Clarifies the meaning of the phrase "greatest social need" for purposes of the administration of programs under the federal Older Americans Act of 1965, defining it to mean 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A629
SPONSOR: Bronson TITLE OF BILL:
An act to amend the elder law, in relation to clarifying the meaning of
the phrase "greatest social need" for purposes of the administration of
programs under the federal Older Americans Act of 1965
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to clarify provisions of Chapter 573 of the
Laws of 2022 relating to clarifying the meaning of the phrase "greatest
social need" for purposes of the administration of programs under the
federal Older Americans Act of 1965.
SUMMARY OF PROVISIONS:
Chapter 573 of the Laws of 2022 defines the term "greatest social need"
in law for purposes of administering the federal Older Americans Act of
1965. This bill amends Chapter 573 to add additional non-economic
factors which shall be considered when targeting program services and
supports based on "greatest social need."
JUSTIFICATION:
This bill would amend Chapter 573 of the Laws of 2022 to further conform
the definition of "greatest social need" in state law to federal law and
regulations.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the elder law relating to clarify-
ing the meaning of the phrase "greatest social need" for purposes of the
administration of programs under the federal Older Americans Act of
1965, as proposed in legislative bills numbers 3.78-A and A.7855, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
629
2023-2024 Regular Sessions
IN ASSEMBLY
January 10, 2023
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Aging
AN ACT to amend the elder law, in relation to clarifying the meaning of
the phrase "greatest social need" for purposes of the administration
of programs under the federal Older Americans Act of 1965
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 203 of the elder law, as amended
2 by a chapter of the laws of 2022 amending the elder law relating to
3 clarifying the meaning of the phrase "greatest social need" for purposes
4 of the administration of programs under the federal Older Americans Act
5 of 1965, as proposed in legislative bills numbers S. 78-A and A. 7855,
6 is amended to read as follows:
7 1. The office shall submit to the federal department of health[,
8 education and welfare] and human services a state plan for purposes of
9 the federal Older Americans Act of 1965 and subsequent amendments there-
10 to. The office shall be the single state agency for supervising the
11 administration of such plan and shall be primarily responsible for coor-
12 dination of state programs for the aging for purposes of such federal
13 act. The office shall act for the state in any negotiations relative to
14 the submission and approval of such plan and may make such arrangements,
15 not inconsistent with law, as may be required by or pursuant to federal
16 law to obtain and retain such approval and to secure for the state the
17 benefits of the provisions of such federal act. For the purposes of
18 administering [the federal Older Americans Act of 1965 and subsequent
19 amendments thereto, the term] such state plan approved by the federal
20 department of health and human services, when targeting program services
21 and supports based on "greatest social need", the office shall [mean]
22 consider the need caused by non-economic factors [that restrict an indi-
23 vidual's ability to perform normal daily tasks or that threaten his or
24 her capacity to live independently. These factors] which shall include,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03951-01-3
A. 629 2
1 but [are] not be limited to[,]: physical or mental disability[,];
2 Alzheimer's disease or other forms of dementia; language barriers[,]
3 including limited English proficiency and low literacy; and cultural
4 [or], social, or geographic isolation caused by, among other things,
5 racial and ethnic status, sexual orientation, gender identity or
6 expression, rural residence, homebound status, caregiver status, risk of
7 institutionalization, or HIV status when such isolation restricts the
8 ability of an individual to perform normal daily tasks or threatens the
9 ability of the individual to live independently.
10 § 2. This act shall take effect on the same date and in the same
11 manner as a chapter of the laws of 2022 amending the elder law relating
12 to clarifying the meaning of the phrase "greatest social need" for
13 purposes of the administration of programs under the federal Older Amer-
14 icans Act of 1965, as proposed in legislative bills numbers S. 78-A and
15 A. 7855, takes effect.
