N.Y. Social Services Law Section 367-G
Authorization and provision of personal emergency response services

1.

Personal care services and home health services shall include, where appropriate as determined by the social services district, the provision of personal emergency response services and shared aide services pursuant to the provisions of subdivision two of § 365-A (Character and adequacy of assistance)section three hundred sixty-five-a of this chapter. For the purpose of this section, “personal emergency response services” shall mean (a) the provision and maintenance of electronic communication equipment in the home of an individual which signals a monitoring agency for help when activated by the individual, or after a period of time if a timer mechanism has not been reset, or by any other activating method; and

(b)

the continuous monitoring of such signals by a trained operator and, in case of receipt of such signal, the immediate notification of such emergency response organizations or persons, if necessary, as the individual has previously specified.

2.

The commissioner shall maintain standards for social services district’s use and approval of personal emergency response services and shared aide services, which shall include, but need not be limited to department standards:

(a)

for the personal emergency response system equipment used to ensure its reliability and appropriate design for the purpose;

(b)

providing that use of personal emergency response services or shared aide services are part of a plan of care for the recipient that is based on the comprehensive assessment that such recipient has a medical condition, disability or impairment that warrants use of the service;

(c)

requiring that the provider of the personal emergency response service have sufficient qualifications and expertise, adequate information on the client and the plan of care, and the capacity to provide timely information on calls received to the social services district or its designee;

(d)

for coordination between the social services districts and the emergency response organization, as well as guidelines for regular updating of information on recipients receiving such service;

(e)

with respect to appropriate supervision and safety for recipients receiving personal emergency response service or shared aide services;

(f)

assuring that the assessment determines that the recipient can adequately utilize the personal emergency response system;

(g)

assuring that personal emergency response services or shared aide services are medically appropriate, can meet the needs of the recipient for home care tasks, ensure the quality of the recipient’s care and will not jeopardize the health or safety of the recipient;

(h)

for determining the geographic appropriateness, in relation to staffing, of providing shared aide services and assuring that providers of home care services and districts consider the impact of the site selection on the staff who will be assigned to work at a shared aide site and that such staff, and any employee organization representing such staff where appropriate, are consulted with respect to the management and operation of a shared aide site;

(i)

assuring that social services districts have a plan for providing information to consumers and their representatives concerning personal emergency response services and shared aide services, including information on how to express concerns about the service which they are receiving.

3.

The department shall establish and issue the standards required under subdivision two hereof to social services districts on or before the first day of August of nineteen hundred ninety-five, after first seeking public comment thereon. The department, after consultation with representatives of social services districts, home health and personal care provider agencies and workers, providers of personal emergency response services and elderly or disabled persons who are receiving such services shall prepare a report to the governor and the legislature by April first, nineteen hundred ninety-six outlining any changes which are deemed appropriate to the standards for personal emergency response services and shared aide services which have been established by the department.

Source: Section 367-G — Authorization and provision of personal emergency response services, https://www.­nysenate.­gov/legislation/laws/SOS/367-G (updated Sep. 22, 2014; accessed Oct. 26, 2024).

363
Declaration of objects 363‑A
Federal aid 363‑B
Agreements for federal determination of eligibility of aged, blind and disabled persons for medical assistance 363‑C
Medicaid management 363‑D
Provider compliance program 363‑E
Medicaid plan, applications for waivers and plan amendments 363‑F
Electronic visit verification for personal care and home health providers 364
Responsibility for standards 364‑A
Cooperation of state departments 364‑B
Residential and medical care placement demonstration projects 364‑C
National long term care channeling demonstration project 364‑D
Medical assistance research and demonstration projects 364‑E
Aid to families with dependent children homemaker/home health aide demonstration projects 364‑F
Primary care case management programs 364‑G
Medical assistance capitation rate demonstration project 364‑H
Foster family care demonstration programs for elderly or disabled persons 364‑I
Medical assistance presumptive eligibility program 364‑J
Managed care programs 364‑J‑2
Transitional supplemental payments 364‑JJ
Special advisory review panel on Medicaid managed care 364‑KK
Condition of Participation 364‑M
Statewide patient centered medical home program 364‑N
Diabetes and chronic disease self-management pilot program 365
Responsibility for assistance 365‑A
Character and adequacy of assistance 365‑B
Local medical plans: professional directors 365‑C
Medical advisory committee 365‑D
Medicaid evidence based benefit review advisory committee 365‑E
Optional or continued membership in entities offering comprehensive health services plans 365‑F
Consumer directed personal assistance program 365‑G
Utilization review for certain care, services and supplies 365‑H
Provision and reimbursement of transportation costs 365‑J
Advisory opinions 365‑K
Provision of prenatal care services 365‑L
Health homes 365‑M
Administration and management of behavioral health services 365‑N
Department of health assumption of program administration 365‑O
Provision and coverage of services for living organ donors 365‑P
Doulas for Medicaid 366
Eligibility 366‑A
Applications for assistance 366‑B
Penalties for fraudulent practices 366‑C
Treatment of income and resources of institutionalized persons 366‑D
Medical assistance provider 366‑E
Certified home health agency medicare billing 366‑F
Persons acting in concert with a medical assistance provider 366‑G
Newborn enrollment for medical assistance 366‑H
Automated system 366‑I
Long-term care financing demonstration program 367
Authorization for hospital care 367‑A
Payments 367‑B
Medical assistance information and payment system 367‑C
Payment for long term home health care programs 367‑D
Personal care need determination 367‑E
Payment for AIDS home care programs 367‑F
Partnership for long term care program 367‑G
Authorization and provision of personal emergency response services 367‑H
Payment for assisted living programs 367‑I
Personal care services provider assessments 367‑O
Health insurance demonstration programs 367‑P
Responsibilities of local districts for personal care services, home care services and private duty nursing 367‑P*2
Payment for limited home care services agencies 367‑Q
Personal care services worker recruitment and retention program 367‑R
Private duty nursing services worker recruitment and retention program 367‑S
Long term care demonstration program 367‑S*2
Emergency medical transportation services 367‑T
Payment for emergency physician services 367‑U
Payment for home telehealth services 367‑V
County long-term care financing demonstration program 367‑W
Health care and mental hygiene worker bonuses 367‑X
Payment for violence prevention programs 367‑Y
Reimbursement for treatment in place and transportation to alternative health care settings 368
Quarterly estimates 368‑A
State reimbursement 368‑B
State reimbursement to local health districts 368‑C
Audit of state rates of payment to providers of health care services 368‑D
Reimbursement to public school districts and state operated/state supported schools which operate pursuant to article eighty-five, eighty... 368‑E
Reimbursement to counties for pre-school children with handicapping conditions 368‑F
Reimbursement of costs under the early intervention program 369
Application of other provisions
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 367-G’s source at nysenate​.gov

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