NY Elder L § 217 (2021)
2021 New York Laws ELD - Elder Article 2 - Programs for the Elderly Title 1 - State Office for the Aging 217 - Congregate Services Initiative for the Elderly.

§ 217. Congregate services initiative for the elderly. 1. Definitions. As  used  in  this section, the following words shall have the following meanings:  (a) "Designated agency" shall mean an agency which  is  designated  by the  chief executive officer of the county if there be one, or otherwise the governing board of such county, or the chief  executive  officer  of the  city  of  New  York,  or  the  governing  board of an Indian tribal council; which is either a unit of county government or the city of  New York  or  an  Indian tribal organization or a private non-profit agency, and which is the area agency on aging created pursuant  to  the  federal older Americans act of 1965.  (b) "Elderly person" shall mean a person sixty years of age or older.  (c)  "County"  shall mean a county, as defined in section three of the county law, except that the city of New York  shall  be  considered  one county.  (d)  "Congregate  services"  shall  mean  services for elderly persons which are provided by a public or  a  government  agency  or  non-profit agency  which are provided in community settings at which elderly people come together for services and activities that respond to their  diverse needs  and interests, enhance their dignity, support their independence, and encourage their involvement in and with the community and which seek to prevent the well elderly from requiring more intensive services  such as  those  provided  under  expanded  non-medical  in-home  services and non-institution respite service.  Such  services  include  but  are  not limited to:  (1) Information and referral;  (2) Transportation;  (3)  Nutrition-related  services  that  deal  with  hunger  among  the elderly;  (4) Socialization/companionship;  (5) Educational and cultural opportunities;  (6) Counseling;  (7) Support services for families/caregivers;  (8) Volunteer opportunities;  (9) Employment services information;  (10) Health promotion and disease prevention services;  (11) Financial literacy education; and  (12) Elder abuse education and outreach.  (e) "Non-profit agency" shall mean a corporation organized or existing pursuant to the not-for-profit corporation law.   2. Notwithstanding any provision of this  section,  nothing  contained herein   shall   give   the   director   or   a  designated  agency  any administrative, fiscal, supervisory, or other authority whatsoever  over any  plans,  programs  or  expenditures  authorized  pursuant  to titles eighteen, nineteen and twenty of the federal  social  security  act,  or over any unit of state or local government.   3.  Funding.  (a)  The director shall, within the amounts appropriated therefor, make funds available to designated agencies for the  provision of congregate services for elderly persons.  (b)  The  director  shall  distribute  such  funds  based on a formula developed by the office which shall take  into  account  the  geographic distribution  of  elderly persons within the state and any other factors deemed appropriate by the director.   4.  (a)  Except  as  otherwise  provided  in  paragraph  (b)  of  this subdivision,   the  designated  agency  shall  subcontract  with  public agencies,  not-for-profit  agencies,  or  other  entities   to   provide congregate services.  (b)  The  designated agency may directly operate, with the approval of the director, congregate services.  (c)  The  designated agency may use up to five percent of the total of any funds provided to the designated agency pursuant to this section for administration.   5. Designated agencies qualifying for funds under  this  section  must include  in  the current county plan, required under section two hundred fourteen of this title, a description  of  the  planning,  coordination, administrative  and local funding priorities and activities necessary to achieve the goals and objectives of this section.   6. Within the amounts appropriated therefor,  counties  authorized  to provide  congregate  services pursuant to this section shall be eligible for reimbursement  by  the  state  of  up  to  seventy-five  percent  of allowable expenditures for approved services pursuant to this section.   7. The comptroller may withhold the payment of state aid to any county in  the  event  that  such  county alters or discontinues the operations approved by the director pursuant to this section or otherwise fails  to comply with the regulations or requirements of the director.   8.  Contracts  for  services.  (a)  For  the purposes of this section, counties   are   authorized   to   contract   with   public    agencies, municipalities,  non-profit  agencies,  or  such  other  entities as the director may authorize.  (b) Congregate services provided pursuant to this section shall not be provided directly by the designated agency unless approval is granted by the director. Such approval may not be given by the director unless  the designated agency directly provided the service prior to approval of the annual  county  plan by the director, or unless it can be shown that the direct provision of a congregate service by  the  designated  agency  is necessary  due to the absence of an existing suitable provider to assure an adequate supply of such service, or to  ensure  the  quality  of  the service provided.  (c)  Pursuant  to an agreement, two or more counties may join together for the purposes of this section. Such agreements shall  make  provision for the proportionate cost to be borne by each county, the employment of personnel,  the receipt and disbursement of funds, and any other matters deemed necessary by the director.   9. For  the  purposes  of  obtaining  state  aid  within  the  amounts appropriated  therefor  under  this  section,  a designated agency of an Indian tribal organization shall qualify as though it were a  designated agency for a county.   10.  On  or  before February first, two thousand five the office shall submit a report to the chairs of the assembly ways and means  committee, the  senate  finance  committee, and the director of the division of the budget which evaluates  and  makes  recommendations  on  the  congregate services  initiative  program.  The  report  should  include  but not be limited to the following information:  (a) A description of grant recipients and  amount  of  funds  received through  area  offices  on aging for the congregate services initiative. The description  of  grant  recipients  should  include:  the  types  of services offered at each site, the number of individuals served, and, to the  extent practicable, a profile of the individuals served. The office should include a specific recommendation on whether  a  minimal  set  of services  should  be  required  of  each  program or if flexible service requirements should be maintained.  (b) A description of the benefits of the program, including any survey information obtainable from participants in the program, family members, or caregivers for whom the program may serve as respite. The description  of benefits should also address the extent to which availability of  the program helps to avoid unnecessary institutionalization of participants.  (c)  A description of oversight and planning mechanisms built into the program and an assessment of the extent to which reconfiguration of  the recreation  program  to  the congregate services initiative has improved the delivery and/or oversight of services.  (d) A description of how providers of congregate  services  initiative services  have  coordinated with other agencies, providers, or counties, who offer similar services.  (e) A description of any known factors which have  either  contributed to  successful service delivery or have hindered the congregate services initiative program.  (f) An assessment  of  the  need  for  and/or  demand  for  congregate initiative  services  and  the  extent  to which the congregate services initiative or any other available  services,  are  currently  addressing those needs.  (g) Any other information the office for the aging deems relevant.   11.  The executive department is authorized to collect any information necessary from grant recipients or area offices on  aging  necessary  to complete this report.   12.  With  regard  to  direct  grants  to  community  based non-profit organizations for the provision of congregate services to persons  sixty years  of  age  or  older  to  promote  their  health,  independence and involvement in the community, congregate services shall be  provided  at community settings where eligible persons come together for services and activities  and  shall  include, but are not limited to: information and referral;  transportation;  nutrition-related  services;  socialization; educational and cultural opportunities; counseling; support services for caregivers  and  families;  volunteer opportunities; employment services information; and health promotion and disease prevention services.