§ 217 — Congregate services initiative for the elderly

§ 217. Congregate services initiative for the elderly. 1. Definitions.\nAs used in this section, the following words shall have the following\nmeanings:\n (a) "Designated agency" shall mean an agency which is designated by\nthe chief executive officer of the county if there be one, or otherwise\nthe governing board of such county, or the chief executive officer of\nthe city of New York, or the governing board of an Indian tribal\ncouncil; which is either a unit of county government or the city of New\nYork or an Indian tribal organization or a private non-profit agency,\nand which is the area agency on aging created pursuant to the federal\nolder Americans act of 1965.\n (b) "Elderly person" shall mean a person sixty years of age or older.\n (c) "County" shall mean a county, as defined in section three of the\ncounty law, except that the city of New York shall be considered one\ncounty.\n (d) "Congregate services" shall mean services for elderly persons\nwhich are provided by a public or a government agency or non-profit\nagency which are provided in community settings at which elderly people\ncome together for services and activities that respond to their diverse\nneeds and interests, enhance their dignity, support their independence,\nand encourage their involvement in and with the community and which seek\nto prevent the well elderly from requiring more intensive services such\nas those provided under expanded non-medical in-home services and\nnon-institution respite service. Such services include but are not\nlimited to:\n (1) Information and referral;\n (2) Transportation;\n (3) Nutrition-related services that deal with hunger among the\nelderly;\n (4) Socialization/companionship;\n (5) Educational and cultural opportunities;\n (6) Counseling;\n (7) Support services for families/caregivers;\n (8) Volunteer opportunities;\n (9) Employment services information;\n (10) Health promotion and disease prevention services;\n (11) Financial literacy education; and\n (12) Elder abuse, including identity theft, education and outreach.\n (e) "Non-profit agency" shall mean a corporation organized or existing\npursuant to the not-for-profit corporation law.\n 2. Notwithstanding any provision of this section, nothing contained\nherein shall give the director or a designated agency any\nadministrative, fiscal, supervisory, or other authority whatsoever over\nany plans, programs or expenditures authorized pursuant to titles\neighteen, nineteen and twenty of the federal social security act, or\nover any unit of state or local government.\n 3. Funding. (a) The director shall, within the amounts appropriated\ntherefor, make funds available to designated agencies for the provision\nof congregate services for elderly persons.\n (b) The director shall distribute such funds based on a formula\ndeveloped by the office which shall take into account the geographic\ndistribution of elderly persons within the state and any other factors\ndeemed appropriate by the director.\n 4. (a) Except as otherwise provided in paragraph (b) of this\nsubdivision, the designated agency shall subcontract with public\nagencies, not-for-profit agencies, or other entities to provide\ncongregate services.\n (b) The designated agency may directly operate, with the approval of\nthe director, congregate services.\n (c) The designated agency may use up to five percent of the total of\nany funds provided to the designated agency pursuant to this section for\nadministration.\n 5. Designated agencies qualifying for funds under this section must\ninclude in the current county plan, required under section two hundred\nfourteen of this title, a description of the planning, coordination,\nadministrative and local funding priorities and activities necessary to\nachieve the goals and objectives of this section.\n 6. Within the amounts appropriated therefor, counties authorized to\nprovide congregate services pursuant to this section shall be eligible\nfor reimbursement by the state of up to seventy-five percent of\nallowable expenditures for approved services pursuant to this section.\n 7. The comptroller may withhold the payment of state aid to any county\nin the event that such county alters or discontinues the operations\napproved by the director pursuant to this section or otherwise fails to\ncomply with the regulations or requirements of the director.\n 8. Contracts for services. (a) For the purposes of this section,\ncounties are authorized to contract with public agencies,\nmunicipalities, non-profit agencies, or such other entities as the\ndirector may authorize.\n (b) Congregate services provided pursuant to this section shall not be\nprovided directly by the designated agency unless approval is granted by\nthe director. Such approval may not be given by the director unless the\ndesignated agency directly provided the service prior to approval of the\nannual county plan by the director, or unless it can be shown that the\ndirect provision of a congregate service by the designated agency is\nnecessary due to the absence of an existing suitable provider to assure\nan adequate supply of such service, or to ensure the quality of the\nservice provided.\n (c) Pursuant to an agreement, two or more counties may join together\nfor the purposes of this section. Such agreements shall make provision\nfor the proportionate cost to be borne by each county, the employment of\npersonnel, the receipt and disbursement of funds, and any other matters\ndeemed necessary by the director.\n 9. For the purposes of obtaining state aid within the amounts\nappropriated therefor under this section, a designated agency of an\nIndian tribal organization shall qualify as though it were a designated\nagency for a county.\n 10. On or before February first, two thousand five the office shall\nsubmit a report to the chairs of the assembly ways and means committee,\nthe senate finance committee, and the director of the division of the\nbudget which evaluates and makes recommendations on the congregate\nservices initiative program. The report should include but not be\nlimited to the following information:\n (a) A description of grant recipients and amount of funds received\nthrough area offices on aging for the congregate services initiative.\nThe description of grant recipients should include: the types of\nservices offered at each site, the number of individuals served, and, to\nthe extent practicable, a profile of the individuals served. The office\nshould include a specific recommendation on whether a minimal set of\nservices should be required of each program or if flexible service\nrequirements should be maintained.\n (b) A description of the benefits of the program, including any survey\ninformation obtainable from participants in the program, family members,\nor caregivers for whom the program may serve as respite. The description\nof benefits should also address the extent to which availability of the\nprogram helps to avoid unnecessary institutionalization of participants.\n (c) A description of oversight and planning mechanisms built into the\nprogram and an assessment of the extent to which reconfiguration of the\nrecreation program to the congregate services initiative has improved\nthe delivery and/or oversight of services.\n (d) A description of how providers of congregate services initiative\nservices have coordinated with other agencies, providers, or counties,\nwho offer similar services.\n (e) A description of any known factors which have either contributed\nto successful service delivery or have hindered the congregate services\ninitiative program.\n (f) An assessment of the need for and/or demand for congregate\ninitiative services and the extent to which the congregate services\ninitiative or any other available services, are currently addressing\nthose needs.\n (g) Any other information the office for the aging deems relevant.\n 11. The executive department is authorized to collect any information\nnecessary from grant recipients or area offices on aging necessary to\ncomplete this report.\n 12. With regard to direct grants to community based non-profit\norganizations for the provision of congregate services to persons sixty\nyears of age or older to promote their health, independence and\ninvolvement in the community, congregate services shall be provided at\ncommunity settings where eligible persons come together for services and\nactivities and shall include, but are not limited to: information and\nreferral; transportation; nutrition-related services; socialization;\neducational and cultural opportunities; counseling; support services for\ncaregivers and families; volunteer opportunities; employment services\ninformation; and health promotion and disease prevention services.\n