BILL NUMBER: S1747
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the social services law, in relation to eligibility for
medical assistance for personal care services for persons with traumatic
brain injury, cognitive impairments, developmental disabilities, blind-
ness, or visual impairment
 
PURPOSE OR GENERAL IDEA OF BILL:
To clarify that provisions protecting eligibility for personal care at
home, afforded to persons with dementia or Alzheimer's in recently
enacted legislation, extends as well to persons with traumatic brain
injury, cognitive impairments, developmental disabilities, blindness, or
visual impairment.
 
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 2 amend Social Services Law sections 365-a and 365-f, as
it relates to responsibility for medical assistance, to extend that
provision to persons with traumatic brain injury, cognitive impairments,
developmental disabilities, blindness, or visual impairment.
Section 3 provides an effective date.
 
JUSTIFICATION:
"Activities of daily living" (ADLs) are understood as eating, bathing,
getting dressed, toileting, mobility, transferring from a laying or
sitting position to standing, and continence care. Until now, whenever a
Medicaid-eligible person has been assessed as requiring assistance with
routine functions, Medicaid provides at least "level one" personal care.
An individual assessment determined the actual number of hours of this
basic level of service. It was often not even a daily visit, instead
amounting to usually eight hours a week. However, this was enough
support to enable individuals to stay in their homes and communities,
avoiding accidents, injury, deteriorating health conditions, and insti-
tutionalization.
The enacted 2020-21 budget limited access to Medicaid personal care to
only those requiring physical assistance with three or more ADLs. Only
in the case of dementia or Alzheimer's could an applicant avoid the
near-certain diminishing of their health, safety, and ability to remain
at home before Medicaid would come to their aid. It sensibly applies a
lower threshold for people with dementia or Alzheimer's. That lower
threshold should similarly apply to patients with traumatic brain inju-
ry, cognitive impairments, developmental disabilities, blindness, or
visual impairment.
 
PRIOR LEGISLATIVE HISTORY:
2020: S8403/A10486 Gottfried
2021-2022: S3055-A/No same as
2023-2024: S5470/No same-as
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S1747: 365-a social services law, 365-a(2) social services law, 365-f social services law, 365-f(2) social services law