N.Y. Social Services Law § 367-g: Authorization and provision of personal emergency response services

§ 367-g. Authorization and provision of personal emergency response

services. 1. Personal care services and home health services shall

include, where appropriate as determined by the social services

district, the provision of personal emergency response services and

shared aide services pursuant to the provisions of subdivision two of

section three hundred sixty-five-a of this chapter. For the purpose of

this section, "personal emergency response services" shall mean (a) the

provision and maintenance of electronic communication equipment in the

home of an individual which signals a monitoring agency for help when

activated by the individual, or after a period of time if a timer

mechanism has not been reset, or by any other activating method; and (b)

the continuous monitoring of such signals by a trained operator and, in

case of receipt of such signal, the immediate notification of such

emergency response organizations or persons, if necessary, as the

individual has previously specified.

2. The commissioner shall maintain standards for social services

district's use and approval of personal emergency response services and

shared aide services, which shall include, but need not be limited to

department standards:

(a) for the personal emergency response system equipment used to

ensure its reliability and appropriate design for the purpose;

(b) providing that use of personal emergency response services or

shared aide services are part of a plan of care for the recipient that

is based on the comprehensive assessment that such recipient has a

medical condition, disability or impairment that warrants use of the

service;

(c) requiring that the provider of the personal emergency response

service have sufficient qualifications and expertise, adequate

information on the client and the plan of care, and the capacity to

provide timely information on calls received to the social services

district or its designee;

(d) for coordination between the social services districts and the

emergency response organization, as well as guidelines for regular

updating of information on recipients receiving such service;

(e) with respect to appropriate supervision and safety for recipients

receiving personal emergency response service or shared aide services;

(f) assuring that the assessment determines that the recipient can

adequately utilize the personal emergency response system;

(g) assuring that personal emergency response services or shared aide

services are medically appropriate, can meet the needs of the recipient

for home care tasks, ensure the quality of the recipient's care and will

not jeopardize the health or safety of the recipient;

(h) for determining the geographic appropriateness, in relation to

staffing, of providing shared aide services and assuring that providers

of home care services and districts consider the impact of the site

selection on the staff who will be assigned to work at a shared aide

site and that such staff, and any employee organization representing

such staff where appropriate, are consulted with respect to the

management and operation of a shared aide site;

(i) assuring that social services districts have a plan for providing

information to consumers and their representatives concerning personal

emergency response services and shared aide services, including

information on how to express concerns about the service which they are

receiving.

3. The department shall establish and issue the standards required

under subdivision two hereof to social services districts on or before

the first day of August of nineteen hundred ninety-five, after first

seeking public comment thereon. The department, after consultation with

representatives of social services districts, home health and personal

care provider agencies and workers, providers of personal emergency

response services and elderly or disabled persons who are receiving such

services shall prepare a report to the governor and the legislature by

April first, nineteen hundred ninety-six outlining any changes which are

deemed appropriate to the standards for personal emergency response

services and shared aide services which have been established by the

department.