§ 215-B — Enriched social adult day services

* § 215-b. Enriched social adult day services. 1. Legislative intent.\nSocial adult day services programs are resources that can help\ncommunities maintain the independence of functionally impaired adults.\nThe level of services needed by some functionally impaired adults\nexceeds the level of assistance currently available through social model\nadult day services programs but is not at the level of support provided\nin an adult day health care program. Social adult day services programs\ncannot enroll new participants whose needs exceed the services that can\nbe provided in the current social adult day services programs.\nAdditionally, these programs must discharge current participants when\ntheir needs cannot be met. Therefore, an enriched social adult day\nservices project shall be established as a demonstration project for the\npurposes of maintaining functionally impaired adults in the community by\ndeterring or delaying institutionalization.\n 2. Definitions. For purposes of this section, the following terms\nshall have the following meanings:\n (a) "Eligible participant" shall mean individuals who are functionally\nimpaired, as defined in section two hundred fifteen of this title, and\nin need of services that exceed the level of assistance currently\navailable through social adult day services programs but not at the\nlevel of support provided by adult day health care programs.\n (b) "Eligible entity" shall mean any not-for-profit or government\nentity, including the governing body or council of an Indian tribal\nreservation, who currently provides all of the services required for\nsocial adult day services programs pursuant to section two hundred\nfifteen of this title; including total assistance with toileting,\nmobility, transferring, and eating where appropriate; and has an\nexisting contract with the state office for the aging.\n (c) "Enriched services" shall include the dispensing of medications by\na registered nurse; health education; counseling; case management;\nrestorative therapies lasting less than six months and maintenance\ntherapies. Restorative and maintenance therapies shall be provided by an\nappropriately licensed health care provider.\n (d) "Optional services" shall mean other non-medical services approved\nby the director designed to improve the quality of life of eligible\nparticipants by extending their independence, avoiding unnecessary\nhospital and nursing home stays, and sustaining their informal supports.\n 3. Duties of the director. (a) The director, in conjunction with the\ncommissioner of health, shall develop an application process whereby\neligible entities may apply for approval to offer enriched services,\noptional services, or both. Such application shall include, but not be\nlimited to:\n (1) an estimate of the number of eligible participants to whom the\neligible entity could effectively provide the services for which they\nare applying to offer pursuant to this section; and\n (2) a plan under which the eligible entity would safely offer the\nservices for which they are applying pursuant to this section, either\ndirectly or through a contract with a licensed health care practitioner\nor licensed home care provider as defined in section thirty-six hundred\nfive of the public health law.\n (b) In considering applications made pursuant to paragraph (a) of this\nsubdivision, the director, in conjunction with the commissioner of\nhealth, may consider:\n (1) eligible entities that can effectively serve eligible participants\nresiding in rural, urban, or suburban settings;\n (2) eligible entities that effectively serve culturally diverse\npopulations;\n (3) eligible entities that demonstrate innovative use of technology,\ncoordination, partnerships, transportation or other services to enable\neligible participants to be effectively served; and\n (4) any other criteria determined to be appropriate.\n 4. Evaluation. On or before January thirtieth, two thousand seventeen,\nthe director shall provide the governor, the speaker of the assembly,\nthe temporary president of the senate, and the chairpersons of the\nassembly and senate aging and health committees with a written\nevaluation of the program. The evaluation shall examine the\neffectiveness of the project in forestalling institutional placement,\nthe costs of providing enriched services in a day care setting,\nparticipant satisfaction and program quality, and identification of the\nprogram design elements necessary for successful replication.\n 5. Grants. (a) The director may, within amounts appropriated therefor,\nmake grants, available on a competitive basis, to eligible entities\nunder this section. Such grants shall be for one hundred percent of the\nallowable expenditures for approved services and expenses under this\nsection.\n (b) In making grants, the director, in conjunction with the\ncommissioner of health, may consider the criteria established under\nsubdivision three of this section.\n (c) Funds made available under this subdivision shall supplement and\nnot supplant any federal, state, or local funds expended by any entity,\nincluding a unit of general purpose local government or not-for-profit,\nto provide services under this section. Funds under this subdivision\ncannot pay for individuals who are eligible under title nineteen of the\nfederal social security act.\n * NB Repealed March 31, 2026\n