Expands which individuals qualify to be an individual's personal assistant for the purposes of consumer directed personal assistance programs to include an eligible individual's attorney-in-fact, health care proxy, or legal guardian.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1408
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the social services law, in relation to expanding which
individuals qualify to be an individual's personal assistant for the
purposes of consumer directed personal assistance programs
PURPOSE:
Expands which individuals qualify to be an individual's personal assist-
ant for the purposes of consumer directed personal assistance programs
(CDPAP).
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 3 of § 365-f of the social
services law to remove the restriction of a personal legally responsible
for an eligible individual's care and support and changing the
restriction to parents of an eligible individual under the age of 18.
This section also adds adult relatives, attorney in-fact, health care
proxy, and legal guardians to the list of eligible personal assistants
for individuals eligible for consumer directed personal assistance
programs.
Section two of the bill authorizes the commissioner of health to seek
federal funding to maximize federal financial participation for the
consumer directed personal assistance program.
Section three of the bill provides the effective date.
JUSTIFICATION:
New York State is currently facing an unprecedented shortage of home
healthcare workers. According to a report by the Consumer Directed
Personal Assistance Association of New York State (CDPAANYS), 74% of New
Yorkers needing home health aides were unable to retain a worker in
2021.
Eligible individuals can explore hiring caretakers through the consumer
directed personal assistance programs (CDPAP), which allows individuals
flexibility and freedom in choosing their caregiver.Through this
program, relatives are generally eligible to be selected as a caretaker
and reimbursed through Medicaid. In many cases, this is advantageous as
the relative is more intimately familiar with the patient.
However, due to the way CDPAP is written in state law, parents of chil-
dren between the ages of 18-21 are barred from being caretakers, under
the clause that they are legally responsible for the individual's care
and support. In many other situations, individuals above the age of 18
are considered to be legally independent, regardless of if they reside
at the same location as their parents. The same individual should not
be treated different simply because they now require a caretaker due to
circumstances beyond their control. This legislation will rectify this
issue and allow parents and adult relatives of children above the age of
18 to become their caretaker under the consumer directed personal
assistance program (CDPAP).
While the number of individuals that fit the description may be low, and
the CDPA program may not directly fit the needs of every eligible indi-
vidual or their families, this will allow for parents and direct rela-
tives who are willing and able to be a caretaker for their loved ones
explore those options. This will ensure all options are available to get
these individuals the care they need and deserve.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.8332 - Health / S.3530 - Health
2022: S.8284 - Health
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1408
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to expanding which
individuals qualify to be an individual's personal assistant for the
purposes of consumer directed personal assistance programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 365-f of the social services law,
2 as amended by section 9 of part QQ of chapter 56 of the laws of 2020, is
3 amended to read as follows:
4 3. Division of responsibilities. Eligible individuals who elect to
5 participate in the program assume the responsibility for services under
6 such program as mutually agreed to by the eligible individual and
7 provider and as documented in the eligible individual's record, includ-
8 ing, but not limited to, recruiting, hiring and supervising their
9 personal assistants. For the purposes of this section, personal assist-
10 ant shall mean an adult who has obtained an individual unique identifier
11 from the state by or before a date determined by the commissioner of
12 health in consultation with the Medicaid inspector general, and provides
13 services under this section to the eligible individual under the eligi-
14 ble individual's instruction, supervision and direction or under the
15 instruction, supervision and direction of the eligible individual's
16 designated representative, provided that a [person legally responsible
17 for an eligible individual's care and support,] parent of an eligible
18 individual who has not reached the age of eighteen years or an eligible
19 individual's spouse or designated representative may not be the personal
20 assistant for the eligible individual [; however, a]. A personal assist-
21 ant may include any other adult, including any other adult relative,
22 attorney-in-fact, health care proxy, or legal guardian of the eligible
23 individual, provided, however, that the program determines that the
24 services provided by such relative are consistent with an individual's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02086-01-5
A. 1408 2
1 plan of care and that the aggregate cost for such services does not
2 exceed the aggregate costs for equivalent services provided by a non-re-
3 lative personal assistant. Any personal information submitted to obtain
4 such unique identifier shall be maintained as confidential pursuant to
5 article six-A of the public officers law ("New York state privacy
6 protection law"). Such individuals shall be assisted as appropriate with
7 service coverage, supervision, advocacy and management. Providers shall
8 not be liable for fulfillment of responsibilities agreed to be undertak-
9 en by the eligible individual. This subdivision, however, shall not
10 diminish the participating provider's liability for failure to exercise
11 reasonable care in properly carrying out its responsibilities under this
12 program, which shall include monitoring such individual's continuing
13 ability to fulfill those responsibilities documented in [his or her]
14 their records. Failure of the individual to carry out his or her agreed
15 to responsibilities may be considered in determining such individual's
16 continued appropriateness for the program.
17 § 2. The commissioner of health is authorized and directed to seek
18 additional federal funding to maximize federal financial participation
19 with respect to the consumer directed personal assistance program and to
20 seek such other federal approvals as applicable.
21 § 3. This act shall take effect immediately.
