Title ELD, Elder

§ 101. Short title. This chapter shall be known as the "Elder Law".

§ 201. Office for the aging; director. 1. There is hereby created within the executive department an office for the aging. 2. The head of such office shall be a director, who shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold off…

§ 202. General powers and duties of office. The office shall have the following powers and duties: 1. to advise and assist the governor in developing policies designed to help meet the needs of the aging and to encourage the full participation of the aging in society; 2. to coor…

§ 203. Programs for the aging. 1. The office shall submit to the federal department of health and human services a state plan for purposes of the federal Older Americans Act of 1965 and subsequent amendments thereto. The office shall be the single state agency for supervising th…

§ 204. Records of available space. 1. The office shall have the responsibility to compile and maintain an inventory of space available for placing eligible aged citizens in facilities under the jurisdiction of the dormitory authority; the office shall also take whatever action n…

§ 205. Exclusion from mandatory retirement. Notwithstanding any other provision of law, an employee of the office or an employee of a local public agency whose position is in whole or in part funded through the office, or the federal older Americans act of 1965 as amended, shall…

§ 206. Informal caregiver training. 1. The director is hereby authorized and directed, to the extent appropriations are available therefor, to develop, establish and operate training and technical assistance programs, including caregiver resource centers, caregiver networks, and…

§ 207. Foster grandparents program for vulnerable infants and children. 1. Definitions. For purposes of this section the following terms shall have the following meanings: (a) "Qualified area agencies on aging" shall mean those agencies which operate a foster grandparent program…

§ 208. Respite program. 1. The director is hereby authorized to establish and monitor respite projects for the purposes of encouraging the initiation and expansion of respite, evaluating the effectiveness of respite in deterring and/or delaying institutionalization, evaluating t…

§ 209. Naturally occurring retirement community supportive service program. 1. As used in this section: (a) "Older adults" shall mean persons who are sixty years of age or older. (b) "Eligible applicant" shall mean a not-for-profit agency specializing in housing, health or other…

§ 210. Advisory committee. 1. There shall be within the office an advisory committee for the aging, consisting of not more than thirty-five members, appointed by the governor. In making such appointments, the governor shall give due consideration to representation from the major…

§ 211. Assistance of other agencies. To effectuate the purposes of this title, the director may request from any department, division, board, bureau, commission or other agency of the state or of any political subdivision thereof, and the same are authorized to provide, such fac…

§ 212. Grants or gifts. The director, with the approval of the governor, may accept as agent of the state any gift, grant, devise or bequest, whether conditional or unconditional (notwithstanding the provisions of section eleven of the state finance law), and including federal g…

§ 213. Reports. 1. The office shall from time to time report to the governor, and shall make an annual report to the governor and legislature. 2. Such annual report shall: (a) Describe the progress, problems and other matters related to the provision of services to older persons…

§ 214. Community services 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 …

§ 215. Social model adult day services programs. 1. Definitions. As used in this section: (a) "Advisory committee for the aging" shall mean the advisory committee for the aging established pursuant to section two hundred ten of this title. (b) "Social adult day services" shall m…

§ 215-a. Senior vision services program. 1. Definitions. As used in this section: (a) "Senior vision services" shall mean the provision of non-vocational services to elderly persons who have a functional visual impairment. These services may include, but not be limited to, clien…

* § 215-b. Enriched social adult day services. 1. Legislative intent. Social adult day services programs are resources that can help communities maintain the independence of functionally impaired adults. The level of services needed by some functionally impaired adults exceeds t…

§ 216. Senior center council. 1. Definition. For the purposes of this section, the term "council" shall mean the senior center council convened by the director pursuant to this section. 2. Membership. The senior center council shall consist of ten members appointed by the direct…

§ 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, o…

* § 217-a. Long term care insurance education and outreach program. 1. For the purposes of this section, the term "long term care insurance resource center" shall mean a project within an area agency on aging funded pursuant to this section that provides direct assistance to the…

§ 218. Long-term care ombudsman. 1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Administrative action" shall mean any action or decision by an owner, employee, or agent of a long-term care facility, or by a governmen…

§ 219. Elderly abuse education and outreach program. 1. Definitions. For the purposes of this section, the terms "designated agency" and "elderly person" shall have the same meaning as ascribed to them in section two hundred fourteen of this title. 2. The director, within the am…

§ 220. Resident advisor program. 1. Within amounts appropriated therefor, the office may establish or administer as necessary a resident advisor program in locales across the state and in such a manner that insures a wide geographic representation. 2. The director of the office …

§ 222. Senior citizen energy packaging pilot program. 1. (a) The legislature finds and declares that a significant percentage of the state's senior citizens live at or below the poverty level. In many cases, energy costs reach or exceed thirty percent of household income. These …

§ 223. Economically sustainable transportation demonstration program. 1. Definitions. As used in this section: (a) "Economically sustainable transportation provider" shall mean a non-profit provider of transportation services that submits to the director and obtains approval of …

