2023 New York Laws › ELD - Elder › Article 2 - Programs for the Elderly › Title 1 - State Office for the Aging › 213 - Reports.

§  213.  Reports.  1. The office shall from time to time report to the
governor,  and  shall  make  an  annual  report  to  the  governor   and
legislature.
2. Such annual report shall:
(a)  Describe  the progress, problems and other matters related to the
provision of services to older persons by programs administered  by  the
office  including, but not limited to the federal older Americans act of
1965, the community services for the aging program  and  the  recreation
program for the elderly;
(b)  Assess  the  effectiveness  of  the  community services for aging
program pursuant to section  two  hundred  fourteen  of  this  title  in
coordinating  and  improving  the  local  delivery  of  services  to the
elderly; and
(c) Include  recommendations  for  expanding  or  replicating  service
programs  that  have  been determined effective in helping needy elderly
remain in the community  and  to  avoid  institutional  care,  including
recommendations   for   traditionally   underserved   aged  populations,
including, but not limited to, populations based on race, creed,  color,
national  origin,  sexual  orientation,  gender  identity or expression,
military status, sex, marital status, disability, familial  status,  and
language; and
(d) Assess the progress, problems, and effectiveness of the provisions
of  services  to  older  persons  by programs administered by the office
delivered to traditionally underserved populations,  including  but  not
limited  to,  aged populations based on actual or perceived race, creed,
color,  national  origin,  sexual  orientation,   gender   identity   or
expression,  military  status, sex, marital status, disability, familial
status, language, or people who are associated with an individual who is
or is perceived to be a member of any of these traditionally underserved
populations.
3. Such annual report shall also present in quantitative, as  well  as
in  qualitative,  terms,  a report on the quality of life of the aged in
our state, including:
(a) A report on the impact of inflation on the aged.
(b) A report on mortality trends in the upper age brackets,  including
chronic disease trends among older persons.
(c) A report on crime trends impacting on the aged.
(d)  A report on the numbers of elderly living in substandard housing,
numbers of new housing facilities for the aged in public, non-profit  or
limited profit housing.
(e)  A  report  on coverage of the aged in the state by various public
social security programs, pension plans, private retirement  plans,  and
assistance programs.
(f)  A  report  on  unemployment  and  employment  of  older  persons,
including prevalence of age  discrimination  in  the  labor  market  and
efforts  to  provide  education,  information,  and  recommendations for
legislation, trends  toward  early  or  later  retirement,  duration  of
unemployment by age groupings, self-employment and partial employment of
older persons.
(g) A report on the hot meal program within the state, including costs
per   meal,  number  of  aged  served,  as  well  as  a  report  on  the
meals-on-wheels program.
(h) A report on the recreational  services  for  the  aged,  including
numbers   of  senior  centers  and  clubs,  membership  and  programming
provided.
(i) A report on the extent  to  which  the  aged  are  provided  adult
education courses in public schools or are attending college courses.
(j)  A  report  on  institutionalization  of aged, including trends in
mental hospitals, skilled  nursing  homes,  health  related  facilities,
adult homes, including length of stay, costs, occupancy rates, extent to
which  local communities are providing care for institutionally released
aged.
(k)  A  report on the specific needs of traditionally underserved aged
populations, including, but not limited to, populations based on  actual
or  perceived  race,  creed, color, national origin, sexual orientation,
gender identity or expression, military  status,  sex,  marital  status,
disability, familial status, and language.
(l)  A report on the number of older adults who are primary caregivers
or guardians of minors including prevalence by age range,  circumstances
that  lead  to  older adults becoming primary caregivers or guardians to
minors, an analysis of what services are available  through  the  office
and  other state agencies to assist these older adult primary caregivers
and guardians, and recommendations regarding support  for  older  adults
who are primary caregivers or guardians for minor children.
(m)  A  report on substance use disorders among older adults including
prevalence of substance use disorders, what programs  and  services  are
available  from  or  in conjunction with the office, an analysis of what
services are needed to assist older adults dealing  with  substance  use
disorders,  and  recommendations regarding how the office can assist and
participate in efforts to assist older adults dealing with substance use
disorders.
