N.Y. Elder Law § 213: Reports

§ 213. Reports. 1. The office shall from time to time report to the

governor, and shall make an annual report to the governor and

legislature.

2. Such annual report shall:

(a) Describe the progress, problems and other matters related to the

provision of services to older persons by programs administered by the

office including, but not limited to the federal older Americans act of

1965, the community services for the aging program and the recreation

program for the elderly;

(b) Assess the effectiveness of the community services for aging

program pursuant to section two hundred fourteen of this title in

coordinating and improving the local delivery of services to the

elderly; and

(c) Include recommendations for expanding or replicating service

programs that have been determined effective in helping needy elderly

remain in the community and to avoid institutional care, including

recommendations for traditionally underserved aged populations,

including, but not limited to, populations based on race, creed, color,

national origin, sexual orientation, gender identity or expression,

military status, sex, marital status, disability, familial status, and

language; and

(d) Assess the progress, problems, and effectiveness of the provisions

of services to older persons by programs administered by the office

delivered to traditionally underserved populations, including but not

limited to, aged populations based on actual or perceived race, creed,

color, national origin, sexual orientation, gender identity or

expression, military status, sex, marital status, disability, familial

status, language, or people who are associated with an individual who is

or is perceived to be a member of any of these traditionally underserved

populations.

3. Such annual report shall also present in quantitative, as well as

in qualitative, terms, a report on the quality of life of the aged in

our state, including:

(a) A report on the impact of inflation on the aged.

(b) A report on mortality trends in the upper age brackets, including

chronic disease trends among older persons.

(c) A report on crime trends impacting on the aged.

(d) A report on the numbers of elderly living in substandard housing,

numbers of new housing facilities for the aged in public, non-profit or

limited profit housing.

(e) A report on coverage of the aged in the state by various public

social security programs, pension plans, private retirement plans, and

assistance programs.

(f) A report on unemployment and employment of older persons,

including prevalence of age discrimination in the labor market and

efforts to provide education, information, and recommendations for

legislation, trends toward early or later retirement, duration of

unemployment by age groupings, self-employment and partial employment of

older persons.

(g) A report on the hot meal program within the state, including costs

per meal, number of aged served, as well as a report on the

meals-on-wheels program.

(h) A report on the recreational services for the aged, including

numbers of senior centers and clubs, membership and programming

provided.

(i) A report on the extent to which the aged are provided adult

education courses in public schools or are attending college courses.

(j) A report on institutionalization of aged, including trends in

mental hospitals, skilled nursing homes, health related facilities,

adult homes, including length of stay, costs, occupancy rates, extent to

which local communities are providing care for institutionally released

aged.

(k) A report on the specific needs of traditionally underserved aged

populations, including, but not limited to, populations based on actual

or perceived race, creed, color, national origin, sexual orientation,

gender identity or expression, military status, sex, marital status,

disability, familial status, and language.

(l) A report on the number of older adults who are primary caregivers

or guardians of minors including prevalence by age range, circumstances

that lead to older adults becoming primary caregivers or guardians to

minors, an analysis of what services are available through the office

and other state agencies to assist these older adult primary caregivers

and guardians, and recommendations regarding support for older adults

who are primary caregivers or guardians for minor children.

(m) A report on substance use disorders among older adults including

prevalence of substance use disorders, what programs and services are

available from or in conjunction with the office, an analysis of what

services are needed to assist older adults dealing with substance use

disorders, and recommendations regarding how the office can assist and

participate in efforts to assist older adults dealing with substance use

disorders.

4. The legislature hereby declares that, as a matter of state policy,

caring services and programs for seniors should be shaped by the

principles of strengthening independence, affirming dignity, and

maximizing choice, and a recognition that seniors and their families and

intimates provide a vast potential source of social, cultural, historic,

and spiritual enrichment and leadership.

The office shall enunciate these principles in the form of a bill of

rights for seniors, and shall, in addition to any other report required

by this section, report annually, not later than June first of each

year, on the progress being made in their advancement by state agencies

and local governments in the development and operation of programs for

seniors. Such report shall discuss progress in the following principles

with respect to programs for seniors:

(a) Seniors needing long term care in an institution or in an

appropriate community-based alternative should be able to obtain such

care at an affordable cost in a timely manner from reliable and

responsible providers who can provide choices that meet the preferences

of these seniors, and who have the capacity to provide a smooth

transition to other forms of long term care when appropriate. Such

programs should, whenever possible, provide a continuum of quality

health care, either within a single institution, or through a consortium

of providers.

(b) Public policy should affirm seniors' desire to maintain a high

quality of life by living with dignity in their own communities, by

supporting the efforts of informal caregivers such as family, friends

and neighbors who provide eighty percent of all personal care and

assistance to seniors.

(c) A goal of policy and programs in New York should be to help

seniors obtain or maintain affordable and secure housing that allows

them to age in place in their own communities with supportive assistance

and access to health related services in a manner that ameliorates

problems of income, changes in family structure, health, threats to

personal safety, and architectural and structural inadequacies.

(d) Programs intended to offset excessive health care and prescription

drug costs for seniors, and to make health care, particularly wellness

and prevention programs, more affordable, should be designed to expand

choice and promote ease of access for seniors rather than to simply

provide ease of management and control for bureaucrats and program

managers.

(e) State and local policies and program guidelines should support the

most creative and flexible approaches to providing care for seniors, so

as to promote and sustain the autonomy and mobility of seniors, and to

tap their potential to enrich their communities.

(f) Seniors should be able to continue their productive lives in the

community of New York without fear of discrimination based on age, and

public policy should seek means of increasing opportunities for

contribution from these respected members of our community by supporting

and encouraging a healthy social environment that enables seniors to

continue their productive lives if they wish, that affirms and

encourages their ability to achieve financial security, and that works

to preserve their dignity, safety, and independence.

(g) Public programs should promote personal security for seniors,

encourage personal responsibility of their families and intimates, and

recognize and build on the interdependence of all generations and the

diversity of our population.

(h) Public investment in programs providing health care and other

social help for seniors should be provided at a level which supports

public mandates with respect to these programs.

(i) No declaratory relief, injunctive remedy or monetary liability

against the state of New York or any political subdivision thereof, or

any public or private entity, domiciled or doing business in the state

of New York, or any employee or officer thereof, shall be created or

granted based upon the principles set forth in this subdivision, or upon

the enunciation of said principles to be made by the office pursuant

thereto. No claim for contribution or indemnification shall be created

based upon this subdivision. No assignment of claim shall be prosecuted

based upon this subdivision.

(j) Existing powers of the office for the aging shall not be changed

by this subdivision.

* 5. Every state department, bureau, or agency or office shall

cooperate to the fullest extent possible in providing such data as the

office may need to assemble such reports, including recommendations by

the director to the governor and legislature.

* NB Amended Ch. 640/2004 §1, language juxtaposed per Ch. 642/2004 §12