§ 215 — Social model adult day services programs

§ 215. Social model adult day services programs. 1. Definitions. As\nused in this section:\n (a) "Advisory committee for the aging" shall mean the advisory\ncommittee for the aging established pursuant to section two hundred ten\nof this title.\n (b) "Social adult day services" shall mean a program providing a\nvariety of long term care services to functionally impaired individuals,\nwhether due to physical or cognitive impairments, in a congregate,\ncommunity, or home setting and pursuant to a person-centered service\nplan.\n (c) "Designated agency" shall mean any agency which is either a unit\nof county government, the city of New York, or the governing body or\ncouncil of an Indian tribal reservation, or a private not-for-profit\nagency organized or existing pursuant to the not-for-profit corporation\nlaw, which has been designated as an area agency on aging by the state\noffice for the aging pursuant to the federal older Americans act of\n1965, as amended.\n (d) "Functionally impaired" shall mean a person who needs the\nassistance of another person in at least one of the following activities\nof daily living: toileting, mobility, transferring, or eating; or who\nneeds supervision due to cognitive and/or psycho-social impairment.\n (e) "Social adult day care" shall mean a program providing a variety\nof comprehensive services to functionally impaired elderly persons as\ndefined in regulations established by the director.\n 2. Duties of the director. (a) The director is authorized and directed\nto promulgate rules and regulations, establishing standards and\nrequirements with regard to the operation of all social adult day care\nprograms receiving funding pursuant to this article. Such standards and\nrequirements shall include, but not be limited to:\n (1) services to be provided;\n (2) admission criteria;\n (3) participant cost-sharing;\n (4) assessment and enrollment;\n (5) staffing;\n (6) monitoring and evaluation of programs; and\n (7) any other standards or requirements which the director determines\nto be appropriate.\n (b) Rules and regulations promulgated by the director pursuant to this\nsubdivision shall also direct how social adult day care will be included\nin the planning currently required of designated agencies.\n (c) The director shall develop materials for employees and volunteers\nof programs providing social adult day services or social adult day care\non the signs and symptoms of elder abuse, which shall include identity\ntheft. Such materials shall include, but not be limited to, ways to\ndiscuss suspected elder abuse with seniors where abuse is suspected and\nresources to which seniors may be referred for counseling, shelter, or\nother assistance.\n 3. Funding for social adult day care programs.\n (a) Beginning with amounts appropriated in the two thousand five\nfiscal year, the director shall, within amounts appropriated therefor,\nmake grants available on a competitive basis to not-for-profit or local\ngovernment operated social adult day care programs for functionally\nimpaired elderly persons, with consideration of regional needs and a\nbroad array of models. Such grants shall equal seventy-five percent of\nallowable expenditures for approved services pursuant to this section;\nprovided however that the director may accept certain in-kind\nequivalents to comprise the required twenty-five percent match; and\nprovided further, in the case of providers which can demonstrate\nfinancial need, the director may make grants of up to one hundred\npercent of allowable expenditures pursuant to this section.\n (b) Beginning with the first year that the annual increase in amounts\nappropriated for the purposes of this section shall equal at least five\nmillion dollars, for that increase and all increases thereafter, the\ndirector shall distribute such increases to designated agencies for the\nprovision of social adult day care programs for functionally impaired\nelderly persons based on a formula developed by the office which shall\nconsider at least the following: the number of elderly persons in the\narea; and the number of functionally impaired elderly persons in the\narea as determined by the office. Base funding established under\nparagraph (a) of this subdivision shall continue to be distributed as\nprovided in paragraph (a) of this subdivision. Within the amounts\nappropriated therefor, designated agencies authorized to provide social\nadult day care under this section shall be eligible for reimbursement\nfrom the state for seventy-five percent of allowable expenditures for\napproved social adult day care services pursuant to this section up to a\nlevel authorized by the director; provided however, that certain in-kind\nequivalents may comprise the twenty-five percent match.\n (c) The office may use up to three percent of the total of any funding\nappropriated pursuant to this section for administration.\n (d) The designated agency may use up to three percent of the total of\nany funds provided to the designated agency pursuant to this section for\nadministration.\n 4. Funding eligibility. Funding pursuant to this section shall not be\navailable to social adult day care programs for services provided to\nelderly persons who are eligible for or receiving comparable services to\nthose defined in this section pursuant to title eighteen, nineteen or\ntwenty of the federal social security act, or any other government\nprogram. In addition, funding pursuant to this section shall not\nsupplant any existing public or private funding for social adult day\ncare programs.\n 5. Report of director. The director, after consultation with his or\nher advisory committee, affected state agencies, any affected municipal\nagencies and persons involved in providing social adult day care\nservices, shall make a report, on or before December thirty-first, two\nthousand five, to the governor, the temporary president of the senate,\nthe speaker of the assembly, the chair of the senate standing committee\non aging and the chair of the assembly standing committee on aging on\nthe projected costs and benefits of establishing uniform standards and\nrequirements with regard to operation of social adult day care services\nin the state. The report shall include the director's findings,\nrecommendations and estimate of the fiscal implications of regulating\nsocial adult day care services in the state.\n