BILL NUMBER: S7077
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the elder law, in relation to the provision of expanded
non-medical in-home services, non-institutional respite services, case
management services, and ancillary services without a prescription or
physician's order; and to repeal certain provisions of such law relating
thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation makes two changes to the Elder Law: (1) Modifying the
Expanded In-Home Services for the Elderly Program (EISEP) to eliminate
the cost share requirement for EISEP services, and (2) to eliminate any
requirement for the Area Agencies On Aging (AAAs) to obtain a physi-
cian's order to provide non-medical support under EISEP funding.
 
SUMMARY OF PROVISIONS:
This legislation makes two changes to the Elder Law: (1) Modifying the
Expanded In-Home Services for the Elderly Program (EISEP) to eliminate
the cost share requirement for EISEP services, and (2) to eliminate any
requirement for the Area Agencies On Aging (AAAs) to obtain a physi-
cian's order to provide non-medical support under EISEP funding.
 
JUSTIFICATION:
The purpose of this bill is to empower local Area Agencies On Aging
(AAAs) to focus more on efficient and effective delivery of services by
doing two things: ending the de minimis cost sharing provisions for
EISEP Programs and ending the requirement that non-medical model home
care services be subject to a physician's order.
 
REMOVE COST SHARE REQUIREMENTS
All other programs supported by the New York State Office for the Aging
are provided utilizing a voluntary contribution model. There is extreme-
ly limited cost share that is currently and historically obtained by the
AAA network for EISEP services, as the program is targeted for low-in-
come individuals that cannot afford to privately pay for the services.
The total cost share funding obtained by the requirement in 2023-2024
was less than $730,000, and the requirement of the AAA to conduct the
cost share analysis and facilitate billing is significant. Voluntary
contributions for programs provided by the AAA far exceed the mandated
cost share that is collected, and it is an undo burden to the AAA.
 
REMOVE PHYSICIAN ORDERS
The AAA network provides home care services including personal care
level 1 and personal care level 2. These services are a non-medical
model and are predominantly provided by licensed home care providers.
Although these services are non-medical, because they are provided by
licensed home care agencies that are overseen by DOH, many providers are
requesting physician orders to provide care. Medicaid does require a
physician's order, and this should not be applicable to the AAA network
as our services are a social model. The requirement for AAA's to obtain
physician orders is cumbersome and results in a delay of care for indi-
viduals needing services.
 
PRIOR LEGISLATIVE HISTORY:
New Bill 2025.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To Be deciphered.
 
EFFECTIVE DATE:
90 Days.

Statutes affected:
S7077: 214 elder law, 214(4) elder law