§ 203 — Programs for the aging

New York § 203

• Jurisdiction: New York
• Law ELD: Elder
• Title 1: State Office For the Aging
• Art. 2: Programs For the Elderly

Text

§ 203. Programs for the aging. 1. The office shall submit to the\nfederal department of health and human services a state plan for\npurposes of the federal Older Americans Act of 1965 and subsequent\namendments thereto. The office shall be the single state agency for\nsupervising the administration of such plan and shall be primarily\nresponsible for coordination of state programs for the aging for\npurposes of such federal act. The office shall act for the state in any\nnegotiations relative to the submission and approval of such plan and\nmay make such arrangements, not inconsistent with law, as may be\nrequired by or pursuant to federal law to obtain and retain such\napproval and to secure for the state the benefits of the provisions of\nsuch federal act. For the purposes of administering such state plan\napproved by the federal department of health and human services, when\ntargeting program services and supports based on "greatest social need",\nthe office shall consider the need caused by non-economic factors which\nshall include, but not be limited to: physical or mental disability;\nAlzheimer's disease or other forms of dementia; language barriers\nincluding limited English proficiency and low literacy; and cultural,\nsocial, or geographic isolation caused by, among other things, racial\nand ethnic status, sexual orientation, gender identity or expression,\nrural residence, homebound status, caregiver status, risk of\ninstitutionalization, or HIV status when such isolation restricts the\nability of an individual to perform normal daily tasks or threatens the\nability of the individual to live independently.\n 2. In addition to the powers and duties contained in section two\nhundred two of this title, the office is hereby authorized, to the\nextent appropriations are available therefor, to establish, operate and\nmaintain, or to contract with counties, cities, towns, villages, school\ndistricts or public or private nonprofit corporations, associations,\ninstitutions, or agencies concerned with the aging, for the operation\nand maintenance of programs for the aging. Pursuant to the rules and\nregulations of the office, such programs may include, but need not be\nlimited to, the following:\n (a) coordination and community planning;\n (b) information services;\n (c) counselling services;\n (d) home care and protection services;\n (e) operation of multi-service centers; and\n (f) retired senior volunteer programs.\n 3. The director, with the advice of the advisory committee for the\naging, shall make appropriate rules and regulations governing the\nsubmission and approval of applications for the operation of programs\nfor the aging pursuant to subdivision two of this section. If an\napplication is disapproved, the applicant, upon request, shall be\nafforded a hearing before the director or his or her designee.\n 4. (a) As required by the office, each county, city, town, village,\nschool district or public or private nonprofit corporation, association,\ninstitution or agency operating a program for the aging pursuant to\nsubdivision two of this section shall submit to the office (1) a\nquarterly estimate of anticipated expenditures for operation and\nmaintenance of such program, including rental of buildings, purchase of\nequipment, administrative expenses, miscellaneous personal expenses of\nolder persons incurred in the provision of volunteer services, and\napproved expenditures for minor alterations or repairs, not less than\nthirty days before the first day of the months of April, July, October\nand January, and (2) a verified accounting of the financial operations\nof such program during the preceding calendar quarter, together with a\nclaim for reimbursement as provided in this title, on or before the\nthirtieth day of April, July, October and January. The director may\npermit the submission of such accountings with respect to periods\nexceeding three months, but not exceeding one year.\n (b) After receipt of a satisfactory quarterly estimate and verified\naccounting pursuant to paragraph (a) of this subdivision, the director\nshall certify to the comptroller, for payment by the state to each such\ncounty, city, town, village, school district or public or private\nnonprofit corporation, association, institution or agency, the\nexpenditures thereof, approved by the office, as follows:\n (i) the amount of federal funds, if any, properly received for such\nexpenditures; and\n (ii) up to fifty percentum of such expenditures, after first deducting\ntherefrom any federal funds properly received with respect to such\nexpenditures.\n 5. Notwithstanding the provisions of subdivision four of this section,\nbut subject to and in the manner specified in this subdivision, the\noffice, in its discretion, may entertain and approve applications for\ninterim payments.