2023 New York Laws › ELD - Elder › Article 2 - Programs for the Elderly › Title 1 - State Office for the Aging › 217 - Congregate Services Initiative for the Elderly.

§ 217. Congregate services initiative for the elderly. 1. Definitions.
As  used  in  this section, the following words shall have the following
meanings:
(a) "Designated agency" shall mean an agency which  is  designated  by
the  chief executive officer of the county if there be one, or otherwise
the governing board of such county, or the chief  executive  officer  of
the  city  of  New  York,  or  the  governing  board of an Indian tribal
council; which is either a unit of county government or the city of  New
York  or  an  Indian tribal organization or a private non-profit agency,
and which is the area agency on aging created pursuant  to  the  federal
older Americans act of 1965.
(b) "Elderly person" shall mean a person sixty years of age or older.
(c)  "County"  shall mean a county, as defined in section three of the
county law, except that the city of New York  shall  be  considered  one
county.
(d)  "Congregate  services"  shall  mean  services for elderly persons
which are provided by a public or  a  government  agency  or  non-profit
agency  which are provided in community settings at which elderly people
come together for services and activities that respond to their  diverse
needs  and interests, enhance their dignity, support their independence,
and encourage their involvement in and with the community and which seek
to prevent the well elderly from requiring more intensive services  such
as  those  provided  under  expanded  non-medical  in-home  services and
non-institution respite service.  Such  services  include  but  are  not
limited to:
(1) Information and referral;
(2) Transportation;
(3)  Nutrition-related  services  that  deal  with  hunger  among  the
elderly;
(4) Socialization/companionship;
(5) Educational and cultural opportunities;
(6) Counseling;
(7) Support services for families/caregivers;
(8) Volunteer opportunities;
(9) Employment services information;
(10) Health promotion and disease prevention services;
(11) Financial literacy education; and
(12) Elder abuse, including identity theft, education and outreach.
(e) "Non-profit agency" shall mean a corporation organized or existing
pursuant to the not-for-profit corporation law.
2. Notwithstanding any provision of this  section,  nothing  contained
herein   shall   give   the   director   or   a  designated  agency  any
administrative, fiscal, supervisory, or other authority whatsoever  over
any  plans,  programs  or  expenditures  authorized  pursuant  to titles
eighteen, nineteen and twenty of the federal  social  security  act,  or
over any unit of state or local government.
3.  Funding.  (a)  The director shall, within the amounts appropriated
therefor, make funds available to designated agencies for the  provision
of congregate services for elderly persons.
(b)  The  director  shall  distribute  such  funds  based on a formula
developed by the office which shall take  into  account  the  geographic
distribution  of  elderly persons within the state and any other factors
deemed appropriate by the director.
4.  (a)  Except  as  otherwise  provided  in  paragraph  (b)  of  this
subdivision,   the  designated  agency  shall  subcontract  with  public
agencies,  not-for-profit  agencies,  or  other  entities   to   provide
congregate services.
(b)  The  designated agency may directly operate, with the approval of
the director, congregate services.
(c)  The  designated agency may use up to five percent of the total of
any funds provided to the designated agency pursuant to this section for
administration.
5. Designated agencies qualifying for funds under  this  section  must
include  in  the current county plan, required under section two hundred
fourteen of this title, a description  of  the  planning,  coordination,
administrative  and local funding priorities and activities necessary to
achieve the goals and objectives of this section.
6. Within the amounts appropriated therefor,  counties  authorized  to
provide  congregate  services pursuant to this section shall be eligible
for reimbursement  by  the  state  of  up  to  seventy-five  percent  of
allowable expenditures for approved services pursuant to this section.
7. The comptroller may withhold the payment of state aid to any county
in  the  event  that  such  county alters or discontinues the operations
approved by the director pursuant to this section or otherwise fails  to
comply with the regulations or requirements of the director.
8.  Contracts  for  services.  (a)  For  the purposes of this section,
counties   are   authorized   to   contract   with   public    agencies,
municipalities,  non-profit  agencies,  or  such  other  entities as the
director may authorize.
(b) Congregate services provided pursuant to this section shall not be
provided directly by the designated agency unless approval is granted by
the director. Such approval may not be given by the director unless  the
designated agency directly provided the service prior to approval of the
annual  county  plan by the director, or unless it can be shown that the
direct provision of a congregate service by  the  designated  agency  is
necessary  due to the absence of an existing suitable provider to assure
an adequate supply of such service, or to  ensure  the  quality  of  the
service provided.
(c)  Pursuant  to an agreement, two or more counties may join together
for the purposes of this section. Such agreements shall  make  provision
for the proportionate cost to be borne by each county, the employment of
personnel,  the receipt and disbursement of funds, and any other matters
deemed necessary by the director.
9. For  the  purposes  of  obtaining  state  aid  within  the  amounts
appropriated  therefor  under  this  section,  a designated agency of an
Indian tribal organization shall qualify as though it were a  designated
agency for a county.
10.  On  or  before February first, two thousand five the office shall
submit a report to the chairs of the assembly ways and means  committee,
the  senate  finance  committee, and the director of the division of the
budget which evaluates  and  makes  recommendations  on  the  congregate
services  initiative  program.  The  report  should  include  but not be
limited to the following information:
(a) A description of grant recipients and  amount  of  funds  received
through  area  offices  on aging for the congregate services initiative.
The description  of  grant  recipients  should  include:  the  types  of
services offered at each site, the number of individuals served, and, to
the  extent practicable, a profile of the individuals served. The office
should include a specific recommendation on whether  a  minimal  set  of
services  should  be  required  of  each  program or if flexible service
requirements should be maintained.
(b) A description of the benefits of the program, including any survey
information obtainable from participants in the program, family members,
or caregivers for whom the program may serve as respite. The description

of benefits should also address the extent to which availability of  the
program helps to avoid unnecessary institutionalization of participants.
(c)  A description of oversight and planning mechanisms built into the
program and an assessment of the extent to which reconfiguration of  the
recreation  program  to  the congregate services initiative has improved
the delivery and/or oversight of services.
(d) A description of how providers of congregate  services  initiative
services  have  coordinated with other agencies, providers, or counties,
who offer similar services.
(e) A description of any known factors which have  either  contributed
to  successful service delivery or have hindered the congregate services
initiative program.
(f) An assessment  of  the  need  for  and/or  demand  for  congregate
initiative  services  and  the  extent  to which the congregate services
initiative or any other available  services,  are  currently  addressing
those needs.
(g) Any other information the office for the aging deems relevant.
11.  The executive department is authorized to collect any information
necessary from grant recipients or area offices on  aging  necessary  to
complete this report.
12.  With  regard  to  direct  grants  to  community  based non-profit
organizations for the provision of congregate services to persons  sixty
years  of  age  or  older  to  promote  their  health,  independence and
involvement in the community, congregate services shall be  provided  at
community settings where eligible persons come together for services and
activities  and  shall  include, but are not limited to: information and
referral;  transportation;  nutrition-related  services;  socialization;
educational and cultural opportunities; counseling; support services for
caregivers  and  families;  volunteer opportunities; employment services
information; and health promotion and disease prevention services.