expenditures for minor alterations or repairs,  not  less  than thirty  days  before the first day of the months of April, July, October and January, and (2) a verified accounting of the  financial  operations of  such  program during the preceding calendar quarter, together with a claim for reimbursement as provided in this  title,  on  or  before  the thirtieth  day  of  April,  July,  October and January. The director may permit the submission  of  such  accountings  with  respect  to  periods exceeding three months, but not exceeding one year.  (b)  After  receipt  of a satisfactory quarterly estimate and verified accounting pursuant to paragraph (a) of this subdivision,  the  director shall  certify to the comptroller, for payment by the state to each such county, city, town,  village,  school  district  or  public  or  private nonprofit   corporation,   association,   institution   or  agency,  the expenditures thereof, approved by the office, as follows:  (i) the amount of federal funds, if any, properly  received  for  such expenditures; and  (ii) up to fifty percentum of such expenditures, after first deducting therefrom  any  federal  funds  properly  received  with respect to such expenditures.   5. Notwithstanding the provisions of subdivision four of this section, but  subject  to  and  in  the manner specified in this subdivision, the office, in its discretion, may entertain and  approve  applications  for interim payments.  (a)  Such  an  application  may  be approved by the office, upon being satisfied that the requirement for filing a verified accounting  of  the financial  operation  of a program during the preceding calendar quarter before a claim for reimbursement based  on  the  expenditures  for  such quarter  may  be  made,  is  likely to cause a financial hardship to the applicant.  (b) Such an application  may  be  made  at  the  time  of  filing  the quarterly   estimate   of   anticipated  expenditures  as  specified  in subdivision four of this section or at such other  time  as  the  office shall specify.  (c) After receipt of a satisfactory quarterly estimate, the office may direct the director to certify to the comptroller for payment an interim payment in such amount as the office shall specify.  (d)  The  amount of the interim payment which the office may authorize shall not exceed an amount equal to one-third of the  amount  which  the applicant  may  reasonably be entitled to receive in accordance with the provisions of subdivision four of this  section,  for  the  three  month period  for  which  a  satisfactory  quarterly statement has been filed, based on such satisfactory quarterly estimate. The amount of an  interim payment  received  by  the applicant shall be subtracted from the amount payable to the applicant for such three-month period.   6. The director is  hereby  authorized,  within  amounts  appropriated therefor,  to  make grants-in-aid to existing foster grandparent grantee agencies  for  the  engagement  of  foster  grandparents  in   qualified residential  group  homes  for  neglected and disadvantaged children, in private homes, day care centers, special  education  classes  in  public schools,  or  other public or private nonprofit institutions or agencies providing care for neglected and disadvantaged children who  lack  close personal  relationships.  Up to twenty percent of such grants-in-aid may be expended for the administrative purposes of  such  grantee  agencies, with  the  approval  of the office. Such grants shall be for a period of twelve months or less, shall not be used to  match  other  state  funds, shall  not be used as a substitute for federal allocations, and shall be made in a manner which does not  conflict  with  federal  law,  rule  or regulation  pursuant to title II of the United States domestic volunteer services act of nineteen hundred seventy-three, as amended.  Grants  may be  used  to  match  federal  funds  but  must  be used for expansion of existing federal programs, not as a substitute  for  presently  required non-federal  shares.  Each  grantee  shall file reports at such time and containing such information as the office shall require. For the purpose of administering such grants-in-aid the office may make such  agreements with other public agencies as are deemed necessary.   7.  The  director  is  hereby  authorized, within amounts appropriated therefor, to make grants-in-aid to retired and senior volunteer programs for the engagement of individuals fifty-five years of  age  or  over  to serve   as   volunteers  for  the  betterment  of  their  community  and themselves. Such volunteer activities  may  include  but  shall  not  be limited  to  assisting with the preparation of meals at nutrition sites; leading activities at child care centers; delivering meals to  homebound elderly;  providing  telephone reassurance and/or friendly visits to the frail elderly; tutoring adults or children; assisting with services  for  the homeless and assisting school districts which request volunteers for the purpose of notifying a person in parental relation to any elementary school  pupil  when such pupil is deemed absent from required attendance at  his  or her designated school. The services of these volunteers will be performed in the community where such individuals reside or in nearby communities. Up to ten percent of such grants-in-aid may be expended for the administrative purposes of such programs, with the approval  of  the office.  Such  grants  shall  be  for a period of twelve months or less, shall not be used to match other state funds, shall not  be  used  as  a substitute  for federal allocations, and shall be made in a manner which does not conflict with federal law, rule or regulation pursuant to title II of the United States domestic  volunteer  services  act  of  nineteen hundred  seventy-three,  as amended. Grants may be used to match federal funds, but not  as  a  substitute  for  presently  required  non-federal shares. Each grantee shall file reports at such time and containing such information   as   the   office   shall  require.  