§ 213. Reports. 1. The office shall from time to time report to the\ngovernor, and shall make an annual report to the governor and\nlegislature.\n 2. Such annual report shall:\n (a) Describe the progress, problems and other matters related to the\nprovision of services to older persons by programs administered by the\noffice including, but not limited to the federal older Americans act of\n1965, the community services for the aging program and the recreation\nprogram for the elderly;\n (b) Assess the effectiveness of the community services for aging\nprogram pursuant to section two hundred fourteen of this title in\ncoordinating and improving the local delivery of services to the\nelderly; and\n (c) Include recommendations for expanding or replicating service\nprograms that have been determined effective in helping needy elderly\nremain in the community and to avoid institutional care, including\nrecommendations for traditionally underserved aged populations,\nincluding, but not limited to, populations based on race, creed, color,\nnational origin, sexual orientation, gender identity or expression,\nmilitary status, sex, marital status, disability, familial status, and\nlanguage; and\n (d) Assess the progress, problems, and effectiveness of the provisions\nof services to older persons by programs administered by the office\ndelivered to traditionally underserved populations, including but not\nlimited to, aged populations based on actual or perceived race, creed,\ncolor, national origin, sexual orientation, gender identity or\nexpression, military status, sex, marital status, disability, familial\nstatus, language, or people who are associated with an individual who is\nor is perceived to be a member of any of these traditionally underserved\npopulations.\n 3. Such annual report shall also present in quantitative, as well as\nin qualitative, terms, a report on the quality of life of the aged in\nour state, including:\n (a) A report on the impact of inflation on the aged.\n (b) A report on mortality trends in the upper age brackets, including\nchronic disease trends among older persons.\n (c) A report on crime trends impacting on the aged.\n (d) A report on the numbers of elderly living in substandard housing,\nnumbers of new housing facilities for the aged in public, non-profit or\nlimited profit housing.\n (e) A report on coverage of the aged in the state by various public\nsocial security programs, pension plans, private retirement plans, and\nassistance programs.\n (f) A report on unemployment and employment of older persons,\nincluding prevalence of age discrimination in the labor market and\nefforts to provide education, information, and recommendations for\nlegislation, trends toward early or later retirement, duration of\nunemployment by age groupings, self-employment and partial employment of\nolder persons.\n (g) A report on the hot meal program within the state, including costs\nper meal, number of aged served, as well as a report on the\nmeals-on-wheels program.\n (h) A report on the recreational services for the aged, including\nnumbers of senior centers and clubs, membership and programming\nprovided.\n (i) A report on the extent to which the aged are provided adult\neducation courses in public schools or are attending college courses.\n (j) A report on institutionalization of aged, including trends in\nmental hospitals, skilled nursing homes, health related facilities,\nadult homes, including length of stay, costs, occupancy rates, extent to\nwhich local communities are providing care for institutionally released\naged.\n (k) A report on the specific needs of traditionally underserved aged\npopulations, including, but not limited to, populations based on actual\nor perceived race, creed, color, national origin, sexual orientation,\ngender identity or expression, military status, sex, marital status,\ndisability, familial status, and language.\n (l) A report on the number of older adults who are primary caregivers\nor guardians of minors including prevalence by age range, circumstances\nthat lead to older adults becoming primary caregivers or guardians to\nminors, an analysis of what services are available through the office\nand other state agencies to assist these older adult primary caregivers\nand guardians, and recommendations regarding support for older adults\nwho are primary caregivers or guardians for minor children.\n (m) A report on substance use disorders among older adults including\nprevalence of substance use disorders, what programs and services are\navailable from or in conjunction with the office, an analysis of what\nservices are needed to assist older adults dealing with substance use\ndisorders, and recommendations regarding how the office can assist and\nparticipate in efforts to assist older adults dealing with substance use\ndisorders.\n 4. The legislature hereby declares that, as a matter of state policy,\ncaring services and programs for seniors should be shaped by the\nprinciples of strengthening independence, affirming dignity, and\nmaximizing choice, and a recognition that seniors and their families and\nintimates provide a vast potential source of social, cultural, historic,\nand spiritual enrichment and leadership.\n The office shall enunciate these principles in the form of a bill of\nrights for seniors, and shall, in addition to any other report required\nby this section, report annually, not later than June first of each\nyear, on the progress being made in their advancement by state agencies\nand local governments in the development and operation of programs for\nseniors. Such report shall discuss progress in the following principles\nwith respect to programs for seniors:\n (a) Seniors needing long term care in an institution or in an\nappropriate community-based alternative should be able to obtain such\ncare at an affordable cost in a timely manner from reliable and\nresponsible providers who can provide choices that meet the preferences\nof these seniors, and who have the capacity to provide a smooth\ntransition to other forms of long term care when appropriate. Such\nprograms should, whenever possible, provide a continuum of quality\nhealth care, either within a single institution, or through a consortium\nof providers.\n (b) Public policy should affirm seniors' desire to maintain a high\nquality of life by living with dignity in their own communities, by\nsupporting the efforts of informal caregivers such as family, friends\nand neighbors who provide eighty percent of all personal care and\nassistance to seniors.\n (c) A goal of policy and programs in New York should be to help\nseniors obtain or maintain affordable and secure housing that allows\nthem to age in place in their own communities with supportive assistance\nand access to health related services in a manner that ameliorates\nproblems of income, changes in family structure, health, threats to\npersonal safety, and architectural and structural inadequacies.\n (d) Programs intended to offset excessive health care and prescription\ndrug costs for seniors, and to make health care, particularly wellness\nand prevention programs, more affordable, should be designed to expand\nchoice and promote ease of access for seniors rather than to simply\nprovide ease of management and control for bureaucrats and program\nmanagers.\n (e) State and local policies and program guidelines should support the\nmost creative and flexible approaches to providing care for seniors, so\nas to promote and sustain the autonomy and mobility of seniors, and to\ntap their potential to enrich their communities.\n (f) Seniors should be able to continue their productive lives in the\ncommunity of New York without fear of discrimination based on age, and\npublic policy should seek means of increasing opportunities for\ncontribution from these respected members of our community by supporting\nand encouraging a healthy social environment that enables seniors to\ncontinue their productive lives if they wish, that affirms and\nencourages their ability to achieve financial security, and that works\nto preserve their dignity, safety, and independence.\n (g) Public programs should promote personal security for seniors,\nencourage personal responsibility of their families and intimates, and\nrecognize and build on the interdependence of all generations and the\ndiversity of our population.\n (h) Public investment in programs providing health care and other\nsocial help for seniors should be provided at a level which supports\npublic mandates with respect to these programs.\n (i) No declaratory relief, injunctive remedy or monetary liability\nagainst the state of New York or any political subdivision thereof, or\nany public or private entity, domiciled or doing business in the state\nof New York, or any employee or officer thereof, shall be created or\ngranted based upon the principles set forth in this subdivision, or upon\nthe enunciation of said principles to be made by the office pursuant\nthereto. No claim for contribution or indemnification shall be created\nbased upon this subdivision. No assignment of claim shall be prosecuted\nbased upon this subdivision.\n (j) Existing powers of the office for the aging shall not be changed\nby this subdivision.\n * 5. Every state department, bureau, or agency or office shall\ncooperate to the fullest extent possible in providing such data as the\noffice may need to assemble such reports, including recommendations by\nthe director to the governor and legislature.\n * NB Amended Ch. 640/2004 §1, language juxtaposed per Ch. 642/2004 §12\n