NY Elder L § 217-A (2021)
2021 New York Laws ELD - Elder Article 2 - Programs for the Elderly Title 1 - State Office for the Aging 217-A - Long Term Care Insurance Education and Outreach Program.

* § 217-a. Long term care insurance education and outreach program. 1. For  the  purposes  of  this section, the term "long term care insurance resource center" shall mean a project within an  area  agency  on  aging funded  pursuant  to this section that provides direct assistance to the general public in choosing and obtaining long term care insurance.   2. The commissioner of health, in consultation with  the  director  of the  office  for the aging and the superintendent of financial services, is hereby authorized and directed,  within  amounts  allocated  therefor pursuant  to  paragraph  (qq) of subdivision one of section twenty-eight hundred seven-v of the public health law, to establish a long term  care insurance education and outreach program within the department of health for the purpose of informing and educating the general public about long term care insurance, including those policies that are available through the partnership for long term care program.   3.  The  commissioner  of  health,  the  superintendent  of  financial services and the director of the office for the aging  shall  appoint  a state  program  coordinator  to  implement, administer and supervise the long term care insurance education and outreach program, and  coordinate the  development  of  the  educational  and informational materials. The state program coordinator shall be an employee of  the  office  for  the aging  who  shall  be selected from among individuals with expertise and experience in the fields of long term care  insurance,  and  with  other qualifications   determined   by   the   commissioner   of  health,  the superintendent of financial services and the director of the office  for the  aging  to  be  appropriate  for  the  position.  The  state program coordinator shall,  within  amounts  available,  personally  or  through authorized representatives, be responsible for training staff persons of the  program,  including  staff  persons of the long term care insurance resource centers, and shall provide for the collection and dissemination of timely and accurate long term  care  insurance  information  to  said staff persons.   4.  The long term care insurance education and outreach program shall, within amounts available, consist of the following elements which  shall be provided by the office for the aging:  (a)  educational  and informational materials in print, audio, visual, electronic or other media;  (b) public service  announcements,  advertisements,  media  campaigns, workshops, mass mailings, conferences or presentations;  (c)  establishment  of  a  toll-free  telephone hotline and electronic services to provide information; and  (d) establishment of long term care insurance resource centers  within each area agency on aging.   5.  Long  term  care  insurance resource centers shall, within amounts available, provide the  general  public  with  the  following  items  or services:  (a)  educational  and informational materials in print, audio, visual, electronic or other media;  (b) public service  announcements,  advertisements,  media  campaigns, workshops, mass mailings, conferences or presentations; and  (c)  counseling, information, referral services, and direct assistance in choosing and obtaining long term care  insurance.  Direct  assistance shall,   within  amounts  available,  include  but  not  be  limited  to assistance with the following:  (i) planning for the financing of long term care;  (ii) understanding policy options, benefits and appeal rights;  (iii) obtaining the coverage needed and the appropriate benefits; and  (iv) avoiding or reporting illegal billing,  fraudulent  practices  or scams.    Each  long  term  care insurance resource center shall be responsible, within amounts available, for providing a  sufficient  number  of  staff positions  (including volunteers) necessary to provide and carry out the services of the long term care insurance education and outreach program, provided that at least one position shall be filled by an individual who is  employed  full  time  and paid by the area agency on aging. The long term care insurance resource center shall be  responsible  for  ensuring that  its  staff  persons  have no conflict of interest in providing the services described in subdivision four of this section.   6. Annually, in order to receive funding, each area  agency  on  aging shall  submit  a service plan and proposed budget for the operation of a long  term  care  insurance  resource  center  to  the   state   program coordinator  for  approval. An area agency on aging shall be eligible to receive funds in an amount of up to fifty thousand dollars, except  that an  area  agency  on  aging located within a city of one million or more shall be eligible to receive funds in an amount of  up  to  one  hundred thousand dollars.   7.  The  department of health shall produce, post on its website, make available to others for reproduction, or contract with others to develop such materials required by this section. The material produced  pursuant to  this  section shall be culturally and linguistically appropriate for the communities served by the long term care insurance resource centers. These materials shall be made available to the public free of charge.   8.  In  exercising  any  of  their  powers  under  this  section,  the commissioner  of  health and/or the director of the office for the aging may consult with appropriate agencies, organizations, and consumers  and providers  of  long  term  care  insurance or organizations representing them.   9. In addition to  state  funds  allocated  for  programs  under  this section,  the  commissioner  of health and/or the director of the office for the aging may accept funding from public sources for these programs, and may undertake  joint  or  cooperative  programs  with  other  public entities  or  a  private  not-for-profit  corporation which is neither a provider or regulator of long term care insurance, or  an  affiliate  or unit of such agency or corporation.   10.  The  commissioner  of  health, the director of the office for the aging and the superintendent of financial services shall issue an annual report to the governor, the speaker of the assembly, and  the  temporary president  of  the  senate. Such report shall contain, at a minimum, the following information: the  number  of  individuals  who  have  received counseling  and assistance by the long term care insurance education and outreach program,  their  ages  and  their  occupations;  whether  these individuals have purchased a long term care insurance policy, and if so, the  policy  that  was  purchased; a description of all of the services, including counseling, education and outreach services, being provided by the long term care  education  and  outreach  program,  broken  down  by county;  the  activities  used  to promote the partnership for long term care program; and a description of the  long  term  care  education  and outreach  program's  funding  sources and whether they are adequate. The report shall also contain recommendations  for  targeting  specific  age groups  to  buy  long  term  care  insurance,  creating  new  methods of promoting the purchase of long term care insurance, and  improving  long term care insurance products.   11. An area agency on aging may use up to five percent of the total of any  funds  provided to an area agency on aging pursuant to this section for administration.   * NB Added Ch.  58/2004  Part  B  §23,  language  juxtaposed  per  Ch. 642/2004 §12    * NB   Section  number  supplied  by  the  Legislative  Bill  Drafting Commission