For  the  purpose  of administering such grants-in-aid the office  may  make  such  agreements with other public agencies as are deemed necessary.   8.  The  director,  in  consultation  with the commissioner of health, shall establish a program to be known as the NY  Connects:  Choices  for Long Term Care. The purpose of this initiative is to provide consistent, comprehensive,  locally-based  information  and  assistance on long term care services to consumers, caregivers and families to  help  them  make educated  choices.  This  program shall provide individuals, caregivers, and families with  objective  information  and  assistance  about  home, community-based  and  institutional long term care services. NY Connects will be available on a voluntary  basis  to  consumers,  caregivers  and their  families.  There  shall  be  an  on-going  education and outreach campaign to educate the public about long term care  services  available in  their  community and to assist consumers in preparing for their long term care needs.   9. The director of the office for the aging is hereby  authorized,  to the  extent appropriations are available therefor, to establish, operate and maintain, under the control of  the  office  for  the  aging  or  in conjunction with an association, institution, agency, or other public or private entity, or community program engaged in the care of animals, one or  more  senior pet companionship programs. The purpose and intent of a senior pet companionship program shall be  to  match  seniors  who  have limited  social  contact  with  pets,  including cats and dogs and other small animals, to improve the lives of such seniors by  enhancing  their emotional and mental well-being through such companionship.   10.  The  director  is hereby authorized, to the extent appropriations are  available  therefor,  to  establish  grants  to  a   not-for-profit organization,  through  a  request  for  proposal  process,  to  provide training, outreach and education  to  agencies,  individuals  and  other appropriate entities who provide services to the lesbian, gay, bisexual, and transgender senior populations.   11.  (a)  The  director  shall develop a list of programs and services offered by local area agencies on aging along with  contact  information for the local area agencies on aging and NYConnects organized by county.  (b)  The  information  developed  pursuant  to  paragraph  (a) of this subdivision shall be made available on the office's website and provided to hospital discharge coordinators located in the state.   12.(a) The director is hereby  authorized  to  implement  private  pay protocols  for  programs  and services administered by the office. These protocols may be implemented by area agencies on aging at  their  option and  such  protocols  shall not be applied to services for a participant when being paid for with federal funds or funds  designated  as  federal  match,  or  for individuals with an income below four hundred percent of the federal poverty level. All private payments received directly by  an area  agency  on  aging or indirectly by one of its contractors shall be used  to  supplement,  not  supplant, funds by state, federal, or county appropriations. Such private pay payments shall be set at a cost to  the participant  of  not more than twenty percent above either the unit cost to the area agency on aging to provide the program or service  directly, or  the  amount  that the area agency on aging pays to its contractor to provide the program or service. Private pay payments received under this subdivision shall be used by the area agency on aging  to  first  reduce any  unmet  need  for  programs  and  services,  and then to support and enhance services or programs provided by the area agency  on  aging.  No participant,  regardless  of  income,  shall  be required to pay for any program or service that they are receiving at the time  these  protocols are  implemented by the area agency on aging. This subdivision shall not prevent cost sharing for the programs and services established  pursuant to section two hundred fourteen of this title for individuals below four hundred  percent  of  the federal poverty level. Consistent with federal and state statute and regulations, when providing programs and services, area agencies on aging and their  contractors  shall  continue  to  give priority  for  programs  and  services  to individuals with the greatest economic or social needs. In the event  that  the  capacity  to  provide programs  and  services  is limited, such programs and services shall be provided to individuals with incomes below four hundred percent  of  the federal  poverty level before such programs and services are provided to those participating  in  the  private  pay  protocol  pursuant  to  this subdivision.  (b)  Area  agencies on aging participating in the private pay protocol shall annually report to the office the unmet  need,  if  any,  for  all programs and services offered, the number of participants that privately paid  for  each program or service for that year, the rates participants were charged for each program or service provided, and  how  unmet  need for  programs  or  services  offered  by  the  area agency on aging were affected by revenue from the private pay protocol.  Such  annual  report shall  also be shared with the Temporary President of the Senate and the Speaker  of  the  Assembly  no  later  than  July  first,  two  thousand twenty-one  and  shall  be  updated  and  reissued  on  an  annual basis thereafter.