2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.40*2 - Respite Services.

* § 41.40 Respite services.
(a) Definitions. When read in this article:
1. "Respite"  shall  mean  the  provision  of  intermittent  temporary
substitute care of mentally retarded or developmentally disabled persons
on behalf of and in the absence of the parent or legal guardian  of  the
mentally retarded or developmentally disabled person, for the purpose of
providing relief from the stresses of responsibilities concommitant with
providing continued care. Respite shall not exceed forty-two days in any
calendar  year  for  any  individual  except  where  authorized  by  the
commissioner, subject to the approval of the director of the budget.
2. "Provider" shall mean any person, firm,  corporation,  governmental
subdivision  or  state  agency which renders respite services including,
but not limited to: individuals, family care providers  and  volunteers.
Individuals  who  are  a  parent  or legal guardian of a disabled person
receiving the respite  service  may  be  providers  only  where  respite
service  is  rendered  as  part  of a voluntary in-kind program approved
hereunder.
3. "Sponsor" shall mean any person,  firm,  corporation,  governmental
subdivision or state agency approved by the commissioner which contracts
with the office for purposes of a demonstration project pursuant to this
chapter  and  which is responsible for the recruitment, coordination and
arrangement of provider services in a manner which meets  client  needs,
the general supervision of the demonstration project, and the submission
of such information or reports as may be required by the commissioner.
(b)  Respite  demonstration  programs.  1.  The commissioner is hereby
authorized to establish respite demonstration projects for the  purposes
of  establishing  eligibility  criteria for respite services; evaluating
the  demand  for  respite  services  and  the  means   of   effectively,
efficiently  and  economically  meeting  such  demand;  ascertaining the
respite services available and necessary to meet the demand;  evaluating
the  effectiveness  of  utilizing  paid  providers  which  are not state
agencies for the provision of respite services; evaluating the viability
of financing the provision of respite services through user fees and  by
local  government  units; evaluating the effectiveness and efficiency of
utilizing a program of voluntary in-kind services for the  provision  of
respite;  evaluating  the  relationship between respite and the need for
institutionalization; identifying the costs of providing such  services;
and  the  effectiveness  of  continuing  such projects. The commissioner
shall establish regulations as may be necessary for  the  implementation
of such demonstration projects.
2.  The  commissioner is authorized to demonstrate, where appropriate,
the viability of  the  provision  of  insurance  coverage  necessary  to
protect  and  defend  providers from liability for claims arising out of
the provision of voluntary in-kind respite services.
3. The commissioner, within four months after the  effective  date  of
this  section,  shall  publicize  the  existence of, and make available,
application forms for such demonstration projects.
4. Such application forms shall contain notification of  the  purposes
of  respite  projects  as set forth in paragraph one of this subdivision
and shall require the submission of such information as the commissioner
deems necessary  for  the  evaluation  of  such  proposed  demonstration
projects. This information shall include, but not be limited to:
i.  the  identity  and  qualifications  of the sponsor and provider or
providers and a plan for the coordination of their services;
ii. the assessment of the demand and availability for respite services
within the community to be served;
iii. evidence of the level of community support and participation;
iv. a fiscal plan, including specific provisions for  the  utilization
of  existing  reimbursement  and  funding  sources,  and availability of
potential funding sources; and
v.  plans  for publicizing the purpose of the project and the services
to be provided, including the identities, services and charges  of  each
participating provider.
5.  All  applications  shall  be received by the commissioner no later
than January first, nineteen hundred  eighty-three  at  which  time  the
commissioner  shall  have four weeks to review and certify projects and,
subject to the approval of the director  of  the  budget  award  grants,
within  amounts  available  therefor, for the operation of demonstration
projects from funds appropriated therefor.
Award of such grant shall be contingent upon receipt  of  evidence  by
the  commissioner  that  the  combination of projects to be selected for
such awards shall be capable of achieving those purposes  set  forth  in
paragraph  one  of this subdivision. Notification and description of all
such awards shall be forwarded to the chairman  of  the  senate  finance
committee and to the chairman of the assembly ways and means committee.
6. The commissioner shall contract with a sponsor for the provision of
respite services pursuant to this section.
(c)   On  or  before  the  first  day  of  January,  nineteen  hundred
eighty-four the commissioner shall issue a report to the  governor,  the
director  of  the  budget, the chairman of the senate finance committee,
and the chairman of the assembly ways and means committee evaluating the
appropriateness of continuing respite projects which shall include,  but
not be limited to:
1.  An  analysis  of  the  effectiveness  of  respite in promoting the
continuance  of  quality   care   for   such   mentally   retarded   and
developmentally disabled persons.
2.  A  qualitative  and  quantitative  analysis  of  respite  services
rendered by providers herein, together with demographic analysis of  the
families  and  mentally  retarded  or  developmentally  disabled persons
participating  in  the  project  and  the  degree   of   disability   of
participants.
3.  An  assessment of the nature and extent of the demands for respite
services and an analysis of accessibility and availability  of  services
to meet this demand.
4.  Specific identification of any factors which significantly enhance
or inhibit the successful provision of respite.
5. A comparative assessment of the costs, efficiency and effectiveness
of each type of service  or  combination  of  services  provided  either
pursuant to this section or otherwise existing.
6. Methods for funding respite services, including:
i. state financial support;
ii. federal funds;
iii. local funds;
iv. available third party reimbursement for qualified services;
v. user fees; and
vi. in-kind services for users of respite services.
7. A financial report for each project.
8.  A  qualitative  and  quantitative  description of respite services
provided through developmental centers and the home care program and any
other respite services provided through the office or any other provider
as well as an analysis of  the  effectiveness  and  efficiency  of  such
respite services.
9.  Recommendations  for  client  eligibility criteria for all respite
services described by the report issued pursuant to this paragraph.
(d) No funds shall be paid to any parent or guardian for the provision
of respite services to his or her own child or dependent.
* NB Expired March 31, 1984
* NB There are 2 § 41.40