NY Ment Hygiene L § 41.40-2 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.40*2 - Respite Services.

* § 41.40 Respite services.  (a) Definitions. When read in this article:   1. "Respite"  shall  mean  the  provision  of  intermittent  temporary substitute care of mentally retarded or developmentally disabled persons on behalf of and in the absence of the parent or legal guardian  of  the mentally retarded or developmentally disabled person, for the purpose of providing relief from the stresses of responsibilities concommitant with providing continued care. Respite shall not exceed forty-two days in any calendar  year  for  any  individual  except  where  authorized  by  the commissioner, subject to the approval of the director of the budget.   2. "Provider" shall mean any person, firm,  corporation,  governmental subdivision  or  state  agency which renders respite services including, but not limited to: individuals, family care providers  and  volunteers. Individuals  who  are  a  parent  or legal guardian of a disabled person receiving the respite  service  may  be  providers  only  where  respite service  is  rendered  as  part  of a voluntary in-kind program approved hereunder.   3. "Sponsor" shall mean any person,  firm,  corporation,  governmental subdivision or state agency approved by the commissioner which contracts with the office for purposes of a demonstration project pursuant to this chapter  and  which is responsible for the recruitment, coordination and arrangement of provider services in a manner which meets  client  needs, the general supervision of the demonstration project, and the submission of such information or reports as may be required by the commissioner.  (b)  Respite  demonstration  programs.  1.  The commissioner is hereby authorized to establish respite demonstration projects for the  purposes of  establishing  eligibility  criteria for respite services; evaluating the  demand  for  respite  services  and  the  means   of   effectively, efficiently  and  economically  meeting  such  demand;  ascertaining the respite services available and necessary to meet the demand;  evaluating the  effectiveness  of  utilizing  paid  providers  which  are not state agencies for the provision of respite services; evaluating the viability of financing the provision of respite services through user fees and  by local  government  units; evaluating the effectiveness and efficiency of utilizing a program of voluntary in-kind services for the  provision  of respite;  evaluating  the  relationship between respite and the need for institutionalization; identifying the costs of providing such  services; and  the  effectiveness  of  continuing  such projects. The commissioner shall establish regulations as may be necessary for  the  implementation of such demonstration projects.   2.  The  commissioner is authorized to demonstrate, where appropriate, the viability of  the  provision  of  insurance  coverage  necessary  to protect  and  defend  providers from liability for claims arising out of the provision of voluntary in-kind respite services.   3. The commissioner, within four months after the  effective  date  of this  section,  shall  publicize  the  existence of, and make available, application forms for such demonstration projects.   4. Such application forms shall contain notification of  the  purposes of  respite  projects  as set forth in paragraph one of this subdivision and shall require the submission of such information as the commissioner deems necessary  for  the  evaluation  of  such  proposed  demonstration projects. This information shall include, but not be limited to:   i.  the  identity  and  qualifications  of the sponsor and provider or providers and a plan for the coordination of their services;   ii. the assessment of the demand and availability for respite services within the community to be served;   iii. evidence of the level of community support and participation;    iv. a fiscal plan, including specific provisions for  the  utilization of  existing  reimbursement  and  funding  sources,  and availability of potential funding sources; and   v.  plans  for publicizing the purpose of the project and the services to be provided, including the identities, services and charges  of  each participating provider.   5.  All  applications  shall  be received by the commissioner no later than January first, nineteen hundred  eighty-three  at  which  time  the commissioner  shall  have four weeks to review and certify projects and, subject to the approval of the director  of  the  budget  award  grants, within  amounts  available  therefor, for the operation of demonstration projects from funds appropriated therefor.   Award of such grant shall be contingent upon receipt  of  evidence  by the  commissioner  that  the  combination of projects to be selected for such awards shall be capable of achieving those purposes  set  forth  in paragraph  one  of this subdivision. Notification and description of all such awards shall be forwarded to the chairman  of  the  senate  finance committee and to the chairman of the assembly ways and means committee.   6. The commissioner shall contract with a sponsor for the provision of respite services pursuant to this section.  (c)   On  or  before  the  first  day  of  January,  nineteen  hundred eighty-four the commissioner shall issue a report to the  governor,  the director  of  the  budget, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee evaluating the appropriateness of continuing respite projects which shall include,  but not be limited to:   1.  An  analysis  of  the  effectiveness  of  respite in promoting the continuance  of  quality   care   for   such   mentally   retarded   and developmentally disabled persons.   2.  A  qualitative  and  quantitative  analysis  of  respite  services rendered by providers herein, together with demographic analysis of  the families  and  mentally  retarded  or  developmentally  disabled persons participating  in  the  project  and  the  degree   of   disability   of participants.   3.  An  assessment of the nature and extent of the demands for respite services and an analysis of accessibility and availability  of  services to meet this demand.   4.  Specific identification of any factors which significantly enhance or inhibit the successful provision of respite.   5. A comparative assessment of the costs, efficiency and effectiveness of each type of service  or  combination  of  services  provided  either pursuant to this section or otherwise existing.   6. Methods for funding respite services, including:   i. state financial support;   ii. federal funds;   iii. local funds;   iv. available third party reimbursement for qualified services;   v. user fees; and   vi. in-kind services for users of respite services.   7. A financial report for each project.   8.  A  qualitative  and  quantitative  description of respite services provided through developmental centers and the home care program and any other respite services provided through the office or any other provider as well as an analysis of  the  effectiveness  and  efficiency  of  such respite services.   9.  Recommendations  for  client  eligibility criteria for all respite services described by the report issued pursuant to this paragraph.  (d) No funds shall be paid to any parent or guardian for the provision of respite services to his or her own child or dependent.   * NB Expired March 31, 1984   * NB There are 2 § 41.40