2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 11 - Medical Assistance for Needy Persons › 367-G - Authorization and Provision of Personal Emergency Response Services.

§  367-g.  Authorization  and provision of personal emergency response
services. 1. Personal care  services  and  home  health  services  shall
include,   where  appropriate  as  determined  by  the  social  services
district, the provision of  personal  emergency  response  services  and
shared  aide  services  pursuant to the provisions of subdivision two of
section three hundred sixty-five-a of this chapter. For the  purpose  of
this  section, "personal emergency response services" shall mean (a) the
provision and maintenance of electronic communication equipment  in  the
home  of  an  individual which signals a monitoring agency for help when
activated by the individual, or after  a  period  of  time  if  a  timer
mechanism has not been reset, or by any other activating method; and (b)
the  continuous monitoring of such signals by a trained operator and, in
case of receipt of such  signal,  the  immediate  notification  of  such
emergency  response  organizations  or  persons,  if  necessary,  as the
individual has previously specified.
2. The commissioner  shall  maintain  standards  for  social  services
district's  use and approval of personal emergency response services and
shared aide services, which shall include, but need not  be  limited  to
department standards:
(a)  for  the  personal  emergency  response  system equipment used to
ensure its reliability and appropriate design for the purpose;
(b) providing that use of  personal  emergency  response  services  or
shared  aide  services are part of a plan of care for the recipient that
is based on the comprehensive  assessment  that  such  recipient  has  a
medical  condition,  disability  or  impairment that warrants use of the
service;
(c) requiring that the provider of  the  personal  emergency  response
service   have   sufficient   qualifications   and  expertise,  adequate
information on the client and the plan of  care,  and  the  capacity  to
provide  timely  information  on  calls  received to the social services
district or its designee;
(d) for coordination between the social  services  districts  and  the
emergency  response  organization,  as  well  as  guidelines for regular
updating of information on recipients receiving such service;
(e) with respect to appropriate supervision and safety for  recipients
receiving personal emergency response service or shared aide services;
(f)  assuring  that  the  assessment determines that the recipient can
adequately utilize the personal emergency response system;
(g) assuring that personal emergency response services or shared  aide
services  are medically appropriate, can meet the needs of the recipient
for home care tasks, ensure the quality of the recipient's care and will
not jeopardize the health or safety of the recipient;
(h) for determining the geographic  appropriateness,  in  relation  to
staffing,  of providing shared aide services and assuring that providers
of home care services and districts consider  the  impact  of  the  site
selection  on  the  staff  who will be assigned to work at a shared aide
site and that such staff, and  any  employee  organization  representing
such  staff  where  appropriate,  are  consulted  with  respect  to  the
management and operation of a shared aide site;
(i) assuring that social services districts have a plan for  providing
information  to  consumers and their representatives concerning personal
emergency  response  services  and  shared  aide   services,   including
information  on how to express concerns about the service which they are
receiving.
3.  The department shall establish and issue  the  standards  required
under  subdivision  two hereof to social services districts on or before
the first day of August of nineteen  hundred  ninety-five,  after  first
seeking public comment thereon.  The department, after consultation with

representatives  of  social services districts, home health and personal
care provider agencies and  workers,  providers  of  personal  emergency
response services and elderly or disabled persons who are receiving such
services  shall  prepare a report to the governor and the legislature by
April first, nineteen hundred ninety-six outlining any changes which are
deemed appropriate to the  standards  for  personal  emergency  response
services  and  shared  aide  services which have been established by the
department.