215-B - Enriched social adult day services demonstration project.
* § 215-b. Enriched social adult day services demonstration project. 1. Legislative intent. Social adult day services programs are resources that can help communities maintain the independence of elderly residents. The level of services needed by some elderly persons exceeds the level of assistance currently available through social model adult day services programs but is not at the level of support provided in an adult day health care program. Social adult day services programs cannot enroll new participants whose needs exceed the services that can be provided in the current social adult day services programs. Additionally, these programs must discharge current participants when their needs cannot be met. Therefore, an enriched social adult day services project shall be established as a demonstration project for the purposes of maintaining elderly persons in the community by deterring or delaying institutionalization. 2. Definitions. For purposes of this section, the following terms shall have the following meanings: (a) "Elderly" or "elderly persons" shall mean persons who are sixty years of age or older. (b) "Eligible participant" shall mean elderly or elderly persons as defined in this section, who are functionally impaired, as defined in section two hundred fifteen of this title, and in need of services that exceed the level of assistance currently available through social adult day services programs but not at the level of support provided by adult day health care programs. (c) "Eligible entity" shall mean any not-for-profit or government entity, including the governing body or council of an Indian tribal reservation, who has demonstrated to the office and the department of health, based on criteria developed by the director and the commissioner of health, that it can safely provide either directly or through a contract with a licensed health care practitioner or licensed home care provider as defined in section thirty-six hundred five of the public health law, social adult day care services as defined in section two hundred fifteen of this title, as well as additional allowable medical services as developed by the director and the commissioner of health, and optional services as defined in this section. (d) "Enriched social adult day services demonstration project" or "project" shall mean programs eligible under this section that provide all of the services currently required for social adult day services programs under section two hundred fifteen of this title in addition to enriched services, and may include optional services. (e) "Enriched services" shall include the provision of total assistance with toileting, mobility, transferring and eating; dispensing of medications by a registered nurse; health education; counseling; case management; restorative therapies lasting less than six months and maintenance therapies. Total assistance with toileting, mobility, transferring and eating shall be provided under the supervision of a licensed health care provider. Restorative and maintenance therapies shall be provided by an appropriately licensed health care provider. (f) "Optional services" shall mean other non-medical services approved by the director designed to improve the quality of life of eligible participants by extending their independence, avoiding unnecessary hospital and nursing home stays, and sustaining their informal supports. 3. Demonstration project. The director, in conjunction with the commissioner of health, is authorized and directed to establish an enriched social adult day services demonstration project for the purposes of testing innovative ways that social adult day services programs can successfully enable eligible participants to remainindependent in their communities by deterring or delaying institutionalization through the use of enriched services. 4. Duties of the director. (a) The director, in conjunction with the commissioner of health, may make up to twenty grants available on a competitive basis to eligible entities under this section. Such grants may be available for up to two hundred thousand dollars for each enriched social adult day services demonstration project and shall be for up to one hundred percent of allowable expenditures for approved services and expenses under this section. (b) In making grants, the director, in conjunction with the commissioner of health, may consider: (1) projects that can effectively serve eligible participants residing in rural, urban, or suburban settings; (2) projects that effectively serve culturally diverse populations; (3) projects that demonstrate innovative use of technology, coordination, partnerships, transportation or other services to enable eligible participants to be effectively served; (4) the capacity of the eligible entity to identify eligible participants for enriched adult day services demonstration projects; and (5) any other criteria determined to be appropriate. 5. Evaluation. On or before January thirtieth, two thousand eleven, the director shall provide the governor, the speaker of the assembly, the temporary president of the senate, and the chairpersons of the assembly and senate aging and health committees with a written evaluation of the program. The evaluation shall examine the effectiveness of the project in forestalling institutional placement, the costs of providing enriched services in a day care setting, participant satisfaction and program quality, and identification of the program design elements necessary for successful replication. 6. Funds. Funds made available under this section shall supplement and not supplant any federal, state, or local funds expended by any entity, including a unit of general purpose local government or not-for-profit, to provide services under this section. Funds under this section cannot pay for individuals who are eligible under title nineteen of the federal social security act. * NB Repealed March 31, 2011