4. The legislature hereby declares that, as a matter of state  policy,
caring  services  and  programs  for  seniors  should  be  shaped by the
principles  of  strengthening  independence,  affirming   dignity,   and
maximizing choice, and a recognition that seniors and their families and
intimates provide a vast potential source of social, cultural, historic,
and spiritual enrichment and leadership.
The  office  shall enunciate these principles in the form of a bill of
rights for seniors, and shall, in addition to any other report  required
by  this  section,  report  annually,  not later than June first of each
year, on the progress being made in their advancement by state  agencies
and  local  governments in the development and operation of programs for
seniors. Such report shall discuss progress in the following  principles
with respect to programs for seniors:
(a)  Seniors  needing  long  term  care  in  an  institution  or in an
appropriate community-based alternative should be able  to  obtain  such
care  at  an  affordable  cost  in  a  timely  manner  from reliable and
responsible providers who can provide choices that meet the  preferences
of  these  seniors,  and  who  have  the  capacity  to  provide a smooth
transition to other forms of  long  term  care  when  appropriate.  Such
programs  should,  whenever  possible,  provide  a  continuum of quality
health care, either within a single institution, or through a consortium
of providers.
(b) Public policy should affirm seniors' desire  to  maintain  a  high
quality  of  life  by  living  with dignity in their own communities, by
supporting the efforts of informal caregivers such  as  family,  friends
and  neighbors  who  provide  eighty  percent  of  all personal care and
assistance to seniors.
(c) A goal of policy and programs  in  New  York  should  be  to  help
seniors  obtain  or  maintain  affordable and secure housing that allows
them to age in place in their own communities with supportive assistance
and access to health related  services  in  a  manner  that  ameliorates
problems  of  income,  changes  in  family structure, health, threats to
personal safety, and architectural and structural inadequacies.
(d) Programs intended to offset excessive health care and prescription
drug costs for seniors, and to make health care,  particularly  wellness
and  prevention  programs, more affordable, should be designed to expand
choice and promote ease of access for  seniors  rather  than  to  simply
provide  ease  of  management  and  control  for bureaucrats and program
managers.
(e) State and local policies and program guidelines should support the
most creative and flexible approaches to providing care for seniors,  so
as  to  promote and sustain the autonomy and mobility of seniors, and to
tap their potential to enrich their communities.
(f) Seniors should be able to continue their productive lives  in  the
community  of  New York without fear of discrimination based on age, and
public  policy  should  seek  means  of  increasing  opportunities   for
contribution from these respected members of our community by supporting
and  encouraging  a  healthy  social environment that enables seniors to
continue  their  productive  lives  if  they  wish,  that  affirms   and
encourages  their  ability to achieve financial security, and that works
to preserve their dignity, safety, and independence.
(g) Public programs should  promote  personal  security  for  seniors,
encourage  personal  responsibility of their families and intimates, and
recognize and build on the interdependence of all  generations  and  the
diversity of our population.
(h)  Public  investment  in  programs  providing health care and other
social help for seniors should be provided at  a  level  which  supports
public mandates with respect to these programs.
(i)  No  declaratory  relief,  injunctive remedy or monetary liability
against the state of New York or any political subdivision  thereof,  or
any  public  or private entity, domiciled or doing business in the state
of New York, or any employee or officer thereof,  shall  be  created  or
granted based upon the principles set forth in this subdivision, or upon
the  enunciation  of  said  principles to be made by the office pursuant
thereto. No claim for contribution or indemnification shall  be  created
based  upon this subdivision. No assignment of claim shall be prosecuted
based upon this subdivision.
(j) Existing powers of the office for the aging shall not  be  changed
by this subdivision.
* 5.  Every  state  department,  bureau,  or  agency  or  office shall
cooperate to the fullest extent possible in providing such data  as  the
office  may  need to assemble such reports, including recommendations by
the director to the governor and legislature.
* NB Amended Ch. 640/2004 §1, language juxtaposed per Ch. 642/2004 §12