§ 224. Informal caregivers in the workplace program. 1. The office shall, in conjunction with the department of labor, and in consultation with community based organizations representing the interests of informal caregivers around the state, develop and update on a yearly basis …

§ 225. Elder abuse enhanced multidisciplinary team program. 1. The office is hereby authorized, subject to appropriation of funds for the program, to establish an elder abuse enhanced multidisciplinary team program consisting of teams at the regional or county level for complex …

§ 226. Guide to actions when someone close dies. 1. The office shall publish a "Guide to Actions When Someone Close Dies". Within one year of the effective date of this section, this guide shall be made publicly available on the official website of the office and the office may …

§ 240. Short title. This title shall be known and may be cited as the "program for elderly pharmaceutical insurance coverage".

§ 241. Definitions. For purposes of this title, the terms: 1. "Covered drug" shall mean a drug dispensed subject to a legally authorized prescription pursuant to section sixty-eight hundred ten of the education law, and insulin, an insulin syringe, or an insulin needle. Such ter…

§ 242. Program eligibility. 1. Persons eligible for comprehensive\ncoverage under section two hundred forty-seven of this title shall\ninclude:\n (a) any unmarried resident who is at least sixty-five years of age and\nwhose income for the calendar year immediately preceding the …

§ 243. Pharmaceutical insurance contract. 1. The commissioner of health shall, subject to the approval of the director of the budget, enter into a contract with one or more contractors to assist in carrying out the provisions of this title. Such contractual arrangements shall be…

§ 244. Powers of the commissioner of health. The powers of the commissioner of health in administering the elderly pharmaceutical insurance coverage program shall include but not be limited to the following: 1. subject to the approval of the director of the budget, promulgating …

§ 245. Information regarding the home energy assistance program for program participants. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "OTDA" shall mean the state office of temporary and disability assistance. (b) "Home energy a…

§ 246. Regulations. Program regulations shall: 1. Provide for a process of determining and redetermining eligibility for participation in this program including provisions for submission of proof of income, age, and residency and information on existing complete or partial cover…

§ 247. Cost-sharing responsibilities of eligible program participants\nfor comprehensive coverage.\n 1. Registration fee. Eligible individuals meeting the registration fee\nrequirements of this section may purchase prescribed covered drugs for\nan amount specified by subdivision…

§ 248. Cost-sharing responsibilities of eligible program participants\nfor catastrophic coverage. 1. Deductible. Eligible individuals meeting\nthe deductible requirements of this section may purchase prescribed\ncovered drugs for an amount specified by subdivision three of this\…

§ 249. Participating provider pharmacies. 1. The state shall offer an opportunity to participate in this program to all provider pharmacies as defined in section two hundred forty-one of this title, provided, however, that the participation of pharmacies registered in the state …

§ 250. Reimbursement to participating provider pharmacies. 1. The\namount of reimbursement which shall be paid by the state to a\nparticipating provider pharmacy for any covered drug filled or refilled\nfor any eligible program participant shall be equal to the allowed\namount d…

§ 251. Penalties for fraud and abuse. 1. Any person who knowingly makes a false statement or representation, or who by deliberate concealment of any material fact, or by impersonation or other fraudulent device, obtains or attempts to obtain or aids or abets any person to obtain…

§ 252. Procedures for determinations relating to package, or form of dosage or administration, of certain drugs. 1. If the department of health makes an initial determination that a particular package, or form of dosage or administration, of a drug shall be excluded in accordanc…

§ 253. Utilization of out-of-state provider pharmacies; necessity and convenience. 1. In counties having a population of seventy-five thousand or less that are in proximity to the state boundary and which are determined by the commissioner of health to be not adequately served b…

§ 254. Cost of living adjustment. 1. Within amounts appropriated, the\ncommissioner of health shall adjust the program eligibility standards\nset forth in subdivision two of section two hundred forty-two of this\ntitle to account for increases in the cost of living.\n 2. The com…

§ 260. Definitions. For purposes of this article: 1. "Abuse and maltreatment" shall mean actions as defined in paragraphs (a), (b), (c), (d), (e) and (g) of subdivision six of section four hundred seventy-three of the social services law. 2. "Self neglect" shall have the same me…

§ 261. Guidelines for identifying and reporting suspected self neglect, abuse and maltreatment. The director, in conjunction with the commissioner of the department of health and the commissioner of the office of children and family services, shall develop guidelines to assist h…

§ 262. Publishing and distribution of guidelines. The office for the aging, the department of health, and the office of children and family services shall make the guidelines and materials developed in accordance with this article available on their respective websites and provi…

§ 301. Guidelines for development of community-based programs. In order to encourage the development of activities and programs that support older adults within communities, the office shall develop materials and guidelines for the development of community-based programs. Such g…