Section 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  remain

  independent   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