2023 New York Laws › ELD - Elder › Article 2 - Programs for the Elderly › Title 1 - State Office for the Aging › 203 - Programs for the Aging.

§  203.  Programs  for  the  aging.  1. The office shall submit to the
federal department of  health  and  human  services  a  state  plan  for
purposes  of  the  federal  Older  Americans  Act of 1965 and subsequent
amendments thereto.  The office shall be the  single  state  agency  for
supervising  the  administration  of  such  plan  and shall be primarily
responsible for  coordination  of  state  programs  for  the  aging  for
purposes  of such federal act. The office shall act for the state in any
negotiations relative to the submission and approval of  such  plan  and
may  make  such  arrangements,  not  inconsistent  with  law,  as may be
required by or pursuant  to  federal  law  to  obtain  and  retain  such
approval  and  to secure for the state the benefits of the provisions of
such federal act. For the purposes  of  administering  such  state  plan
approved  by  the  federal department of health and human services, when
targeting program services and supports based on "greatest social need",
the office shall consider the need caused by non-economic factors  which
shall  include,  but  not  be limited to: physical or mental disability;
Alzheimer's disease  or  other  forms  of  dementia;  language  barriers
including  limited  English  proficiency and low literacy; and cultural,
social, or geographic isolation caused by, among  other  things,  racial
and  ethnic  status,  sexual orientation, gender identity or expression,
rural  residence,  homebound   status,   caregiver   status,   risk   of
institutionalization,  or  HIV  status when such isolation restricts the
ability of an individual to perform normal daily tasks or threatens  the
ability of the individual to live independently.
2.  In  addition  to  the  powers  and duties contained in section two
hundred two of this title, the  office  is  hereby  authorized,  to  the
extent  appropriations are available therefor, to establish, operate and
maintain, or to contract with counties, cities, towns, villages,  school
districts  or  public  or  private nonprofit corporations, associations,
institutions, or agencies concerned with the aging,  for  the  operation
and  maintenance  of  programs  for the aging. Pursuant to the rules and
regulations of the office, such programs may include, but  need  not  be
limited to, the following:
(a) coordination and community planning;
(b) information services;
(c) counselling services;
(d) home care and protection services;
(e) operation of multi-service centers; and
(f) retired senior volunteer programs.
3.  The  director,  with  the advice of the advisory committee for the
aging, shall  make  appropriate  rules  and  regulations  governing  the
submission  and  approval  of applications for the operation of programs
for the aging pursuant  to  subdivision  two  of  this  section.  If  an
application  is  disapproved,  the  applicant,  upon  request,  shall be
afforded a hearing before the director or his or her designee.
4. (a) As required by the office, each county,  city,  town,  village,
school district or public or private nonprofit corporation, association,
institution  or  agency  operating  a  program for the aging pursuant to
subdivision two of this  section  shall  submit  to  the  office  (1)  a
quarterly   estimate  of  anticipated  expenditures  for  operation  and
maintenance of such program, including rental of buildings, purchase  of
equipment,  administrative  expenses, miscellaneous personal expenses of
older persons incurred in  the  provision  of  volunteer  services,  and
approved  expenditures  for  minor alterations or repairs, not less than
thirty days before the first day of the months of April,  July,  October
and  January,  and (2) a verified accounting of the financial operations
of such program during the preceding calendar quarter, together  with  a
claim  for  reimbursement  as  provided  in this title, on or before the

thirtieth day of April, July, October  and  January.  The  director  may
permit  the  submission  of  such  accountings  with  respect to periods
exceeding three months, but not exceeding one year.
(b)  After  receipt  of a satisfactory quarterly estimate and verified
accounting pursuant to paragraph (a) of this subdivision,  the  director
shall  certify to the comptroller, for payment by the state to each such
county, city, town,  village,  school  district  or  public  or  private
nonprofit   corporation,   association,   institution   or  agency,  the
expenditures thereof, approved by the office, as follows:
(i) the amount of federal funds, if any, properly  received  for  such
expenditures; and
(ii) up to fifty percentum of such expenditures, after first deducting
therefrom  any  federal  funds  properly  received  with respect to such
expenditures.
