§ 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, evaluating\nthe demand for respite and of the cost of utilization of different\nservice modes.\n 2. For the purposes of this section:\n (a) "Respite" shall mean the provision of infrequent and temporary\nsubstitute care or supervision of frail or disabled adults on behalf of\nand in the absence of the care-giver, for the purpose of providing\nrelief from the stresses or responsibilities concomitant with providing\ncare, so as to enable the care-giver to maintain a normal routine.\nRespite shall not exceed one hundred days in any calendar year for any\nindividual. Respite may be provided by any service or combination of\nservices supplied by individuals, a public agency, a public corporation\nor a private not-for-profit corporation or any proprietary provider.\n (b) "Care-giver" shall mean the family member or other natural person\nwho normally provides the daily care or supervision of a frail or\ndisabled adult. Such care-giver may, but need not, reside in the same\nhousehold as the frail or disabled adult.\n (c) "Provider" shall mean any entity enumerated in paragraph (a) of\nthis subdivision which is the supplier of services providing respite.\n (d) "Sponsor" shall mean the provider, public agency or community\ngroup approved by the director which establishes a contractual\nrelationship with the office for the purposes of a project pursuant to\nthis section, and which is responsible for the recruitment of providers,\nthe coordination and arrangement of provider services in a manner which\nmeets client needs, the general supervision of the local program, and\nthe submission of such information or reports as may be required by the\ndirector.\n (e) "Frail or disabled adult" shall mean any adult who is unable to\nattend to his or her daily needs without the assistance or regular\nsupervision of a care-giver due to mental or physical impairment and who\nis otherwise eligible for services on the basis of his or her level of\nimpairment. Priority shall be given in all cases to frail or disabled\nadults sixty years of age or older.\n 3. (a) Notwithstanding any inconsistent provision of law to the\ncontrary, entities qualifying as providers or sponsors pursuant to the\nprovisions of paragraphs (a), (c) and (d) of subdivision two of this\nsection are hereby authorized to conduct or participate in respite\nprojects as approved and extended by the director.\n (b) The director shall publicize the existence of, and make available,\napplication forms for such projects seeking the advice and counsel of\nthe advisory committee for the aging established pursuant to section two\nhundred ten of this title.\n (c) Such application forms shall require the submission of such\ninformation as the director deems necessary for the evaluation of such\nproposed projects. This information shall include, but not be limited\nto:\n (1) the identity and qualifications of the sponsor;\n (2) the identity and qualifications of the provider or providers and a\nplan for the coordination of their services;\n (3) an assessment of the community need for respite services including\ndocumentation;\n (4) plans for the coordination and arrangement of provider services in\na manner which meets client needs;\n (5) a fiscal plan, including specific provisions for the utilization\nof existing reimbursement and funding sources and the development of\nlocal financial support;\n (6) plans for publicizing the purpose of the project and the services\nto be provided, including the identities, services and charges of each\nparticipating provider;\n (7) indications of broad-based community support and participation;\nand\n (8) identification of the unserved or underserved population to be\nserved.\n
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