2023 New York Laws › ELD - Elder › Article 2 - Programs for the Elderly › Title 1 - State Office for the Aging › 208 - Respite Program.

§  208.  Respite  program.  1.  The  director  is hereby authorized to
establish and monitor respite projects for the purposes  of  encouraging
the initiation and expansion of respite, evaluating the effectiveness of
respite  in  deterring  and/or delaying institutionalization, evaluating
the demand for respite and of  the  cost  of  utilization  of  different
service modes.
2. For the purposes of this section:
(a)  "Respite"  shall  mean  the provision of infrequent and temporary
substitute care or supervision of frail or disabled adults on behalf  of
and  in  the  absence  of  the  care-giver, for the purpose of providing
relief from the stresses or responsibilities concomitant with  providing
care,  so  as  to  enable  the  care-giver to maintain a normal routine.
Respite shall not exceed one hundred days in any calendar year  for  any
individual.  Respite  may  be  provided by any service or combination of
services supplied by individuals, a public agency, a public  corporation
or a private not-for-profit corporation or any proprietary provider.
(b)  "Care-giver" shall mean the family member or other natural person
who normally provides the daily  care  or  supervision  of  a  frail  or
disabled  adult.  Such  care-giver may, but need not, reside in the same
household as the frail or disabled adult.
(c) "Provider" shall mean any entity enumerated in  paragraph  (a)  of
this subdivision which is the supplier of services providing respite.
(d)  "Sponsor"  shall  mean  the  provider, public agency or community
group  approved  by  the  director  which  establishes   a   contractual
relationship  with  the office for the purposes of a project pursuant to
this section, and which is responsible for the recruitment of providers,
the coordination and arrangement of provider services in a manner  which
meets  client  needs,  the general supervision of the local program, and
the submission of such information or reports as may be required by  the
director.
(e)  "Frail  or  disabled adult" shall mean any adult who is unable to
attend to his or her daily  needs  without  the  assistance  or  regular
supervision of a care-giver due to mental or physical impairment and who
is  otherwise  eligible for services on the basis of his or her level of
impairment. Priority shall be given in all cases to  frail  or  disabled
adults sixty years of age or older.
3.  (a)  Notwithstanding  any  inconsistent  provision  of  law to the
contrary, entities qualifying as providers or sponsors pursuant  to  the
provisions  of  paragraphs  (a),  (c) and (d) of subdivision two of this
section are hereby authorized  to  conduct  or  participate  in  respite
projects as approved and extended by the director.
(b) The director shall publicize the existence of, and make available,
application  forms  for  such projects seeking the advice and counsel of
the advisory committee for the aging established pursuant to section two
hundred ten of this title.
(c) Such application  forms  shall  require  the  submission  of  such
information  as  the director deems necessary for the evaluation of such
proposed projects. This information shall include, but  not  be  limited
to:
(1) the identity and qualifications of the sponsor;
(2) the identity and qualifications of the provider or providers and a
plan for the coordination of their services;
(3) an assessment of the community need for respite services including
documentation;
(4) plans for the coordination and arrangement of provider services in
a manner which meets client needs;
(5)  a  fiscal plan, including specific provisions for the utilization
of existing reimbursement and funding sources  and  the  development  of
local financial support;
(6)  plans for publicizing the purpose of the project and the services
to be provided, including the identities, services and charges  of  each
participating provider;
(7)  indications  of  broad-based community support and participation;
and
(8) identification of the unserved or  underserved  population  to  be
served.
(d)  The  director  shall review, require any necessary modifications,
and upon such modification, approve a number of applications and, within
the amounts appropriated therefor, award grants  for  the  operation  of
respite  projects.  Such an approved application shall constitute a plan
of service which may be rendered only in the manner and for  the  period
for  which  such plan has been approved or from time to time extended by
the director. The director shall ensure that each such plan  of  service
is  coordinated  with  the "designated agency" as defined in section two
hundred fourteen of this title, the local social  services  district  or
districts,  and  the local public health agency or agencies in which the
services are to be provided in order to help ensure  that  every  effort
will   be   made  to  utilize  existing  funding  sources  for  eligible
individuals and to avoid unnecessary duplication of services.
