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A02736 Summary:

BILL NOA02736A
 
SAME ASSAME AS S04398-A
 
SPONSORGottfried
 
COSPNSRMcDonald, Lupardo, Sepulveda, Dinowitz, D'Urso, Galef
 
MLTSPNSRLifton
 
Amd 461-c, Soc Serv L
 
Allows an adult home, enriched housing facility, assisted living residence or special needs assisted living residence to provide for nursing services in the facility that are not continual, either by arrangement with a provider of nursing services or by employment.
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A02736 Actions:

BILL NOA02736A
 
01/23/2017referred to health
05/23/2017amend and recommit to health
05/23/2017print number 2736a
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A02736 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2736A
 
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the social services law, in relation to allowing certain adult care facilities to arrange for limited nursing services   PURPOSE OR GENERAL IDEA OF BILL: To more easily provide incidental nursing services to residents of certain Health Department licensed and regulated adult care facilities in order to avoid unnecessary transfers to hospitals and nursing homes, under Department regulations.   SUMMARY OF SPECIFIC PROVISIONS: Add a new subdivision 6-a to SSL § 461-c that would permit the Commis- sioner of Health to make regulations regarding the provision of limited nursing services to a resident of a DOH licensed and regulated adult home, enriched housing, assisted living residences and special needs assisted living residence, under limited circumstances, with reporting to the Department.   JUSTIFICATION: When a resident of an adult home, enriched housing, assisted living residence or special needs assisted living residence requires a nursing evaluation or assessment or incidental nurse care, the facility must either arrange for a visit by a nursing agency or transfer the resident, most often to a hospital and sometime to a nursing home. This bill allows the Commissioner of Health to make regulation that will permit operators to provide incidental nursing services for the benefit of residents who are otherwise subject to unnecessary transfers. The bill clearly prohibits an operator who chooses to undertake such service from misrepresenting their facilities as Enhanced Assisted Living (EALR) or offering aging in place, unless they are already approved for EALR as some facilities have multiple levels of care.   PRIOR LEGISLATIVE HISTORY: 2015-2016: A.10384 - referred to Health committee   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE:. This act shall take effect immediately.
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A02736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2736--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced  by  M. of A. GOTTFRIED, McDONALD, LUPARDO, SEPULVEDA, DINOW-
          ITZ, D'URSO, GALEF -- Multi-Sponsored by -- M. of A.  LIFTON  --  read
          once  and referred to the Committee on Health -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN ACT to amend the social services law, in relation to allowing certain
          adult care facilities to arrange for limited nursing services
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 461-c of the social  services  law  is  amended  by
     2  adding a new subdivision 6-a to read as follows:
     3    6-a.  (a)  Pursuant  to  regulations of the commissioner of health, an
     4  adult home, enriched housing  facility,  assisted  living  residence  or
     5  special needs assisted living residence operator may provide for nursing
     6  services  in  the  facility  for  residents  of  the facility, either by
     7  arrangement with a provider of nursing services or by  employment,  that
     8  are  not  continual and would not violate admission and retention stand-
     9  ards under this section, and under circumstances and subject to  limita-
    10  tions  provided  in  the  regulations. An operator arranging for nursing
    11  services shall provide notice to the department of health in a form  and
    12  manner required by the department.
    13    (b)   No operator electing to provide such nursing services may repre-
    14  sent to the public that  the  adult  home,  enriched  housing  facility,
    15  assisted  living residence or special needs assisted living residence is
    16  an enhanced assisted living residence or offers aging in place  as  such
    17  terms  are  defined under section forty-six hundred fifty-one of article
    18  forty-six-B of the public health law, except as otherwise  permitted  by
    19  law.
    20    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02575-02-7
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