Title ELD, Elder

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

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

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

§ 203. Programs for the aging. 1. The office shall submit to the\nfederal department of health and human services a state plan for\npurposes of the federal Older Americans Act of 1965 and subsequent\namendments thereto. The office shall be the single state agency for\nsupervisin…

§ 204. Records of available space. 1. The office shall have the\nresponsibility to compile and maintain an inventory of space available\nfor placing eligible aged citizens in facilities under the jurisdiction\nof the dormitory authority; the office shall also take whatever actio…

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

§ 206. Informal caregiver training. 1. The director is hereby\nauthorized and directed, to the extent appropriations are available\ntherefor, to develop, establish and operate training and technical\nassistance programs, including caregiver resource centers, caregiver\nnetworks,…

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

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

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

§ 210. Advisory committee. 1. There shall be within the office an\nadvisory committee for the aging, consisting of not more than\nthirty-five members, appointed by the governor. In making such\nappointments, the governor shall give due consideration to\nrepresentation from the m…

§ 211. Assistance of other agencies. To effectuate the purposes of\nthis title, the director may request from any department, division,\nboard, bureau, commission or other agency of the state or of any\npolitical subdivision thereof, and the same are authorized to provide,\nsuch…

§ 212. Grants or gifts. The director, with the approval of the\ngovernor, may accept as agent of the state any gift, grant, devise or\nbequest, whether conditional or unconditional (notwithstanding the\nprovisions of section eleven of the state finance law), and including\nfeder…

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

§ 214. Community services for the elderly. 1. Definitions. As used in\nthis section, the following words shall have the following meanings:\n (a) "Designated agency" shall mean an agency which is designated by\nthe chief executive officer of the county if there be one, or otherw…

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

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

* § 215-b. Enriched social adult day services. 1. Legislative intent.\nSocial adult day services programs are resources that can help\ncommunities maintain the independence of functionally impaired adults.\nThe level of services needed by some functionally impaired adults\nexcee…

§ 216. Senior center council. 1. Definition. For the purposes of this\nsection, the term "council" shall mean the senior center council\nconvened by the director pursuant to this section.\n 2. Membership. The senior center council shall consist of ten members\nappointed by the d…

§ 217. Congregate services initiative for the elderly. 1. Definitions.\nAs used in this section, the following words shall have the following\nmeanings:\n (a) "Designated agency" shall mean an agency which is designated by\nthe chief executive officer of the county if there be o…

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

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

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

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

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

§ 223. Economically sustainable transportation demonstration program.\n1. Definitions. As used in this section:\n (a) "Economically sustainable transportation provider" shall mean a\nnon-profit provider of transportation services that submits to the\ndirector and obtains approva…

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

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

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

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

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

§ 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\nhealth shall, subject to the approval of the director of the budget,\nenter into a contract with one or more contractors to assist in carrying\nout the provisions of this title. Such contractual arrangements shall…

§ 244. Powers of the commissioner of health. The powers of the\ncommissioner of health in administering the elderly pharmaceutical\ninsurance coverage program shall include but not be limited to the\nfollowing:\n 1. subject to the approval of the director of the budget, promulga…

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

§ 246. Regulations. Program regulations shall:\n 1. Provide for a process of determining and redetermining eligibility\nfor participation in this program including provisions for submission of\nproof of income, age, and residency and information on existing complete\nor partial …

§ 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\nopportunity to participate in this program to all provider pharmacies as\ndefined in section two hundred forty-one of this title, provided,\nhowever, that the participation of pharmacies registered in the sta…

§ 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\nmakes a false statement or representation, or who by deliberate\nconcealment of any material fact, or by impersonation or other\nfraudulent device, obtains or attempts to obtain or aids or abets any\nperson to ob…

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

§ 253. Utilization of out-of-state provider pharmacies; necessity and\nconvenience. 1. In counties having a population of seventy-five thousand\nor less that are in proximity to the state boundary and which are\ndetermined by the commissioner of health to be not adequately serve…

§ 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:\n 1. "Abuse and maltreatment" shall mean actions as defined in\nparagraphs (a), (b), (c), (d), (e) and (g) of subdivision six of section\nfour hundred seventy-three of the social services law.\n 2. "Self neglect" shall have the s…

§ 261. Guidelines for identifying and reporting suspected self\nneglect, abuse and maltreatment. The director, in conjunction with the\ncommissioner of the department of health and the commissioner of the\noffice of children and family services, shall develop guidelines to\nassi…

§ 262. Publishing and distribution of guidelines. The office for the\naging, the department of health, and the office of children and family\nservices shall make the guidelines and materials developed in accordance\nwith this article available on their respective websites and pr…

§ 301. Guidelines for development of community-based programs. In\norder to encourage the development of activities and programs that\nsupport older adults within communities, the office shall develop\nmaterials and guidelines for the development of community-based\nprograms. Su…