§ 365-f. Consumer directed personal assistance program. 1. Purpose and\nintent. The consumer directed personal assistance program is intended to\npermit chronically ill and/or physically disabled individuals receiving\nhome care services under the medical assistance program greater\nflexibility and freedom of choice in obtaining such services. The\ndepartment shall regularly monitor district participation in the program\nby reviewing the implementation plans submitted pursuant to this\nsection. The department shall provide guidance to the districts to\nimprove compliance with implementation plans and promote consistency\namong counties regarding approved service levels based on the\nassessments required by this section. In addition, the department shall\nprovide technical assistance and such other assistance as may be\nnecessary to assist such districts in assuring access to the program for\neligible individuals.\n 2. Eligibility. All eligible individuals receiving home care shall\nhave the opportunity to apply for participation in the program no less\nthan annually. Each social services district shall file an\nimplementation plan with the commissioner of the department of health,\nwhich shall be updated annually. Such updates shall be submitted no\nlater than November thirtieth of each year. Beginning on June thirtieth,\ntwo thousand nine, the plans and updates submitted by districts shall\nrequire the approval of the department. Implementation plans shall\ninclude district enrollment targets, describe methods for the provision\nof notice and assistance to interested individuals eligible for\nenrollment in the program, and shall contain such other information as\nshall be required by the department. An "eligible individual", for\npurposes of this section is a person who:\n (a) is eligible for long term care and services provided by a\ncertified home health agency, long term home health care program or AIDS\nhome care program authorized pursuant to article thirty-six of the\npublic health law, or is eligible for personal care services provided\npursuant to this article, and who with the provision of such services is\ncapable of safely remaining in the community in accordance with the\nstandards set forth in Olmstead v. LC by Zimring, 527 US 581 (1999) and\nconsider whether an individual is capable of safely remaining in the\ncommunity;\n (b) is eligible for medical assistance;\n (c) has been determined by the social services district, pursuant to\nan assessment of the person's appropriateness for the program, conducted\nwith an appropriate long term home health care program, a certified home\nhealth agency, or an AIDS home care program or pursuant to the personal\ncare program, as being in need of home care services or private duty\nnursing and as needing at least limited assistance with physical\nmaneuvering with more than two activities of daily living, or for\npersons with a dementia or Alzheimer's diagnosis, as needing at least\nsupervision with more than one activity of daily living, provided that\nthe provisions related to activities of daily living in this paragraph\nshall only apply to persons who initially seek eligibility for the\nprogram on or after October first, two thousand twenty, and who is able\nand willing or has a designated representative, including a legal\nguardian able and willing to make informed choices, or a designated\nrelative or other adult who is able and willing to assist in making\ninformed choices, as to the type and quality of services, including but\nnot limited to such services as nursing care, personal care,\ntransportation and respite services; and\n (d) meets such other criteria, as may be established by the\ncommissioner, which are necessary to effectively implement the\nobjectives of this section.\n 3. Division of responsibilities. Eligible individuals who elect to\nparticipate in the program assume the responsibility for services under\nsuch program as mutually agreed to by the
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