2023 New York Laws › ELD - Elder › Article 2 - Programs for the Elderly › Title 1 - State Office for the Aging › 215 - Social Model Adult Day Services Programs.

§  215.  Social  model adult day services programs. 1. Definitions. As
used in this section:
(a) "Advisory  committee  for  the  aging"  shall  mean  the  advisory
committee  for the aging established pursuant to section two hundred ten
of this title.
(b) "Social adult day services"  shall  mean  a  program  providing  a
variety of long term care services to functionally impaired individuals,
whether  due  to  physical  or  cognitive  impairments, in a congregate,
community, or home setting and pursuant  to  a  person-centered  service
plan.
(c)  "Designated  agency" shall mean any agency which is either a unit
of county government, the city of New York, or  the  governing  body  or
council  of  an  Indian  tribal reservation, or a private not-for-profit
agency organized or existing pursuant to the not-for-profit  corporation
law,  which  has been designated as an area agency on aging by the state
office for the aging pursuant to the  federal  older  Americans  act  of
1965, as amended.
(d)  "Functionally  impaired"  shall  mean  a  person  who  needs  the
assistance of another person in at least one of the following activities
of daily living: toileting, mobility, transferring, or  eating;  or  who
needs supervision due to cognitive and/or psycho-social impairment.
(e)  "Social  adult day care" shall mean a program providing a variety
of comprehensive services to functionally impaired  elderly  persons  as
defined in regulations established by the director.
2. Duties of the director. (a) The director is authorized and directed
to   promulgate   rules  and  regulations,  establishing  standards  and
requirements with regard to the operation of all social adult  day  care
programs  receiving funding pursuant to this article. Such standards and
requirements shall include, but not be limited to:
(1) services to be provided;
(2) admission criteria;
(3) participant cost-sharing;
(4) assessment and enrollment;
(5) staffing;
(6) monitoring and evaluation of programs; and
(7) any other standards or requirements which the director  determines
to be appropriate.
(b) Rules and regulations promulgated by the director pursuant to this
subdivision shall also direct how social adult day care will be included
in the planning currently required of designated agencies.
(c)  The director shall develop materials for employees and volunteers
of programs providing social adult day services or social adult day care
on the signs and symptoms of elder abuse, which shall  include  identity
theft.  Such  materials  shall  include,  but not be limited to, ways to
discuss suspected elder abuse with seniors where abuse is suspected  and
resources  to  which seniors may be referred for counseling, shelter, or
other assistance.
3. Funding for social adult day care programs.
(a) Beginning with amounts  appropriated  in  the  two  thousand  five
fiscal  year,  the director shall, within amounts appropriated therefor,
make grants available on a competitive basis to not-for-profit or  local
government  operated  social  adult  day  care programs for functionally
impaired elderly persons, with consideration of  regional  needs  and  a
broad  array  of models. Such grants shall equal seventy-five percent of
allowable expenditures for approved services pursuant to  this  section;
provided   however   that   the  director  may  accept  certain  in-kind
equivalents to comprise the  required  twenty-five  percent  match;  and
provided  further,  in  the  case  of  providers  which  can demonstrate

financial need, the director may  make  grants  of  up  to  one  hundred
percent of allowable expenditures pursuant to this section.
(b)  Beginning with the first year that the annual increase in amounts
appropriated for the purposes of this section shall equal at least  five
million  dollars,  for  that  increase and all increases thereafter, the
director shall distribute such increases to designated agencies for  the
provision  of  social  adult day care programs for functionally impaired
elderly persons based on a formula developed by the office  which  shall
consider  at  least  the following: the number of elderly persons in the
area; and the number of functionally impaired  elderly  persons  in  the
area  as  determined  by  the  office.  Base  funding  established under
paragraph (a) of this subdivision shall continue to  be  distributed  as
provided  in  paragraph  (a)  of  this  subdivision.  Within the amounts
appropriated therefor, designated agencies authorized to provide  social
adult  day  care  under this section shall be eligible for reimbursement
from the state for seventy-five percent of  allowable  expenditures  for
approved social adult day care services pursuant to this section up to a
level authorized by the director; provided however, that certain in-kind
equivalents may comprise the twenty-five percent match.
(c) The office may use up to three percent of the total of any funding
appropriated pursuant to this section for administration.
(d)  The designated agency may use up to three percent of the total of
any funds provided to the designated agency pursuant to this section for
administration.
4. Funding eligibility. Funding pursuant to this section shall not  be
available  to  social  adult  day care programs for services provided to
elderly persons who are eligible for or receiving comparable services to
those defined in this section pursuant to title  eighteen,  nineteen  or
twenty  of  the  federal  social  security  act, or any other government
program. In  addition,  funding  pursuant  to  this  section  shall  not
supplant  any  existing  public  or private funding for social adult day
care programs.
5. Report of director. The director, after consultation  with  his  or
her  advisory committee, affected state agencies, any affected municipal
agencies and  persons  involved  in  providing  social  adult  day  care
services,  shall  make a report, on or before December thirty-first, two
thousand five, to the governor, the temporary president of  the  senate,
the  speaker of the assembly, the chair of the senate standing committee
on aging and the chair of the assembly standing committee  on  aging  on
the  projected  costs and benefits of establishing uniform standards and
requirements with regard to operation of social adult day care  services
in  the  state.  The  report  shall  include  the  director's  findings,
recommendations and estimate of the fiscal  implications  of  regulating
social adult day care services in the state.