N.Y. Elder Law § 203: Programs for the aging

§ 203. Programs for the aging. 1. The office shall submit to the

federal department of health and human services a state plan for

purposes of the federal Older Americans Act of 1965 and subsequent

amendments thereto. The office shall be the single state agency for

supervising the administration of such plan and shall be primarily

responsible for coordination of state programs for the aging for

purposes of such federal act. The office shall act for the state in any

negotiations relative to the submission and approval of such plan and

may make such arrangements, not inconsistent with law, as may be

required by or pursuant to federal law to obtain and retain such

approval and to secure for the state the benefits of the provisions of

such federal act. For the purposes of administering such state plan

approved by the federal department of health and human services, when

targeting program services and supports based on "greatest social need",

the office shall consider the need caused by non-economic factors which

shall include, but not be limited to: physical or mental disability;

Alzheimer's disease or other forms of dementia; language barriers

including limited English proficiency and low literacy; and cultural,

social, or geographic isolation caused by, among other things, racial

and ethnic status, sexual orientation, gender identity or expression,

rural residence, homebound status, caregiver status, risk of

institutionalization, or HIV status when such isolation restricts the

ability of an individual to perform normal daily tasks or threatens the

ability of the individual to live independently.

2. In addition to the powers and duties contained in section two

hundred two of this title, the office is hereby authorized, to the

extent appropriations are available therefor, to establish, operate and

maintain, or to contract with counties, cities, towns, villages, school

districts or public or private nonprofit corporations, associations,

institutions, or agencies concerned with the aging, for the operation

and maintenance of programs for the aging. Pursuant to the rules and

regulations of the office, such programs may include, but need not be

limited to, the following:

(a) coordination and community planning;

(b) information services;

(c) counselling services;

(d) home care and protection services;

(e) operation of multi-service centers; and

(f) retired senior volunteer programs.

3. The director, with the advice of the advisory committee for the

aging, shall make appropriate rules and regulations governing the

submission and approval of applications for the operation of programs

for the aging pursuant to subdivision two of this section. If an

application is disapproved, the applicant, upon request, shall be

afforded a hearing before the director or his or her designee.

4. (a) As required by the office, each county, city, town, village,

school district or public or private nonprofit corporation, association,

institution or agency operating a program for the aging pursuant to

subdivision two of this section shall submit to the office (1) a

quarterly estimate of anticipated expenditures for operation and

maintenance of such program, including rental of buildings, purchase of

equipment, administrative expenses, miscellaneous personal expenses of

older persons incurred in the provision of volunteer services, and

approved expenditures for minor alterations or repairs, not less than

thirty days before the first day of the months of April, July, October

and January, and (2) a verified accounting of the financial operations

of such program during the preceding calendar quarter, together with a

claim for reimbursement as provided in this title, on or before the

thirtieth day of April, July, October and January. The director may

permit the submission of such accountings with respect to periods

exceeding three months, but not exceeding one year.

(b) After receipt of a satisfactory quarterly estimate and verified

accounting pursuant to paragraph (a) of this subdivision, the director

shall certify to the comptroller, for payment by the state to each such

county, city, town, village, school district or public or private

nonprofit corporation, association, institution or agency, the

expenditures thereof, approved by the office, as follows:

(i) the amount of federal funds, if any, properly received for such

expenditures; and

(ii) up to fifty percentum of such expenditures, after first deducting

therefrom any federal funds properly received with respect to such

expenditures.

5. Notwithstanding the provisions of subdivision four of this section,

but subject to and in the manner specified in this subdivision, the

office, in its discretion, may entertain and approve applications for

interim payments.

(a) Such an application may be approved by the office, upon being

satisfied that the requirement for filing a verified accounting of the

financial operation of a program during the preceding calendar quarter

before a claim for reimbursement based on the expenditures for such

quarter may be made, is likely to cause a financial hardship to the

applicant.

(b) Such an application may be made at the time of filing the

quarterly estimate of anticipated expenditures as specified in

subdivision four of this section or at such other time as the office

shall specify.

(c) After receipt of a satisfactory quarterly estimate, the office may

direct the director to certify to the comptroller for payment an interim

payment in such amount as the office shall specify.

(d) The amount of the interim payment which the office may authorize

shall not exceed an amount equal to one-third of the amount which the

applicant may reasonably be entitled to receive in accordance with the

provisions of subdivision four of this section, for the three month

period for which a satisfactory quarterly statement has been filed,

based on such satisfactory quarterly estimate. The amount of an interim

payment received by the applicant shall be subtracted from the amount

payable to the applicant for such three-month period.

6. The director is hereby authorized, within amounts appropriated

therefor, to make grants-in-aid to existing foster grandparent grantee

agencies for the engagement of foster grandparents in qualified

residential group homes for neglected and disadvantaged children, in

private homes, day care centers, special education classes in public

schools, or other public or private nonprofit institutions or agencies

providing care for neglected and disadvantaged children who lack close

personal relationships. Up to twenty percent of such grants-in-aid may

be expended for the administrative purposes of such grantee agencies,

with the approval of the office. Such grants shall be for a period of

twelve months or less, shall not be used to match other state funds,

shall not be used as a substitute for federal allocations, and shall be

made in a manner which does not conflict with federal law, rule or

regulation pursuant to title II of the United States domestic volunteer

services act of nineteen hundred seventy-three, as amended. Grants may

be used to match federal funds but must be used for expansion of

existing federal programs, not as a substitute for presently required

non-federal shares. Each grantee shall file reports at such time and

containing such information as the office shall require. For the purpose

of administering such grants-in-aid the office may make such agreements

with other public agencies as are deemed necessary.

