BILL NUMBER: S4851
SPONSOR: SKOUFIS
 
TITLE OF BILL:
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
 
PURPOSE:
Expands which individuals qualify as an individual's assistant for
consumer-directed personal assistance programs(CDPAP).
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 3 of section 365-f of the social services
law by removing the restriction of a person legally responsible for an
eligible individual's care and support and changing the restriction to
parents of an eligible individual under 18. It also adds adult rela-
tives, attorney-in-fact, health care proxies, and legal guardians to the
list of eligible personal assistants for individuals eligible for
consumer-directed personal assistance programs.
Section 2: Authorizes the commissioner of health to seek federal funding
to maximize federal financial participation in the consumer-directed
personal assistance program.
Section 3: Sets Effective Date.
 
JUSTIFICATION:
New York State is currently facing an unprecedented shortage of home
healthcare workers. According to a report by the Consumer Directed
Personal Assistance Association of New York State (CDPAANYS), 74 percent
of New Yorkers needing home health aides could not retain workers in
2021. Eligible individuals can explore hiring caretakers through consum-
er-directed personal assistance programs (CDPAP), which allow them flex-
ibility and freedom in choosing their caregivers. Through this program,
relatives are generally eligible to be selected as caretakers and reim-
bursed through Medicaid. In many cases, this is advantageous, as the
relative is more intimately familiar with the patient.
However, due to the way, CDPAP is written in state law, parents of chil-
dren between 18-21 are barred from being caretakers under the clause
that they are legally responsible for the individual's care and support.
In many other situations, individuals above the age of 18 are considered
to be legally independent, regardless of if they reside at the same
location as their parents. The same individual should not be treated
differently simply because they now require a caretaker due to circum-
stances beyond their control.
This legislation will rectify this issue and allow parents and adult
relatives of children above 18 to become their caretakers under the
consumer-directed personal assistance program (CDPAP). The number of
individuals that fit the description may be low, and the CDPA program
may not directly fit every eligible individual's or their family's
needs. This will allow parents and direct relatives to be willing and
able to be caretakers for their loved ones and explore those options.
This will ensure all options are available to get these individuals the
care they need and deserve.
 
LEGISLATIVE HISTORY:
Senate
2021: N/A
2022: S8284, Referred to Health
2023: S3530, Referred to Health
2024: S3530, Referred to Health
Assembly
2021: No Assembly Same-As
2022: No Assembly Same-As
2023: A8332, Referred to Health
2024: A8332, Referred to Health
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4851: 365-f social services law, 365-f(3) social services law