N.Y. Comp. Codes R. & Regs. tit. 9 § 6654.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 6654.4 - Means-testing

(a) A services provider:

(1) under OAA (whether using Federal or matching funds or contributions) or, except as provided in subdivision (b) of this section, under CSE (whether using State or matching funds or contributions):

(i) may not deny or restrict services to an elderly person because of the level of that person's income or resources;

(ii) may not require an elderly person to disclose information about income or resources as a condition of receiving services;

(2) under EISEP (whether using State or matching funds or, except as provided in subdivision [c] of this section, proceeds from required cost-sharing or, to the extent provided in subdivision [b] of this section under CSE), may not deny or restrict services to an elderly person because of the level of that person's income or resources, if such person provides required cost-sharing pursuant to this Chapter;

(3) must attempt to determine whether a elderly person is eligible for the same or a substantially similar service available from another government program in the area to elderly people with specified levels of income or resources, and shall assist such person in obtaining such service from such source or, pursuant to arrangements to obtain reimbursement from such source for services to eligible individuals, supply or arrange for the provision of service to such individual;

(4) may inquire about income and resources for the purpose of identifying other resources and benefits for which the individual may be eligible, for reporting to the office, and, under EISEP, to determine the appropriate level of cost-sharing;

(5) must coordinate services with other similar providers in the area to avoid duplication of available services; and

(6) shall, when it appears that an elderly person seeking assistance may be eligible for services from another source, advise the elderly person of the other service source and offer to assist the individual in obtaining services from the other source.

(b) In any years for which an area agency receives EISEP services funds under its area plan, any CSE projects under that area plan providing similar nonmedical in-home, noninstitutional respite, or case management services shall, with respect to all new clients not previously participating under such CSE project, be covered by paragraph (a)(2) of this section.

(c) The proceeds of required cost-sharing from EISEP participants may, at the option of the area agency, be used to expand CSE services or to expand EISEP services.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6654.4