217 - Congregate services initiative for the elderly.

§ 217. Congregate services initiative for the elderly. 1. Definitions.  As  used  in  this section, the following words shall have the following  meanings:    (a) "Designated agency" shall mean an agency which  is  designated  by  the  chief executive officer of the county if there be one, or otherwise  the governing board of such county, or the chief  executive  officer  of  the  city  of  New  York,  or  the  governing  board of an Indian tribal  council; which is either a unit of county government or the city of  New  York  or  an  Indian tribal organization or a private non-profit agency,  and which is the area agency on aging created pursuant  to  the  federal  older Americans act of 1965.    (b) "Elderly person" shall mean a person sixty years of age or older.    (c)  "County"  shall mean a county, as defined in section three of the  county law, except that the city of New York  shall  be  considered  one  county.    (d)  "Congregate  services"  shall  mean  services for elderly persons  which are provided by a public or  a  government  agency  or  non-profit  agency  which are provided in community settings at which elderly people  come together for services and activities that respond to their  diverse  needs  and interests, enhance their dignity, support their independence,  and encourage their involvement in and with the community and which seek  to prevent the well elderly from requiring more intensive services  such  as  those  provided  under  expanded  non-medical  in-home  services and  non-institution respite service.  Such  services  include  but  are  not  limited to:    (1) Information and referral;    (2) Transportation;    (3)  Nutrition-related  services  that  deal  with  hunger  among  the  elderly;    (4) Socialization/companionship;    (5) Educational and cultural opportunities;    (6) Counseling;    (7) Support services for families/caregivers;    (8) Volunteer opportunities;    (9) Employment services information; and    (10) Health promotion and disease prevention services.    (e) "Non-profit agency" shall mean a corporation organized or existing  pursuant to the not-for-profit corporation law.    2. Notwithstanding any provision of this  section,  nothing  contained  herein   shall   give   the   director   or   a  designated  agency  any  administrative, fiscal, supervisory, or other authority whatsoever  over  any  plans,  programs  or  expenditures  authorized  pursuant  to titles  eighteen, nineteen and twenty of the federal  social  security  act,  or  over any unit of state or local government.    3.  Funding.  (a)  The director shall, within the amounts appropriated  therefor, make funds available to designated agencies for the  provision  of congregate services for elderly persons.    (b)  The  director  shall  distribute  such  funds  based on a formula  developed by the office which shall take  into  account  the  geographic  distribution  of  elderly persons within the state and any other factors  deemed appropriate by the director.    4.  (a)  Except  as  otherwise  provided  in  paragraph  (b)  of  this  subdivision,   the  designated  agency  shall  subcontract  with  public  agencies,  not-for-profit  agencies,  or  other  entities   to   provide  congregate services.    (b)  The  designated agency may directly operate, with the approval of  the director, congregate services.(c) The designated agency may use up to five percent of the  total  of  any funds provided to the designated agency pursuant to this section for  administration.    5.  Designated  agencies  qualifying for funds under this section must  include in the current county plan, required under section  two  hundred  fourteen  of  this  title,  a description of the planning, coordination,  administrative and local funding priorities and activities necessary  to  achieve the goals and objectives of this section.    6.  Within  the  amounts appropriated therefor, counties authorized to  provide congregate services pursuant to this section shall  be  eligible  for  reimbursement  by  the  state  of  up  to  seventy-five  percent of  allowable expenditures for approved services pursuant to this section.    7. The comptroller may withhold the payment of state aid to any county  in the event that such county  alters  or  discontinues  the  operations  approved  by the director pursuant to this section or otherwise fails to  comply with the regulations or requirements of the director.    8. Contracts for services. (a)  For  the  purposes  of  this  section,  counties    are   authorized   to   contract   with   public   agencies,  municipalities, non-profit agencies,  or  such  other  entities  as  the  director may authorize.    (b) Congregate services provided pursuant to this section shall not be  provided directly by the designated agency unless approval is granted by  the  director. Such approval may not be given by the director unless the  designated agency directly provided the service prior to approval of the  annual county plan by the director, or unless it can be shown  that  the  direct  provision  of  a  congregate service by the designated agency is  necessary due to the absence of an existing suitable provider to  assure  an  adequate  supply  of  such  service, or to ensure the quality of the  service provided.    (c) Pursuant to an agreement, two or more counties may  join  together  for  the  purposes of this section. Such agreements shall make provision  for the proportionate cost to be borne by each county, the employment of  personnel, the receipt and disbursement of funds, and any other  matters  deemed necessary by the director.    9.  For  the  purposes  of  obtaining  state  aid  within  the amounts  appropriated therefor under this section,  a  designated  agency  of  an  Indian  tribal organization shall qualify as though it were a designated  agency for a county.    10. On or before February first, two thousand five  the  office  shall  submit  a report to the chairs of the assembly ways and means committee,  the senate finance committee, and the director of the  division  of  the  budget  which  evaluates  and  makes  recommendations  on the congregate  services initiative program.  The  report  should  include  but  not  be  limited to the following information:    (a)  A  description  of  grant recipients and amount of funds received  through area offices on aging for the  congregate  services  initiative.  The  description  of  grant  recipients  should  include:  the  types of  services offered at each site, the number of individuals served, and, to  the extent practicable, a profile of the individuals served. The  office  should  include  a  specific  recommendation on whether a minimal set of  services should be required of  each  program  or  if  flexible  service  requirements should be maintained.    (b) A description of the benefits of the program, including any survey  information obtainable from participants in the program, family members,  or caregivers for whom the program may serve as respite. The description  of  benefits should also address the extent to which availability of the  program helps to avoid unnecessary institutionalization of participants.(c) A description of oversight and planning mechanisms built into  the  program  and an assessment of the extent to which reconfiguration of the  recreation program to the congregate services  initiative  has  improved  the delivery and/or oversight of services.    (d)  A  description of how providers of congregate services initiative  services have coordinated with other agencies, providers,  or  counties,  who offer similar services.    (e)  A  description of any known factors which have either contributed  to successful service delivery or have hindered the congregate  services  initiative program.    (f)  An  assessment  of  the  need  for  and/or  demand for congregate  initiative services and the extent  to  which  the  congregate  services  initiative  or  any  other  available services, are currently addressing  those needs.    (g) Any other information the office for the aging deems relevant.    11. The executive department is authorized to collect any  information  necessary  from  grant  recipients or area offices on aging necessary to  complete this report.    12. With  regard  to  direct  grants  to  community  based  non-profit  organizations  for the provision of congregate services to persons sixty  years of  age  or  older  to  promote  their  health,  independence  and  involvement  in  the community, congregate services shall be provided at  community settings where eligible persons come together for services and  activities and shall include, but are not limited  to:  information  and  referral;  transportation;  nutrition-related  services;  socialization;  educational and cultural opportunities; counseling; support services for  caregivers and families; volunteer  opportunities;  employment  services  information; and health promotion and disease prevention services.