§ 208 — Respite program

§ 208. Respite program. 1. The director is hereby authorized to\nestablish and monitor respite projects for the purposes of encouraging\nthe initiation and expansion of respite, evaluating the effectiveness of\nrespite in deterring and/or delaying institutionalization, evaluating\nthe demand for respite and of the cost of utilization of different\nservice modes.\n 2. For the purposes of this section:\n (a) "Respite" shall mean the provision of infrequent and temporary\nsubstitute care or supervision of frail or disabled adults on behalf of\nand in the absence of the care-giver, for the purpose of providing\nrelief from the stresses or responsibilities concomitant with providing\ncare, so as to enable the care-giver to maintain a normal routine.\nRespite shall not exceed one hundred days in any calendar year for any\nindividual. Respite may be provided by any service or combination of\nservices supplied by individuals, a public agency, a public corporation\nor a private not-for-profit corporation or any proprietary provider.\n (b) "Care-giver" shall mean the family member or other natural person\nwho normally provides the daily care or supervision of a frail or\ndisabled adult. Such care-giver may, but need not, reside in the same\nhousehold as the frail or disabled adult.\n (c) "Provider" shall mean any entity enumerated in paragraph (a) of\nthis subdivision which is the supplier of services providing respite.\n (d) "Sponsor" shall mean the provider, public agency or community\ngroup approved by the director which establishes a contractual\nrelationship with the office for the purposes of a project pursuant to\nthis section, and which is responsible for the recruitment of providers,\nthe coordination and arrangement of provider services in a manner which\nmeets client needs, the general supervision of the local program, and\nthe submission of such information or reports as may be required by the\ndirector.\n (e) "Frail or disabled adult" shall mean any adult who is unable to\nattend to his or her daily needs without the assistance or regular\nsupervision of a care-giver due to mental or physical impairment and who\nis otherwise eligible for services on the basis of his or her level of\nimpairment. Priority shall be given in all cases to frail or disabled\nadults sixty years of age or older.\n 3. (a) Notwithstanding any inconsistent provision of law to the\ncontrary, entities qualifying as providers or sponsors pursuant to the\nprovisions of paragraphs (a), (c) and (d) of subdivision two of this\nsection are hereby authorized to conduct or participate in respite\nprojects as approved and extended by the director.\n (b) The director shall publicize the existence of, and make available,\napplication forms for such projects seeking the advice and counsel of\nthe advisory committee for the aging established pursuant to section two\nhundred ten of this title.\n (c) Such application forms shall require the submission of such\ninformation as the director deems necessary for the evaluation of such\nproposed projects. This information shall include, but not be limited\nto:\n (1) the identity and qualifications of the sponsor;\n (2) the identity and qualifications of the provider or providers and a\nplan for the coordination of their services;\n (3) an assessment of the community need for respite services including\ndocumentation;\n (4) plans for the coordination and arrangement of provider services in\na manner which meets client needs;\n (5) a fiscal plan, including specific provisions for the utilization\nof existing reimbursement and funding sources and the development of\nlocal financial support;\n (6) plans for publicizing the purpose of the project and the services\nto be provided, including the identities, services and charges of each\nparticipating provider;\n (7) indications of broad-based community support and participation;\nand\n (8) identification of the unserved or underserved population to be\nserved.\n (d) The director shall review, require any necessary modifications,\nand upon such modification, approve a number of applications and, within\nthe amounts appropriated therefor, award grants for the operation of\nrespite projects. Such an approved application shall constitute a plan\nof service which may be rendered only in the manner and for the period\nfor which such plan has been approved or from time to time extended by\nthe director. The director shall ensure that each such plan of service\nis coordinated with the "designated agency" as defined in section two\nhundred fourteen of this title, the local social services district or\ndistricts, and the local public health agency or agencies in which the\nservices are to be provided in order to help ensure that every effort\nwill be made to utilize existing funding sources for eligible\nindividuals and to avoid unnecessary duplication of services.\n (e) Within the amounts appropriated therefor, the director shall give\nfirst priority to the six existing respite projects established under\nthe provisions of the respite demonstration program authorized pursuant\nto chapter seven hundred sixty-seven of the laws of nineteen hundred\neighty-one.\n (f) Further consideration shall be given to proposals that:\n (1) develop new or expand existing respite care projects/programs to\nprovide care to one or more target populations that are currently\nunserved or underserved in the community;\n (2) provide for respite in a geographical area of the state that is\ncurrently without community-based respite care services;\n (3) provide services that are responsive to the individual's needs and\ncircumstances in the targeted area;\n (4) show utilization of existing services, coordination of services\nwith other agencies/resources; and utilization of various service\ncomponents, such as personal emergency response systems, adult day\nservices, and nutrition services, where appropriate.\n 4. (a) The director in consultation with the commissioner of the\noffice of children and family services may apply for the appropriate\nwaivers under federal law and regulation and may, subject to the\napproval of the director of the budget, waive any provision of the\nsocial services law or regulation of the office of children and family\nservices as may be necessary to make funds which are available pursuant\nto the provisions of title XIX or XX of the federal social security act,\nthe emergency assistance for families program or the emergency\nassistance for adults program available to eligible providers if the\nrecipients of such services are otherwise eligible to receive benefits\nor services pursuant to the provisions of such programs.\n (b) In the event that waivers under federal law and regulation are not\nreceived, nothing contained in this section shall be construed to\nrequire the expenditure of funds by the state or any locality in an\namount greater than if such waivers had been received.\n 5. Nothing contained in this section shall be construed to limit,\nmodify or otherwise affect the provision of care and services of a\nlong-term home health care program pursuant to article thirty-six of the\npublic health law.\n 6. For purposes of determining the eligibility for benefits pursuant\nto this chapter, when applicable, only the financial eligibility of the\nfrail or disabled adult shall be taken into consideration.\n 7. In addition, the director, within appropriations provided, may\nestablish a training program for respite workers. The six existing\nrespite projects established pursuant to chapter seven hundred\nsixty-seven of the laws of nineteen hundred eighty-one shall, insofar as\nthey are able, assist in providing such a training program.\n The director may also enter into contracts with boards of cooperative\neducational services pursuant to sections nineteen hundred fifty and\nforty-six hundred two of the education law to provide courses in\ntraining for respite care workers. This training program shall be\noptional for existing programs.\n 8. Every two years beginning on January first, two thousand five, the\ndirector shall submit a report to the governor, the temporary president\nof the senate and the speaker of the assembly which shall include, but\nnot be limited to:\n (a) A financial report for each project;\n (b) A qualitative and quantitative profile of sponsors, providers,\ncare-givers, and frail or disabled adults participating in the project;\n (c) A comparative assessment of the costs and effectiveness of each\ntype of service or combinations of services provided;\n (d) An assessment of the nature and extent of the demand for services\nwhich provide respite and an evaluation of the success of such projects\nin meeting this demand;\n (e) Specific identification of any factors which significantly enhance\nor inhibit the successful provision of respite;\n (f) A review of the extent to which priority has been given to persons\naged sixty and over;\n (g) The coordination of the projects with other agencies, facilities\nand institutions providing similar services as well as the utilization\nand networking with case management programs;\n (h) The ability of the projects to provide service at various economic\nlevels;\n (i) The adherence of the program to its original or amended respite\nproposal; and\n (j) An assessment of the extent of the demand for the services the\nproject provides.\n