NY Elder L § 213 (2021)
2021 New York Laws ELD - Elder Article 2 - Programs for the Elderly Title 1 - State Office for the Aging 213 - Reports.

§  213.  Reports.  1. The office shall from time to time report to the governor,  and  shall  make  an  annual  report  to  the  governor   and legislature.   2. Such annual report shall:  (a)  Describe  the progress, problems and other matters related to the provision of services to older persons by programs administered  by  the office  including, but not limited to the federal older Americans act of 1965, the community services for the aging program  and  the  recreation program for the elderly;  (b)  Assess  the  effectiveness  of  the  community services for aging program pursuant to section  two  hundred  fourteen  of  this  title  in coordinating  and  improving  the  local  delivery  of  services  to the elderly; and  (c) Include  recommendations  for  expanding  or  replicating  service programs  that  have  been determined effective in helping needy elderly remain in the community  and  to  avoid  institutional  care,  including recommendations   for   traditionally   underserved   aged  populations, including, but not limited to, populations based on race, creed,  color, national  origin,  sexual  orientation,  gender  identity or expression, military status, sex, marital status, disability, familial  status,  and language; and  (d) Assess the progress, problems, and effectiveness of the provisions of  services  to  older  persons  by programs administered by the office delivered to traditionally underserved populations,  including  but  not limited  to,  aged populations based on actual or perceived race, creed, color,  national  origin,  sexual  orientation,   gender   identity   or expression,  military  status, sex, marital status, disability, familial status, language, or people who are associated with an individual who is or is perceived to be a member of any of these traditionally underserved populations.   3. Such annual report shall also present in quantitative, as  well  as in  qualitative,  terms,  a report on the quality of life of the aged in our state, including:  (a) A report on the impact of inflation on the aged.  (b) A report on mortality trends in the upper age brackets,  including chronic disease trends among older persons.  (c) A report on crime trends impacting on the aged.  (d)  A report on the numbers of elderly living in substandard housing, numbers of new housing facilities for the aged in public, non-profit  or limited profit housing.  (e)  A  report  on coverage of the aged in the state by various public social security programs, pension plans, private retirement  plans,  and assistance programs.  (f)  A  report  on  unemployment  and  employment  of  older  persons, including prevalence of age  discrimination  in  the  labor  market  and efforts  to  provide  education,  information,  and  recommendations for legislation, trends  toward  early  or  later  retirement,  duration  of unemployment by age groupings, self-employment and partial employment of older persons.  (g) A report on the hot meal program within the state, including costs per   meal,  number  of  aged  served,  as  well  as  a  report  on  the meals-on-wheels program.  (h) A report on the recreational  services  for  the  aged,  including numbers   of  senior  centers  and  clubs,  membership  and  programming provided.  (i) A report on the extent  to  which  the  aged  are  provided  adult education courses in public schools or are attending college courses.  (j)  A  report  on  institutionalization  of aged, including trends in mental hospitals, skilled  nursing  homes,  health  related  facilities, adult homes, including length of stay, costs, occupancy rates, extent to which  local communities are providing care for institutionally released aged.  (k)  A  report on the specific needs of traditionally underserved aged populations, including, but not limited to, populations based on  actual or  perceived  race,  creed, color, national origin, sexual orientation, gender identity or expression, military  status,  sex,  marital  status, disability, familial status, and language.  (l)  A report on the number of older adults who are primary caregivers or guardians of minors including prevalence by age range,  circumstances that  lead  to  older adults becoming primary caregivers or guardians to minors, an analysis of what services are available  through  the  office and  other state agencies to assist these older adult primary caregivers and guardians, and recommendations regarding support  for  older  adults who are primary caregivers or guardians for minor children.  (m)  A  report on substance use disorders among older adults including prevalence of substance use disorders, what programs  and  services  are available  from  or  in conjunction with the office, an analysis of what services are needed to assist older adults dealing  with  substance  use disorders,  and  recommendations regarding how the office can assist and participate in efforts to assist older adults dealing with substance use disorders.   