5. Notwithstanding the provisions of subdivision four of this section,
but subject to and in the manner  specified  in  this  subdivision,  the
office,  in  its  discretion, may entertain and approve applications for
interim payments.
(a) Such an application may be approved  by  the  office,  upon  being
satisfied  that  the requirement for filing a verified accounting of the
financial operation of a program during the preceding  calendar  quarter
before  a  claim  for  reimbursement  based on the expenditures for such
quarter may be made, is likely to cause  a  financial  hardship  to  the
applicant.
(b)  Such  an  application  may  be  made  at  the  time of filing the
quarterly  estimate  of  anticipated  expenditures   as   specified   in
subdivision  four  of  this  section or at such other time as the office
shall specify.
(c) After receipt of a satisfactory quarterly estimate, the office may
direct the director to certify to the comptroller for payment an interim
payment in such amount as the office shall specify.
(d) The amount of the interim payment which the office  may  authorize
shall  not  exceed  an amount equal to one-third of the amount which the
applicant may reasonably be entitled to receive in accordance  with  the
provisions  of  subdivision  four  of  this section, for the three month
period for which a satisfactory  quarterly  statement  has  been  filed,
based  on such satisfactory quarterly estimate. The amount of an interim
payment received by the applicant shall be subtracted  from  the  amount
payable to the applicant for such three-month period.
6.  The  director  is  hereby  authorized, within amounts appropriated
therefor, to make grants-in-aid to existing foster  grandparent  grantee
agencies   for  the  engagement  of  foster  grandparents  in  qualified
residential group homes for neglected  and  disadvantaged  children,  in
private  homes,  day  care  centers, special education classes in public
schools, or other public or private nonprofit institutions  or  agencies
providing  care  for neglected and disadvantaged children who lack close
personal relationships. Up to twenty percent of such  grants-in-aid  may
be  expended  for  the administrative purposes of such grantee agencies,
with the approval of the office. Such grants shall be for  a  period  of
twelve  months  or  less,  shall not be used to match other state funds,
shall not be used as a substitute for federal allocations, and shall  be
made  in  a  manner  which  does  not conflict with federal law, rule or
regulation pursuant to title II of the United States domestic  volunteer
services  act  of nineteen hundred seventy-three, as amended. Grants may
be used to match federal  funds  but  must  be  used  for  expansion  of
existing  federal  programs,  not as a substitute for presently required
non-federal shares. Each grantee shall file reports  at  such  time  and
containing such information as the office shall require. For the purpose

of  administering such grants-in-aid the office may make such agreements
with other public agencies as are deemed necessary.
7.  The  director  is  hereby  authorized, within amounts appropriated
therefor, to make grants-in-aid to retired and senior volunteer programs
for the engagement of individuals fifty-five years of  age  or  over  to
serve   as   volunteers  for  the  betterment  of  their  community  and
themselves. Such volunteer activities  may  include  but  shall  not  be
limited  to  assisting with the preparation of meals at nutrition sites;
leading activities at child care centers; delivering meals to  homebound
elderly;  providing  telephone reassurance and/or friendly visits to the
frail elderly; tutoring adults or children; assisting with services  for
the homeless and assisting school districts which request volunteers for
the purpose of notifying a person in parental relation to any elementary
school  pupil  when such pupil is deemed absent from required attendance
at his or her designated school. The services of these  volunteers  will
be performed in the community where such individuals reside or in nearby
communities. Up to ten percent of such grants-in-aid may be expended for
the  administrative  purposes of such programs, with the approval of the
office. Such grants shall be for a period  of  twelve  months  or  less,
shall  not  be  used  to match other state funds, shall not be used as a
substitute for federal allocations, and shall be made in a manner  which
does not conflict with federal law, rule or regulation pursuant to title
II  of  the  United  States  domestic volunteer services act of nineteen
hundred seventy-three, as amended. Grants may be used to  match  federal
funds,  but  not  as  a  substitute  for  presently required non-federal
shares. Each grantee shall file reports at such time and containing such
information  as  the  office  shall  require.   For   the   purpose   of
administering  such  grants-in-aid  the  office may make such agreements
with other public agencies as are deemed necessary.
