Permits an eligible individual's parent, adult child or in-law relative to be a personal assistant under the consumer directed personal assistance program.
STATE OF NEW YORK
________________________________________________________________________
3503
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to the consumer
directed personal assistance program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 365-f of the social services law,
2 as amended by section 9 of part QQ of chapter 56 of the laws of 2020, is
3 amended to read as follows:
4 3. Division of responsibilities. Eligible individuals who elect to
5 participate in the program assume the responsibility for services under
6 such program as mutually agreed to by the eligible individual and
7 provider and as documented in the eligible individual's record, includ-
8 ing, but not limited to, recruiting, hiring and supervising their
9 personal assistants. For the purposes of this section, personal assist-
10 ant shall mean an adult who has obtained an individual unique identifier
11 from the state by or before a date determined by the commissioner of
12 health in consultation with the Medicaid inspector general, and provides
13 services under this section to the eligible individual under the eligi-
14 ble individual's instruction, supervision and direction or under the
15 instruction, supervision and direction of the eligible individual's
16 designated representative, provided that [a person legally responsible
17 for an eligible individual's care and support,] an eligible individual's
18 spouse or designated representative may not be the personal assistant
19 for the eligible individual; however, a personal assistant may include
20 an eligible individual's parent, adult child, in-law relative or any
21 other adult relative of the eligible individual, provided, however, that
22 the program determines that the services provided by such relative are
23 consistent with an individual's plan of care and that the aggregate cost
24 for such services does not exceed the aggregate costs for equivalent
25 services provided by a non-relative personal assistant. Any personal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07472-01-5
A. 3503 2
1 information submitted to obtain such unique identifier shall be main-
2 tained as confidential pursuant to article six-A of the public officers
3 law ("New York state privacy protection law"). Such individuals shall be
4 assisted as appropriate with service coverage, supervision, advocacy and
5 management. Providers shall not be liable for fulfillment of responsi-
6 bilities agreed to be undertaken by the eligible individual. This subdi-
7 vision, however, shall not diminish the participating provider's liabil-
8 ity for failure to exercise reasonable care in properly carrying out its
9 responsibilities under this program, which shall include monitoring such
10 individual's continuing ability to fulfill those responsibilities docu-
11 mented in [his or her] their records. Failure of the individual to carry
12 out [his or her] their agreed to responsibilities may be considered in
13 determining such individual's continued appropriateness for the program.
14 § 2. This act shall take effect immediately.
