New York Senate Bill S04851

New York 2025-2026 Regular Session

• Introduced: 2/13/25
• Refer: 2/13/25
• Refer: 1/7/26

Caption

Expands which individuals qualify to be an individual's personal assistant for the purposes of consumer directed personal assistance programs to include an eligible individual's attorney-in-fact, health care proxy, or legal guardian.

Summary

S04851 would amend New York’s Social Services Law section 365-f, which governs the Consumer Directed Personal Assistance Program (CDPAP). The bill broadens the definition of who may serve as a personal assistant for an eligible participant by expressly allowing certain additional adults to fill that role, including an eligible individual’s attorney-in-fact, health care proxy, or legal guardian, and by clarifying that other adult relatives may serve if the arrangement fits the participant’s plan of care and cost limits. The bill also preserves existing exclusions for a parent of a minor eligible individual and for an eligible individual’s spouse or designated representative, while maintaining the requirement that personal assistants obtain a state-issued unique identifier. The bill further states that personal information collected for the unique identifier must remain confidential under New York’s privacy law, and it clarifies that providers are not liable for duties the participant agrees to perform, though providers remain responsible for exercising reasonable care and monitoring the participant’s ability to carry out those responsibilities. In addition, the Department of Health is directed to seek additional federal funding and any necessary federal approvals to support the program. The measure would take effect immediately upon enactment.

Impact

If enacted, the bill would expand the pool of permissible personal assistants under CDPAP, potentially making it easier for participants to use trusted family members or legally authorized representatives to provide care. It would amend the Social Services Law and affect Medicaid home- and community-based personal care administration, while also reinforcing confidentiality protections and the state’s oversight framework for provider participation and cost controls. The bill also directs the Department of Health to pursue federal financial participation, which could affect how the program is funded and administered.

Sentiment

Based on the bill text and caption, the measure appears generally supportive of consumer-directed care and family involvement in home care, with an emphasis on flexibility for participants and continuity of services. There is no recorded committee transcript or vote history provided, so no formal opposition or support is documented in the materials supplied. The overall framing suggests a practical, program-expansion approach rather than a controversial policy shift.

Contention

The main policy tension in the bill is between expanding caregiver eligibility and preserving program integrity and cost controls. Supporters would likely favor allowing attorney-in-fact, health care proxy, legal guardian, and other relatives to serve as assistants because it can improve access and continuity of care. Potential concerns would center on oversight, fraud prevention, and whether family or legally connected caregivers could create conflicts of interest or increase program costs; the bill addresses these concerns by requiring consistency with the plan of care, limiting costs to equivalent non-relative services, and preserving provider monitoring responsibilities.