BILL NUMBER: S358
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the social services law, in relation to removing certain
restrictions on access to home care services; and to repeal certain
provisions of such law relating thereto
 
PURPOSE OF BILL:
To repeal limitations on certain eligibility requirements for an indi-
vidual to receive personal care and private duty nursing services under
Medicaid.
 
SUMMARY OF PROVISIONS:
The bill amends Social Services Law § 365-a and § 365-f to eliminate the
requirement that applicants for Medicaid services in the home have to be
assessed as needing at least limited assistance with physical maneuver-
ing with activities of daily living.
The current law qualifies individuals who need assistance with three or
more activities of daily living, or for persons with a dementia or
Alzheimer's diagnosis, who need assistance with two or more activities
of daily living.
 
JUSTIFICATION:
Activities of daily living include tasks such as dressing, using the
bathroom, moving about one's home, housekeeping, and meals. Assisting
persons who are elderly or with disabilities so that they may remain in
their homes prevents the higher cost of them entering institutional
care. This bill will restore eligibility criteria for home care services
and consumer directed personal assistance (CDPA) to the form it existed
before the 2020 legislation. This bill will ensure that New York contin-
ues to comply with federal requirements under the Olmstead Decision and
Community First Choice (CFC). Eligibility criteria for home care
services must remain less stringent than that of nursing homes to ensure
that services in the least restrictive setting are prioritized as set
forth by Olmstead. Additionally, for the State to remain in compliance
with CFC, avoid lawsuits, and retain the additional federal funding from
the CFC program, we must eliminate any difference in services offered
based on the type of disability.
The goal of this legislation is to allow individuals to continue to
receive these needed services in their homes. For most people, home is
the safest, healthiest, and preferred option. Congregate settings should
be the last resort and are typically much more costly than home care
services. This bill will help minimize institutionalization.
 
LEGISLATIVE HISTORY:
2023-24 - S328 Rivera / A6346 Paulin
2021-22 - S5028-A Rivera / A5367-A Gottfried
 
FISCAL IMPLICATIONS:
To be determined. In 2020, the Division of Budget estimated that this
proposal would cost $277 million.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S358: 365-a social services law, 365-a(2) social services law, 365-f social services law, 365-f(2) social services law