\n (a) Such an application may be approved by the office, upon being\nsatisfied that the requirement for filing a verified accounting of the\nfinancial operation of a program during the preceding calendar quarter\nbefore a claim for reimbursement based on the expenditures for such\nquarter may be made, is likely to cause a financial hardship to the\napplicant.\n (b) Such an application may be made at the time of filing the\nquarterly estimate of anticipated expenditures as specified in\nsubdivision four of this section or at such other time as the office\nshall specify.\n (c) After receipt of a satisfactory quarterly estimate, the office may\ndirect the director to certify to the comptroller for payment an interim\npayment in such amount as the office shall specify.\n (d) The amount of the interim payment which the office may authorize\nshall not exceed an amount equal to one-third of the amount which the\napplicant may reasonably be entitled to receive in accordance with the\nprovisions of subdivision four of this section, for the three month\nperiod for which a satisfactory quarterly statement has been filed,\nbased on such satisfactory quarterly estimate. The amount of an interim\npayment received by the applicant shall be subtracted from the amount\npayable to the applicant for such three-month period.\n 6. The director is hereby authorized, within amounts appropriated\ntherefor, to make grants-in-aid to existing foster grandparent grantee\nagencies for the engagement of foster grandparents in qualified\nresidential group homes for neglected and disadvantaged children, in\nprivate homes, day care centers, special education classes in public\nschools, or other public or private nonprofit institutions or agencies\nproviding care for neglected and disadvantaged children who lack close\npersonal relationships. Up to twenty percent of such grants-in-aid may\nbe expended for the administrative purposes of such grantee agencies,\nwith the approval of the office. Such grants shall be for a period of\ntwelve months or less, shall not be used to match other state funds,\nshall not be used as a substitute for federal allocations, and shall be\nmade in a manner which does not conflict with federal law, rule or\nregulation pursuant to title II of the United States domestic volunteer\nservices act of nineteen hundred seventy-three, as amended. Grants may\nbe used to match federal funds but must be used for expansion of\nexisting federal programs, not as a substitute for presently required\nnon-federal shares. Each grantee shall file reports at such time and\ncontaining such information as the office shall require. For the purpose\nof administering such grants-in-aid the office may make such agreements\nwith other public agencies as are deemed necessary.\n 7. The director is hereby authorized, within amounts appropriated\ntherefor, to make grants-in-aid to retired and senior volunteer programs\nfor the engagement of individuals fifty-five years of age or over to\nserve as volunteers for the betterment of their community and\nthemselves. Such volunteer activities may include but shall not be\nlimited to assisting with the preparation of meals at nutrition sites;\nleading activities at child care centers; delivering meals to homebound\nelderly; providing telephone reassurance and/or friendly visits to the\nfrail elderly; tutoring adults or children; assisting with services for\nthe homeless and assisting school districts which request volunteers for\nthe purpose of notifying a person in parental relation to any elementary\nschool pupil when such pupil is deemed absent from required attendance\nat his or her designated school. The services of these volunteers will\nbe performed in the community where such individuals reside or in nearby\ncommunities. Up to ten percent of such grants-in-aid may be expended for\nthe administrative purposes of such programs, with the approval of the\noffice. Such grants shall be for a period of twelve months or less,\nshall not be used to match other state funds, shall not be used as a\nsubstitute for federal allocations, and shall be made in a manner which\ndoes not conflict with federal law, rule or regulation pursuant to title\nII of the United States domestic volunteer services act of nineteen\nhundred seventy-three, as amended. Grants may be used to match federal\nfunds, but not as a substitute for presently required non-federal\nshares. Each grantee shall file reports at such time and containing such\ninformation as the office shall require. For the purpose of\nadministering such grants-in-aid the office may make such agreements\nwith other public agencies as are deemed necessary.