New York A 1408: Relates to re-defining the term physically helpless

Bill Text

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A01408 Summary:

BILL NOA01408 

&nbsp

SAME ASSAME AS S04851

&nbsp

SPONSORDinowitz

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §365-f, Soc Serv L

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Expands which individuals qualify to be an individual's personal assistant for the purposes of consumer directed personal assistance programs to include an eligible individual's attorney-in-fact, health care proxy, or legal guardian.

Go to top A01408 Actions:

BILL NOA01408 

&nbsp

01/09/2025referred to health

01/07/2026referred to health

Go to topA01408 Committee&nbspVotes:

Go to topA01408 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01408 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1408

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
 tee on Health

 AN ACT to amend the social services law, in relation to expanding which
 individuals qualify to be an individual's personal assistant for the
 purposes of consumer directed personal assistance programs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 365-f of the social services law,
 2 as amended by section 9 of part QQ of chapter 56 of the laws of 2020, is
 3 amended to read as follows:
 4 3. Division of responsibilities. Eligible individuals who elect to
 5 participate in the program assume the responsibility for services under
 6 such program as mutually agreed to by the eligible individual and
 7 provider and as documented in the eligible individual's record, includ-
 8 ing, but not limited to, recruiting, hiring and supervising their
 9 personal assistants. For the purposes of this section, personal assist-
 10 ant shall mean an adult who has obtained an individual unique identifier
 11 from the state by or before a date determined by the commissioner of
 12 health in consultation with the Medicaid inspector general, and provides
 13 services under this section to the eligible individual under the eligi-
 14 ble individual's instruction, supervision and direction or under the
 15 instruction, supervision and direction of the eligible individual's
 16 designated representative, provided that a [person legally responsible
 17 for an eligible individual's care and support,] parent of an eligible
 18 individual who has not reached the age of eighteen years or an eligible
 19 individual's spouse or designated representative may not be the personal
 20 assistant for the eligible individual [; however, a]. A personal assist-
 21 ant may include any other adult, including any other adult relative,
 22 attorney-in-fact, health care proxy, or legal guardian of the eligible
 23 individual, provided, however, that the program determines that the
 24 services provided by such relative are consistent with an individual's

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02086-01-5

 A. 1408 2

 1 plan of care and that the aggregate cost for such services does not
 2 exceed the aggregate costs for equivalent services provided by a non-re-
 3 lative personal assistant. Any personal information submitted to obtain
 4 such unique identifier shall be maintained as confidential pursuant to
 5 article six-A of the public officers law ("New York state privacy
 6 protection law"). Such individuals shall be assisted as appropriate with
 7 service coverage, supervision, advocacy and management. Providers shall
 8 not be liable for fulfillment of responsibilities agreed to be undertak-
 9 en by the eligible individual. This subdivision, however, shall not
 10 diminish the participating provider's liability for failure to exercise
 11 reasonable care in properly carrying out its responsibilities under this
 12 program, which shall include monitoring such individual's continuing
 13 ability to fulfill those responsibilities documented in [his or her]
 14 their records. Failure of the individual to carry out his or her agreed
 15 to responsibilities may be considered in determining such individual's
 16 continued appropriateness for the program.
 17 § 2. The commissioner of health is authorized and directed to seek
 18 addi