NY Elder L § 215 (2021)
2021 New York Laws ELD - Elder Article 2 - Programs for the Elderly Title 1 - State Office for the Aging 215 - Social Model Adult Day Services Programs.

§  215.  Social  model adult day services programs. 1. Definitions. As used in this section:  (a) "Advisory  committee  for  the  aging"  shall  mean  the  advisory committee  for the aging established pursuant to section two hundred ten of this title.  (b) "Social adult day services"  shall  mean  a  program  providing  a variety of long term care services to functionally impaired individuals, whether  due  to  physical  or  cognitive  impairments, in a congregate, community, or home setting and pursuant  to  a  person-centered  service plan.  (c)  "Designated  agency" shall mean any agency which is either a unit of county government, the city of New York, or  the  governing  body  or council  of  an  Indian  tribal reservation, or a private not-for-profit agency organized or existing pursuant to the not-for-profit  corporation law,  which  has been designated as an area agency on aging by the state office for the aging pursuant to the  federal  older  Americans  act  of 1965, as amended.  (d)  "Functionally  impaired"  shall  mean  a  person  who  needs  the assistance of another person in at least one of the following activities of daily living: toileting, mobility, transferring, or  eating;  or  who needs supervision due to cognitive and/or psycho-social impairment.  (e)  "Social  adult day care" shall mean a program providing a variety of comprehensive services to functionally impaired  elderly  persons  as defined in regulations established by the director.   2. Duties of the director. (a) The director is authorized and directed to   promulgate   rules  and  regulations,  establishing  standards  and requirements with regard to the operation of all social adult  day  care programs  receiving funding pursuant to this article. Such standards and requirements shall include, but not be limited to:  (1) services to be provided;  (2) admission criteria;  (3) participant cost-sharing;  (4) assessment and enrollment;  (5) staffing;  (6) monitoring and evaluation of programs; and  (7) any other standards or requirements which the director  determines to be appropriate.  (b) Rules and regulations promulgated by the director pursuant to this subdivision shall also direct how social adult day care will be included in the planning currently required of designated agencies.  (c)  The director shall develop materials for employees and volunteers of programs providing social adult day services or social adult day care on the signs and symptoms of elder abuse. Such materials shall  include, but  not  be  limited  to,  ways  to  discuss suspected elder abuse with seniors where abuse is suspected and resources to which seniors  may  be referred for counseling, shelter, or other assistance.   3. Funding for social adult day care programs.  (a)  Beginning  with  amounts  appropriated  in  the two thousand five fiscal year, the director shall, within amounts  appropriated  therefor, make  grants available on a competitive basis to not-for-profit or local government operated social adult  day  care  programs  for  functionally impaired  elderly  persons,  with  consideration of regional needs and a broad array of models. Such grants shall equal seventy-five  percent  of allowable  expenditures  for approved services pursuant to this section; provided  however  that  the  director  may   accept   certain   in-kind equivalents  to  comprise  the  required  twenty-five percent match; and provided further,  in  the  case  of  providers  which  can  demonstrate  financial  need,  the  director  may  make  grants  of up to one hundred percent of allowable expenditures pursuant to this section.  (b)  Beginning with the first year that the annual increase in amounts appropriated for the purposes of this section shall equal at least  five million  dollars,  for  that  increase and all increases thereafter, the director shall distribute such increases to designated agencies for  the provision  of  social  adult day care programs for functionally impaired elderly persons based on a formula developed by the office  which  shall consider  at  least  the following: the number of elderly persons in the area; and the number of functionally impaired  elderly  persons  in  the area  as  determined  by  the  office.  Base  funding  established under paragraph (a) of this subdivision shall continue to  be  distributed  as provided  in  paragraph  (a)  of  this  subdivision.  Within the amounts appropriated therefor, designated agencies authorized to provide  social adult  day  care  under this section shall be eligible for reimbursement from the state for seventy-five percent of  allowable  expenditures  for approved social adult day care services pursuant to this section up to a level authorized by the director; provided however, that certain in-kind equivalents may comprise the twenty-five percent match.  (c) The office may use up to three percent of the total of any funding appropriated pursuant to this section for administration.  (d)  The designated agency may use up to three percent of the total of any funds provided to the designated agency pursuant to this section for administration.   4. Funding eligibility. Funding pursuant to this section shall not  be available  to  social  adult  day care programs for services provided to elderly persons who are eligible for or receiving comparable services to those defined in this section pursuant to title  eighteen,  nineteen  or twenty  of  the  federal  social  security  act, or any other government program. In  addition,  funding  pursuant  to  this  section  shall  not supplant  any  existing  public  or private funding for social adult day care programs.   5. Report of director. The director, after consultation  with  his  or her  advisory committee, affected state agencies, any affected municipal agencies and  persons  involved  in  providing  social  adult  day  care services,  shall  make a report, on or before December thirty-first, two thousand five, to the governor, the temporary president of  the  senate, the  speaker of the assembly, the chair of the senate standing committee on aging and the chair of the assembly standing committee  on  aging  on the  projected  costs and benefits of establishing uniform standards and requirements with regard to operation of social adult day care  services in  the  state.  The  report  shall  include  the  director's  findings, recommendations and estimate of the fiscal  implications  of  regulating social adult day care services in the state.