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

* §  215-b. Enriched social adult day services. 1. Legislative intent. Social  adult  day  services  programs  are  resources  that  can   help communities  maintain  the independence of functionally impaired adults. The level of  services  needed  by  some  functionally  impaired  adults exceeds the level of assistance currently available through social model adult  day services programs but is not at the level of support provided in an adult day health care program. Social adult day services  programs cannot  enroll new participants whose needs exceed the services that can be  provided  in  the  current  social  adult  day  services   programs. Additionally,  these  programs  must discharge current participants when their needs cannot be met.  Therefore,  an  enriched  social  adult  day services project shall be established as a demonstration project for the purposes of maintaining functionally impaired adults in the community by deterring or delaying institutionalization.   2.  Definitions.  For  purposes  of  this section, the following terms shall have the following meanings:  (a) "Eligible participant" shall mean individuals who are functionally impaired, as defined in section two hundred fifteen of this  title,  and in  need  of  services  that  exceed  the  level of assistance currently available through social adult day services  programs  but  not  at  the level of support provided by adult day health care programs.  (b)  "Eligible  entity"  shall  mean  any not-for-profit or government entity, including the governing body or  council  of  an  Indian  tribal reservation,  who  currently  provides  all of the services required for social adult day services  programs  pursuant  to  section  two  hundred fifteen  of  this  title;  including  total  assistance  with toileting, mobility,  transferring,  and  eating  where  appropriate;  and  has  an existing contract with the state office for the aging.  (c) "Enriched services" shall include the dispensing of medications by a  registered  nurse;  health  education;  counseling;  case management; restorative therapies lasting  less  than  six  months  and  maintenance therapies. Restorative and maintenance therapies shall be provided by an appropriately licensed health care provider.  (d) "Optional services" shall mean other non-medical services approved by  the  director  designed  to  improve the quality of life of eligible participants  by  extending  their  independence,  avoiding  unnecessary hospital and nursing home stays, and sustaining their informal supports.   3.  Duties  of the director. (a) The director, in conjunction with the commissioner of health, shall develop  an  application  process  whereby eligible  entities  may  apply  for approval to offer enriched services, optional services, or both. Such application shall include, but  not  be limited to:  (1)  an  estimate  of  the number of eligible participants to whom the eligible entity could effectively provide the services  for  which  they are applying to offer pursuant to this section; and  (2)  a  plan  under  which  the eligible entity would safely offer the services for which they are applying pursuant to  this  section,  either directly  or through a contract with a licensed health care practitioner or licensed home care provider as defined in section thirty-six  hundred five of the public health law.  (b) In considering applications made pursuant to paragraph (a) of this subdivision,  the  director,  in  conjunction  with  the commissioner of health, may consider:  (1) eligible entities that can effectively serve eligible participants residing in rural, urban, or suburban settings;  (2)  eligible  entities  that  effectively  serve  culturally  diverse populations;  (3)  eligible  entities that demonstrate innovative use of technology, coordination, partnerships, transportation or other services  to  enable eligible participants to be effectively served; and  (4) any other criteria determined to be appropriate.   4. Evaluation. On or before January thirtieth, two thousand seventeen, the  director  shall  provide the governor, the speaker of the assembly, the temporary president of the  senate,  and  the  chairpersons  of  the assembly   and  senate  aging  and  health  committees  with  a  written evaluation  of  the  program.   The   evaluation   shall   examine   the effectiveness  of  the  project in forestalling institutional placement, the costs  of  providing  enriched  services  in  a  day  care  setting, participant  satisfaction and program quality, and identification of the program design elements necessary for successful replication.   5. Grants. (a) The director may, within amounts appropriated therefor, make grants, available on a  competitive  basis,  to  eligible  entities under  this section. Such grants shall be for one hundred percent of the allowable expenditures for approved services  and  expenses  under  this section.  (b)   In   making  grants,  the  director,  in  conjunction  with  the commissioner of health, may  consider  the  criteria  established  under subdivision three of this section.  (c)  Funds  made available under this subdivision shall supplement and not supplant any federal, state, or local funds expended by any  entity, including  a unit of general purpose local government or not-for-profit, to provide services under this section.  Funds  under  this  subdivision cannot  pay for individuals who are eligible under title nineteen of the federal social security act.   * NB Repealed March 31, 2023