8. The director, in consultation  with  the  commissioner  of  health,
shall  establish  a  program to be known as the NY Connects: Choices for
Long Term Care. The purpose of this initiative is to provide consistent,
comprehensive, locally-based information and  assistance  on  long  term
care  services  to  consumers, caregivers and families to help them make
educated choices. This program shall  provide  individuals,  caregivers,
and  families  with  objective  information  and  assistance about home,
community-based and institutional long term care services.  NY  Connects
will  be  available  on  a  voluntary basis to consumers, caregivers and
their families. There  shall  be  an  on-going  education  and  outreach
campaign  to  educate the public about long term care services available
in their community and to assist consumers in preparing for  their  long
term care needs.
9.  The  director of the office for the aging is hereby authorized, to
the extent appropriations are available therefor, to establish,  operate
and  maintain,  under  the  control  of  the  office for the aging or in
conjunction with an association, institution, agency, or other public or
private entity, or community program engaged in the care of animals, one
or more senior pet companionship programs. The purpose and intent  of  a
senior  pet  companionship  program  shall  be to match seniors who have
limited social contact with pets, including  cats  and  dogs  and  other
small  animals,  to improve the lives of such seniors by enhancing their
emotional and mental well-being through such companionship.
10. The director is hereby authorized, to  the  extent  appropriations
are   available  therefor,  to  establish  grants  to  a  not-for-profit
organization,  through  a  request  for  proposal  process,  to  provide
training,  outreach  and  education  to  agencies, individuals and other
appropriate entities who provide services to the lesbian, gay, bisexual,
and transgender senior populations.
11. (a) The director shall develop a list  of  programs  and  services
offered  by  local area agencies on aging along with contact information
for the local area agencies on aging and NYConnects organized by county.
(b)  The  information  developed  pursuant  to  paragraph  (a) of this
subdivision shall be made available on the office's website and provided
to hospital discharge coordinators located in the state.
12. (a) The director is hereby authorized  to  implement  private  pay
protocols  for  programs  and services administered by the office. These
protocols may be implemented by area agencies on aging at  their  option
and  such  protocols  shall not be applied to services for a participant
when being paid for with federal funds or funds  designated  as  federal
match,  or  for  individuals  with an income below two hundred and fifty
percent of the federal poverty  level.  All  private  payments  received
directly  by  an  area  agency  on  aging  or  indirectly  by one of its
contractors shall be used to supplement, not supplant, funds  by  state,
federal,  or  county  appropriations. Such private pay payments shall be
set at a cost to the participant of not more than twenty  percent  above
either  the unit cost to the area agency on aging to provide the program
or service directly, or the amount that the area agency on aging pays to
its contractor to provide the program or service. Private  pay  payments
received  under  this  subdivision  shall  be used by the area agency on
aging to first reduce any unmet need for programs and services, and then
to support and enhance services or programs provided by the area  agency
on aging. No participant, regardless of income, shall be required to pay
for  any  program  or  service that they are receiving at the time these
protocols are implemented by the area agency on aging. This  subdivision
shall not prevent cost sharing for the programs and services established
pursuant  to section two hundred fourteen of this title. Consistent with
federal and state statute and regulations, when providing  programs  and
services, area agencies on aging and their contractors shall continue to
give priority for programs and services to individuals with the greatest
economic  or  social  needs.  In  the event that the capacity to provide
programs and services is limited, such programs and  services  shall  be
provided to individuals with incomes below two hundred and fifty percent
of  the  federal  poverty  level  before  such programs and services are
provided to those participating in the private pay protocol pursuant  to
this subdivision.
(b)  Area  agencies on aging participating in the private pay protocol
shall annually report to the office the unmet  need,  if  any,  for  all
programs and services offered, the number of participants that privately
paid  for  each program or service for that year, the rates participants
were charged for each program or service provided, and  how  unmet  need
for  programs  or  services  offered  by  the  area agency on aging were
affected by revenue from the private pay protocol.  Such  annual  report
shall  also be shared with the Temporary President of the Senate and the
Speaker  of  the  Assembly  no  later  than  July  first,  two  thousand
twenty-one  and  shall  be  updated  and  reissued  on  an  annual basis
thereafter.