4. The legislature hereby declares that, as a matter of state  policy, caring  services  and  programs  for  seniors  should  be  shaped by the principles  of  strengthening  independence,  affirming   dignity,   and maximizing choice, and a recognition that seniors and their families and intimates provide a vast potential source of social, cultural, historic, and spiritual enrichment and leadership.   The  office  shall enunciate these principles in the form of a bill of rights for seniors, and shall, in addition to any other report  required by  this  section,  report  annually,  not later than June first of each year, on the progress being made in their advancement by state  agencies and  local  governments in the development and operation of programs for seniors. Such report shall discuss progress in the following  principles with respect to programs for seniors:  (a)  Seniors  needing  long  term  care  in  an  institution  or in an appropriate community-based alternative should be able  to  obtain  such care  at  an  affordable  cost  in  a  timely  manner  from reliable and responsible providers who can provide choices that meet the  preferences of  these  seniors,  and  who  have  the  capacity  to  provide a smooth transition to other forms of  long  term  care  when  appropriate.  Such programs  should,  whenever  possible,  provide  a  continuum of quality health care, either within a single institution, or through a consortium of providers.  (b) Public policy should affirm seniors' desire  to  maintain  a  high quality  of  life  by  living  with dignity in their own communities, by supporting the efforts of informal caregivers such  as  family,  friends and  neighbors  who  provide  eighty  percent  of  all personal care and assistance to seniors.  (c) A goal of policy and programs  in  New  York  should  be  to  help seniors  obtain  or  maintain  affordable and secure housing that allows them to age in place in their own communities with supportive assistance and access to health related  services  in  a  manner  that  ameliorates problems  of  income,  changes  in  family structure, health, threats to personal safety, and architectural and structural inadequacies.  (d) Programs intended to offset excessive health care and prescription drug costs for seniors, and to make health care,  particularly  wellness and  prevention  programs, more affordable, should be designed to expand choice and promote ease of access for  seniors  rather  than  to  simply provide  ease  of  management  and  control  for bureaucrats and program managers.  (e) State and local policies and program guidelines should support the most creative and flexible approaches to providing care for seniors,  so as  to  promote and sustain the autonomy and mobility of seniors, and to tap their potential to enrich their communities.  (f) Seniors should be able to continue their productive lives  in  the community  of  New York without fear of discrimination based on age, and public  policy  should  seek  means  of  increasing  opportunities   for contribution from these respected members of our community by supporting and  encouraging  a  healthy  social environment that enables seniors to continue  their  productive  lives  if  they  wish,  that  affirms   and encourages  their  ability to achieve financial security, and that works to preserve their dignity, safety, and independence.  (g) Public programs should  promote  personal  security  for  seniors, encourage  personal  responsibility of their families and intimates, and recognize and build on the interdependence of all  generations  and  the diversity of our population.  (h)  Public  investment  in  programs  providing health care and other social help for seniors should be provided at  a  level  which  supports public mandates with respect to these programs.  (i)  No  declaratory  relief,  injunctive remedy or monetary liability against the state of New York or any political subdivision  thereof,  or any  public  or private entity, domiciled or doing business in the state of New York, or any employee or officer thereof,  shall  be  created  or granted based upon the principles set forth in this subdivision, or upon the  enunciation  of  said  principles to be made by the office pursuant thereto. No claim for contribution or indemnification shall  be  created based  upon this subdivision. No assignment of claim shall be prosecuted based upon this subdivision.  (j) Existing powers of the office for the aging shall not  be  changed by this subdivision.   * 5.  Every  state  department,  bureau,  or  agency  or  office shall cooperate to the fullest extent possible in providing such data  as  the office  may  need to assemble such reports, including recommendations by the director to the governor and legislature.   * NB Amended Ch. 640/2004 §1, language juxtaposed per Ch. 642/2004 §12