(e) Within the amounts appropriated therefor, the director shall  give
first  priority  to  the six existing respite projects established under
the provisions of the respite demonstration program authorized  pursuant
to  chapter  seven  hundred  sixty-seven of the laws of nineteen hundred
eighty-one.
(f) Further consideration shall be given to proposals that:
(1) develop new or expand existing respite care  projects/programs  to
provide  care  to  one  or  more  target  populations that are currently
unserved or underserved in the community;
(2) provide for respite in a geographical area of the  state  that  is
currently without community-based respite care services;
(3) provide services that are responsive to the individual's needs and
circumstances in the targeted area;
(4)  show  utilization  of existing services, coordination of services
with  other  agencies/resources;  and  utilization  of  various  service
components,  such  as  personal  emergency  response  systems, adult day
services, and nutrition services, where appropriate.
4. (a) The director in  consultation  with  the  commissioner  of  the
office  of  children  and  family services may apply for the appropriate
waivers under federal  law  and  regulation  and  may,  subject  to  the
approval  of  the  director  of  the  budget, waive any provision of the
social services law or regulation of the office of children  and  family
services  as may be necessary to make funds which are available pursuant
to the provisions of title XIX or XX of the federal social security act,
the  emergency  assistance  for  families  program  or   the   emergency
assistance  for  adults  program  available to eligible providers if the
recipients of such services are otherwise eligible to  receive  benefits
or services pursuant to the provisions of such programs.
(b) In the event that waivers under federal law and regulation are not
received,  nothing  contained  in  this  section  shall  be construed to
require the expenditure of funds by the state  or  any  locality  in  an
amount greater than if such waivers had been received.
5.  Nothing  contained  in  this  section shall be construed to limit,
modify or otherwise affect the provision  of  care  and  services  of  a

long-term home health care program pursuant to article thirty-six of the
public health law.
6.  For  purposes of determining the eligibility for benefits pursuant
to this chapter, when applicable, only the financial eligibility of  the
frail or disabled adult shall be taken into consideration.
7.  In  addition,  the  director,  within appropriations provided, may
establish a training program  for  respite  workers.  The  six  existing
respite   projects   established   pursuant  to  chapter  seven  hundred
sixty-seven of the laws of nineteen hundred eighty-one shall, insofar as
they are able, assist in providing such a training program.
The director may also enter into contracts with boards of  cooperative
educational  services  pursuant  to  sections nineteen hundred fifty and
forty-six hundred two  of  the  education  law  to  provide  courses  in
training  for  respite  care  workers.  This  training  program shall be
optional for existing programs.
8. Every two years beginning on January first, two thousand five,  the
director  shall submit a report to the governor, the temporary president
of the senate and the speaker of the assembly which shall  include,  but
not be limited to:
(a) A financial report for each project;
(b)  A  qualitative  and  quantitative profile of sponsors, providers,
care-givers, and frail or disabled adults participating in the project;
(c) A comparative assessment of the costs and  effectiveness  of  each
type of service or combinations of services provided;
(d)  An assessment of the nature and extent of the demand for services
which provide respite and an evaluation of the success of such  projects
in meeting this demand;
(e) Specific identification of any factors which significantly enhance
or inhibit the successful provision of respite;
(f) A review of the extent to which priority has been given to persons
aged sixty and over;
(g)  The  coordination of the projects with other agencies, facilities
and institutions providing similar services as well as  the  utilization
and networking with case management programs;
(h) The ability of the projects to provide service at various economic
levels;
(i)  The  adherence  of the program to its original or amended respite
proposal; and
(j) An assessment of the extent of the demand  for  the  services  the
project provides.