\n 8. The director, in consultation with the commissioner of health,\nshall establish a program to be known as the NY Connects: Choices for\nLong Term Care. The purpose of this initiative is to provide consistent,\ncomprehensive, locally-based information and assistance on long term\ncare services to consumers, caregivers and families to help them make\neducated choices. This program shall provide individuals, caregivers,\nand families with objective information and assistance about home,\ncommunity-based and institutional long term care services. NY Connects\nwill be available on a voluntary basis to consumers, caregivers and\ntheir families. There shall be an on-going education and outreach\ncampaign to educate the public about long term care services available\nin their community and to assist consumers in preparing for their long\nterm care needs.\n 9. The director of the office for the aging is hereby authorized, to\nthe extent appropriations are available therefor, to establish, operate\nand maintain, under the control of the office for the aging or in\nconjunction with an association, institution, agency, or other public or\nprivate entity, or community program engaged in the care of animals, one\nor more senior pet companionship programs. The purpose and intent of a\nsenior pet companionship program shall be to match seniors who have\nlimited social contact with pets, including cats and dogs and other\nsmall animals, to improve the lives of such seniors by enhancing their\nemotional and mental well-being through such companionship.\n 10. The director is hereby authorized, to the extent appropriations\nare available therefor, to establish grants to a not-for-profit\norganization, through a request for proposal process, to provide\ntraining, outreach and education to agencies, individuals and other\nappropriate entities who provide services to the lesbian, gay, bisexual,\nand transgender senior populations.\n 11. (a) The director shall develop a list of programs and services\noffered by local area agencies on aging along with contact information\nfor the local area agencies on aging and NYConnects organized by county.\n (b) The information developed pursuant to paragraph (a) of this\nsubdivision shall be made available on the office's website and provided\nto hospital discharge coordinators located in the state.\n 12. (a) The director is hereby authorized to implement private pay\nprotocols for programs and services administered by the office. These\nprotocols may be implemented by area agencies on aging at their option\nand such protocols shall not be applied to services for a participant\nwhen being paid for with federal funds or funds designated as federal\nmatch, or for individuals with an income below two hundred and fifty\npercent of the federal poverty level. All private payments received\ndirectly by an area agency on aging or indirectly by one of its\ncontractors shall be used to supplement, not supplant, funds by state,\nfederal, or county appropriations. Such private pay payments shall be\nset at a cost to the participant of not more than twenty percent above\neither the unit cost to the area agency on aging to provide the program\nor service directly, or the amount that the area agency on aging pays to\nits contractor to provide the program or service. Private pay payments\nreceived under this subdivision shall be used by the area agency on\naging to first reduce any unmet need for programs and services, and then\nto support and enhance services or programs provided by the area agency\non aging. No participant, regardless of income, shall be required to pay\nfor any program or service that they are receiving at the time these\nprotocols are implemented by the area agency on aging. This subdivision\nshall not prevent cost sharing for the programs and services established\npursuant to section two hundred fourteen of this title. Consistent with\nfederal and state statute and regulations, when providing programs and\nservices, area agencies on aging and their contractors shall continue to\ngive priority for programs and services to individuals with the greatest\neconomic or social needs. In the event that the capacity to provide\nprograms and services is limited, such programs and services shall be\nprovided to individuals with incomes below two hundred and fifty percent\nof the federal poverty level before such programs and services are\nprovided to those participating in the private pay protocol pursuant to\nthis subdivision.\n (b) Area agencies on aging participating in the private pay protocol\nshall annually report to the office the unmet need, if any, for all\nprograms and services offered, the number of participants that privately\npaid for each program or service for that year, the rates participants\nwere charged for each program or service provided, and how unmet need\nfor programs or services offered by the area agency on aging were\naffected by revenue from the private pay protocol. Such annual report\nshall also be shared with the Temporary President of the Senate and the\nSpeaker of the Assembly no later than July first, two thousand\ntwenty-one and shall be updated and reissued on an annual basis\nthereafter.\n