2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) LOCAL SERVICES
41.40*2 - Respite services.

* § 41.40 Respite services.
    (a) Definitions. When read in this article:
    1. "Respite"  shall  mean  the  provision  of  intermittent  temporary
  substitute care of mentally retarded or developmentally disabled persons
  on behalf of and in the absence of the parent or legal guardian  of  the
  mentally retarded or developmentally disabled person, for the purpose of
  providing relief from the stresses of responsibilities concommitant with
  providing continued care. Respite shall not exceed forty-two days in any
  calendar  year  for  any  individual  except  where  authorized  by  the
  commissioner, subject to the approval of the director of the budget.
    2. "Provider" shall mean any person, firm,  corporation,  governmental
  subdivision  or  state  agency which renders respite services including,
  but not limited to: individuals, family care providers  and  volunteers.
  Individuals  who  are  a  parent  or legal guardian of a disabled person
  receiving the respite  service  may  be  providers  only  where  respite
  service  is  rendered  as  part  of a voluntary in-kind program approved
  hereunder.
    3. "Sponsor" shall mean any person,  firm,  corporation,  governmental
  subdivision or state agency approved by the commissioner which contracts
  with the office for purposes of a demonstration project pursuant to this
  chapter  and  which is responsible for the recruitment, coordination and
  arrangement of provider services in a manner which meets  client  needs,
  the general supervision of the demonstration project, and the submission
  of such information or reports as may be required by the commissioner.
    (b)  Respite  demonstration  programs.  1.  The commissioner is hereby
  authorized to establish respite demonstration projects for the  purposes
  of  establishing  eligibility  criteria for respite services; evaluating
  the  demand  for  respite  services  and  the  means   of   effectively,
  efficiently  and  economically  meeting  such  demand;  ascertaining the
  respite services available and necessary to meet the demand;  evaluating
  the  effectiveness  of  utilizing  paid  providers  which  are not state
  agencies for the provision of respite services; evaluating the viability
  of financing the provision of respite services through user fees and  by
  local  government  units; evaluating the effectiveness and efficiency of
  utilizing a program of voluntary in-kind services for the  provision  of
  respite;  evaluating  the  relationship between respite and the need for
  institutionalization; identifying the costs of providing such  services;
  and  the  effectiveness  of  continuing  such projects. The commissioner
  shall establish regulations as may be necessary for  the  implementation
  of such demonstration projects.
    2.  The  commissioner is authorized to demonstrate, where appropriate,
  the viability of  the  provision  of  insurance  coverage  necessary  to
  protect  and  defend  providers from liability for claims arising out of
  the provision of voluntary in-kind respite services.
    3. The commissioner, within four months after the  effective  date  of
  this  section,  shall  publicize  the  existence of, and make available,
  application forms for such demonstration projects.
    4. Such application forms shall contain notification of  the  purposes
  of  respite  projects  as set forth in paragraph one of this subdivision
  and shall require the submission of such information as the commissioner
  deems necessary  for  the  evaluation  of  such  proposed  demonstration
  projects. This information shall include, but not be limited to:
    i.  the  identity  and  qualifications  of the sponsor and provider or
  providers and a plan for the coordination of their services;
    ii. the assessment of the demand and availability for respite services
  within the community to be served;
    iii. evidence of the level of community support and participation;

iv. a fiscal plan, including specific provisions for  the  utilization
  of  existing  reimbursement  and  funding  sources,  and availability of
  potential funding sources; and
    v.  plans  for publicizing the purpose of the project and the services
  to be provided, including the identities, services and charges  of  each
  participating provider.
    5.  All  applications  shall  be received by the commissioner no later
  than January first, nineteen hundred  eighty-three  at  which  time  the
  commissioner  shall  have four weeks to review and certify projects and,
  subject to the approval of the director  of  the  budget  award  grants,
  within  amounts  available  therefor, for the operation of demonstration
  projects from funds appropriated therefor. Award of such grant shall  be
  contingent  upon  receipt  of  evidence  by  the  commissioner  that the
  combination of projects to be selected for such awards shall be  capable
  of  achieving  those  purposes  set  forth  in  paragraph  one  of  this
  subdivision. Notification and description of all such  awards  shall  be
  forwarded  to  the  chairman  of the senate finance committee and to the
  chairman of the assembly ways and means committee.
    6. The commissioner shall contract with a sponsor for the provision of
  respite services pursuant to this section.
    (c)  On  or  before  the  first  day  of  January,  nineteen   hundred
  eighty-four  the  commissioner shall issue a report to the governor, the
  director of the budget, the chairman of the  senate  finance  committee,
  and the chairman of the assembly ways and means committee evaluating the
  appropriateness  of continuing respite projects which shall include, but
  not be limited to:
    1. An analysis of  the  effectiveness  of  respite  in  promoting  the
  continuance   of   quality   care   for   such   mentally  retarded  and
  developmentally disabled persons.
    2.  A  qualitative  and  quantitative  analysis  of  respite  services
  rendered  by providers herein, together with demographic analysis of the
  families and  mentally  retarded  or  developmentally  disabled  persons
  participating   in   the   project  and  the  degree  of  disability  of
  participants.
    3. An assessment of the nature and extent of the demands  for  respite
  services  and  an analysis of accessibility and availability of services
  to meet this demand.
    4. Specific identification of any factors which significantly  enhance
  or inhibit the successful provision of respite.
    5. A comparative assessment of the costs, efficiency and effectiveness
  of  each  type  of  service  or  combination of services provided either
  pursuant to this section or otherwise existing.
    6. Methods for funding respite services, including:
    i. state financial support;
    ii. federal funds;
    iii. local funds;
    iv. available third party reimbursement for qualified services;
    v. user fees; and
    vi. in-kind services for users of respite services.
    7. A financial report for each project.
    8. A qualitative and  quantitative  description  of  respite  services
  provided through developmental centers and the home care program and any
  other respite services provided through the office or any other provider
  as  well  as  an  analysis  of  the effectiveness and efficiency of such
  respite services.
    9. Recommendations for client eligibility  criteria  for  all  respite
  services described by the report issued pursuant to this paragraph.

(d) No funds shall be paid to any parent or guardian for the provision
  of respite services to his or her own child or dependent.
    * NB Expired March 31, 1984
    * NB There are 2 § 41.40