7. The director is hereby authorized, within amounts appropriated

therefor, to make grants-in-aid to retired and senior volunteer programs

for the engagement of individuals fifty-five years of age or over to

serve as volunteers for the betterment of their community and

themselves. Such volunteer activities may include but shall not be

limited to assisting with the preparation of meals at nutrition sites;

leading activities at child care centers; delivering meals to homebound

elderly; providing telephone reassurance and/or friendly visits to the

frail elderly; tutoring adults or children; assisting with services for

the homeless and assisting school districts which request volunteers for

the purpose of notifying a person in parental relation to any elementary

school pupil when such pupil is deemed absent from required attendance

at his or her designated school. The services of these volunteers will

be performed in the community where such individuals reside or in nearby

communities. Up to ten percent of such grants-in-aid may be expended for

the administrative purposes of such programs, with the approval of the

office. Such grants shall be for a period of twelve months or less,

shall not be used to match other state funds, shall not be used as a

substitute for federal allocations, and shall be made in a manner which

does not conflict with federal law, rule or regulation pursuant to title

II of the United States domestic volunteer services act of nineteen

hundred seventy-three, as amended. Grants may be used to match federal

funds, but not as a substitute for presently required non-federal

shares. Each grantee shall file reports at such time and containing such

information as the office shall require. For the purpose of

administering such grants-in-aid the office may make such agreements

with other public agencies as are deemed necessary.

* 8. The director, in consultation with the commissioner of health,

shall establish a program to be known as the NY Connects: Choices for

Long Term Care. The purpose of this initiative is to provide consistent,

comprehensive, locally-based information and assistance on long term

care services to consumers, caregivers and families to help them make

educated choices. This program shall provide individuals, caregivers,

and families with objective information and assistance about home,

community-based and institutional long term care services. NY Connects

will be available on a voluntary basis to consumers, caregivers and

their families. There shall be an on-going education and outreach

campaign to educate the public about long term care services available

in their community and to assist consumers in preparing for their long

term care needs.

* NB Effective until August 19, 2027

* 8. The director, in consultation with the commissioner of health,

shall establish a program to be known as the NY Connects: Choices for

Long Term Care. The purpose of this initiative is to provide consistent,

comprehensive, locally-based information and assistance on long term

care services to consumers, caregivers and families to help them make

educated choices. This program shall provide individuals, caregivers,

and families with objective information and assistance about home,

community-based and institutional long term care services, including

programs and services for individuals suffering from Alzheimer's disease

or other forms of dementia. NY Connects shall be available on a

voluntary basis to consumers, caregivers and their families. There shall

be an on-going education and outreach campaign to educate the public

about long term care services and programs and services for individuals

suffering from Alzheimer's disease or other forms of dementia available

in their community and to assist consumers in preparing for their long

term care needs.

* NB Effective August 19, 2027

9. The director of the office for the aging is hereby authorized, to

the extent appropriations are available therefor, to establish, operate

and maintain, under the control of the office for the aging or in

conjunction with an association, institution, agency, or other public or

private entity, or community program engaged in the care of animals, one

or more senior pet companionship programs. The purpose and intent of a

senior pet companionship program shall be to match seniors who have

limited social contact with pets, including cats and dogs and other

small animals, to improve the lives of such seniors by enhancing their

emotional and mental well-being through such companionship.

10. The director is hereby authorized, to the extent appropriations

are available therefor, to establish grants to a not-for-profit

organization, through a request for proposal process, to provide

training, outreach and education to agencies, individuals and other

appropriate entities who provide services to the lesbian, gay, bisexual,

and transgender senior populations.

11. (a) The director shall develop a list of programs and services

offered by local area agencies on aging along with contact information

for the local area agencies on aging and NYConnects organized by county.

(b) The information developed pursuant to paragraph (a) of this

subdivision shall be made available on the office's website and provided

to hospital discharge coordinators located in the state.

12. (a) The director is hereby authorized to implement private pay

protocols for programs and services administered by the office. These

protocols may be implemented by area agencies on aging at their option

and such protocols shall not be applied to services for a participant

when being paid for with federal funds or funds designated as federal

match, or for individuals with an income below two hundred and fifty

percent of the federal poverty level. All private payments received

directly by an area agency on aging or indirectly by one of its

contractors shall be used to supplement, not supplant, funds by state,

federal, or county appropriations. Such private pay payments shall be

set at a cost to the participant of not more than twenty percent above

either the unit cost to the area agency on aging to provide the program

or service directly, or the amount that the area agency on aging pays to

its contractor to provide the program or service. Private pay payments

received under this subdivision shall be used by the area agency on

aging to first reduce any unmet need for programs and services, and then

to support and enhance services or programs provided by the area agency

on aging. No participant, regardless of income, shall be required to pay

for any program or service that they are receiving at the time these

protocols are implemented by the area agency on aging. This subdivision

shall not prevent cost sharing for the programs and services established

pursuant to section two hundred fourteen of this title. Consistent with

federal and state statute and regulations, when providing programs and

services, area agencies on aging and their contractors shall continue to

give priority for programs and services to individuals with the greatest

economic or social needs. In the event that the capacity to provide

programs and services is limited, such programs and services shall be

provided to individuals with incomes below two hundred and fifty percent

of the federal poverty level before such programs and services are

provided to those participating in the private pay protocol pursuant to

this subdivision.

(b) Area agencies on aging participating in the private pay protocol

shall annually report to the office the unmet need, if any, for all

programs and services offered, the number of participants that privately

paid for each program or service for that year, the rates participants

were charged for each program or service provided, and how unmet need

for programs or services offered by the area agency on aging were

affected by revenue from the private pay protocol. Such annual report

shall also be shared with the Temporary President of the Senate and the

Speaker of the Assembly no later than July first, two thousand

twenty-one and shall be updated and reissued on an annual basis

thereafter.