41.40*2 - Respite services.

* § 41.40 Respite services.    (a) Definitions. When read in this article:    1. "Respite"  shall  mean  the  provision  of  intermittent  temporary  substitute care of mentally retarded or developmentally disabled persons  on behalf of and in the absence of the parent or legal guardian  of  the  mentally retarded or developmentally disabled person, for the purpose of  providing relief from the stresses of responsibilities concommitant with  providing continued care. Respite shall not exceed forty-two days in any  calendar  year  for  any  individual  except  where  authorized  by  the  commissioner, subject to the approval of the director of the budget.    2. "Provider" shall mean any person, firm,  corporation,  governmental  subdivision  or  state  agency which renders respite services including,  but not limited to: individuals, family care providers  and  volunteers.  Individuals  who  are  a  parent  or legal guardian of a disabled person  receiving the respite  service  may  be  providers  only  where  respite  service  is  rendered  as  part  of a voluntary in-kind program approved  hereunder.    3. "Sponsor" shall mean any person,  firm,  corporation,  governmental  subdivision or state agency approved by the commissioner which contracts  with the office for purposes of a demonstration project pursuant to this  chapter  and  which is responsible for the recruitment, coordination and  arrangement of provider services in a manner which meets  client  needs,  the general supervision of the demonstration project, and the submission  of such information or reports as may be required by the commissioner.    (b)  Respite  demonstration  programs.  1.  The commissioner is hereby  authorized to establish respite demonstration projects for the  purposes  of  establishing  eligibility  criteria for respite services; evaluating  the  demand  for  respite  services  and  the  means   of   effectively,  efficiently  and  economically  meeting  such  demand;  ascertaining the  respite services available and necessary to meet the demand;  evaluating  the  effectiveness  of  utilizing  paid  providers  which  are not state  agencies for the provision of respite services; evaluating the viability  of financing the provision of respite services through user fees and  by  local  government  units; evaluating the effectiveness and efficiency of  utilizing a program of voluntary in-kind services for the  provision  of  respite;  evaluating  the  relationship between respite and the need for  institutionalization; identifying the costs of providing such  services;  and  the  effectiveness  of  continuing  such projects. The commissioner  shall establish regulations as may be necessary for  the  implementation  of such demonstration projects.    2.  The  commissioner is authorized to demonstrate, where appropriate,  the viability of  the  provision  of  insurance  coverage  necessary  to  protect  and  defend  providers from liability for claims arising out of  the provision of voluntary in-kind respite services.    3. The commissioner, within four months after the  effective  date  of  this  section,  shall  publicize  the  existence of, and make available,  application forms for such demonstration projects.    4. Such application forms shall contain notification of  the  purposes  of  respite  projects  as set forth in paragraph one of this subdivision  and shall require the submission of such information as the commissioner  deems necessary  for  the  evaluation  of  such  proposed  demonstration  projects. This information shall include, but not be limited to:    i.  the  identity  and  qualifications  of the sponsor and provider or  providers and a plan for the coordination of their services;    ii. the assessment of the demand and availability for respite services  within the community to be served;    iii. evidence of the level of community support and participation;iv. a fiscal plan, including specific provisions for  the  utilization  of  existing  reimbursement  and  funding  sources,  and availability of  potential funding sources; and    v.  plans  for publicizing the purpose of the project and the services  to be provided, including the identities, services and charges  of  each  participating provider.    5.  All  applications  shall  be received by the commissioner no later  than January first, nineteen hundred  eighty-three  at  which  time  the  commissioner  shall  have four weeks to review and certify projects and,  subject to the approval of the director  of  the  budget  award  grants,  within  amounts  available  therefor, for the operation of demonstration  projects from funds appropriated therefor. Award of such grant shall  be  contingent  upon  receipt  of  evidence  by  the  commissioner  that the  combination of projects to be selected for such awards shall be  capable  of  achieving  those  purposes  set  forth  in  paragraph  one  of  this  subdivision. Notification and description of all such  awards  shall  be  forwarded  to  the  chairman  of the senate finance committee and to the  chairman of the assembly ways and means committee.    6. The commissioner shall contract with a sponsor for the provision of  respite services pursuant to this section.    (c)  On  or  before  the  first  day  of  January,  nineteen   hundred  eighty-four  the  commissioner shall issue a report to the governor, the  director of the budget, the chairman of the  senate  finance  committee,  and the chairman of the assembly ways and means committee evaluating the  appropriateness  of continuing respite projects which shall include, but  not be limited to:    1. An analysis of  the  effectiveness  of  respite  in  promoting  the  continuance   of   quality   care   for   such   mentally  retarded  and  developmentally disabled persons.    2.  A  qualitative  and  quantitative  analysis  of  respite  services  rendered  by providers herein, together with demographic analysis of the  families and  mentally  retarded  or  developmentally  disabled  persons  participating   in   the   project  and  the  degree  of  disability  of  participants.    3. An assessment of the nature and extent of the demands  for  respite  services  and  an analysis of accessibility and availability of services  to meet this demand.    4. Specific identification of any factors which significantly  enhance  or inhibit the successful provision of respite.    5. A comparative assessment of the costs, efficiency and effectiveness  of  each  type  of  service  or  combination of services provided either  pursuant to this section or otherwise existing.    6. Methods for funding respite services, including:    i. state financial support;    ii. federal funds;    iii. local funds;    iv. available third party reimbursement for qualified services;    v. user fees; and    vi. in-kind services for users of respite services.    7. A financial report for each project.    8. A qualitative and  quantitative  description  of  respite  services  provided through developmental centers and the home care program and any  other respite services provided through the office or any other provider  as  well  as  an  analysis  of  the effectiveness and efficiency of such  respite services.    9. Recommendations for client eligibility  criteria  for  all  respite  services described by the report issued pursuant to this paragraph.(d) No funds shall be paid to any parent or guardian for the provision  of respite services to his or her own child or dependent.    * NB Expired March 31, 1984    * NB There are 2 § 41.40