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A07035 Summary:

BILL NOA07035A
 
SAME ASSAME AS S02161-A
 
SPONSORFahy
 
COSPNSRMcDonald, Santabarbara, Walsh, Ra
 
MLTSPNSR
 
Amd 4655, Pub Health L
 
Establishes a special needs assisted living program to serve residents with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.
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A07035 Actions:

BILL NOA07035A
 
05/10/2023referred to health
05/16/2023amend and recommit to health
05/16/2023print number 7035a
05/23/2023reported referred to ways and means
05/30/2023reported referred to rules
05/30/2023reported
05/30/2023rules report cal.396
05/30/2023ordered to third reading rules cal.396
06/06/2023substituted by s2161a
 S02161 AMEND=A RIVERA
 01/18/2023REFERRED TO HEALTH
 01/31/2023REPORTED AND COMMITTED TO FINANCE
 05/12/2023AMEND AND RECOMMIT TO FINANCE
 05/12/2023PRINT NUMBER 2161A
 06/06/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/06/2023ORDERED TO THIRD READING CAL.1629
 06/06/2023PASSED SENATE
 06/06/2023DELIVERED TO ASSEMBLY
 06/06/2023referred to ways and means
 06/06/2023substituted for a7035a
 06/06/2023ordered to third reading rules cal.396
 06/06/2023passed assembly
 06/06/2023returned to senate
 11/29/2023DELIVERED TO GOVERNOR
 12/08/2023VETOED MEMO.100
 01/18/2023REFERRED TO HEALTH
 01/31/2023REPORTED AND COMMITTED TO FINANCE
 05/12/2023AMEND AND RECOMMIT TO FINANCE
 05/12/2023PRINT NUMBER 2161A
 06/06/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/06/2023ORDERED TO THIRD READING CAL.1629
 06/06/2023PASSED SENATE
 06/06/2023DELIVERED TO ASSEMBLY
 06/06/2023referred to ways and means
 06/06/2023substituted for a7035a
 06/06/2023ordered to third reading rules cal.396
 06/06/2023passed assembly
 06/06/2023returned to senate
 11/29/2023DELIVERED TO GOVERNOR
 12/08/2023VETOED MEMO.100
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A07035 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7035A
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the public health law, in relation to establishing a special needs assisted living program to serve persons with neurodegen- erative diseases   PURPOSE: Establishes a neurodegenerative with behaviors enhanced special needs assisted living residence program to serve perSons with neurodegenera- tive diseases (such as Alzheimer's dementia, Lewy body dementia, fronto- temporal dementia, and Parkinson's disease).   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 4655 of the public health law as it relates to establishing a neurodegenerative with behaviors enhanced special needs assisted living program to serve residents of certified assisted living residences with neurodegenerative diseases (such as Alzheimer's demen- tia, Lewy body dementia, frontotemporal dementia, and Parkinson's disease). This section adds a new subdivision 7, which states the guide- lines for a neurodegenerative with behaviors enhanced special needs assisted living program, which will serve people with neurodegenerative disease such as Alzheimer's dementia, Lewy body dementia, frontotemporal dementia, and Parkinson's disease. This section also states that eligi- bility for the program requires than in order to be admitted the patient must have been declined admission or readmission by a nursing home. However, an admission may be requested by a lawful representative of the resident. In all cases a physician or nurse practitioner must certify that the prospective resident can be safely cared for in the program. Within the bill, a number of requirements are laid out including: to participate in the program, assisted living operators shall obtain certification as both enhanced assisted living residence and special needs assisted living residence; staffing requirements and privileges; and allows for the department to establish standards for the program. Section 2 gives the effective date.   JUSTIFICATION: This bill would establish a neurodegenerative with behaviors enhanced special needs assisted living program to serve residents of certified assisted living residences with neurodegenerative diseases (such as Alzheimer's dementia, Lewy body dementia, frontotemporal dementia, and Parkinson's disease).This innovative program of long term care provides skilled care to disabled individuals in a residential home environment. These individuals have complex care needs and require intensive staff time, typically neither assisted living facilities nor nursing homes were suited to care for creating a gap in the continuum of long term care. The programs shall be limited to no more, than ten sites each with no more than ten residential beds and in addition may include two respite beds. No more than five residents per site upon admission may be in need to twenty-four-hour skilled nursing care or medical care which would otherwise require placement in a hospital or nursing home. Each.program will have physician oversight and supervision under contract with the site and provide nursing services directly or under contract. All program residents must have been declined admission or readmission by a nursing home or be an admission requested by a lawful represen- tative of the resident. In addition, a physician or nurse practitioner must certify that the prospective resident can be safely cared for in the program. To participate in the program, assisted living. operators will need to obtain certification as both enhanced assisted living residence and special needs assisted living residence.   LEGISLATIVE HISTORY: 2023: S2161 Rivera 2021-2022: 54546/A4656 Gottfried   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
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A07035 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7035--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by  M. of A. FAHY -- 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 public health law, in relation to establishing a
          special needs assisted living program to serve persons  with  neurode-
          generative diseases

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 4655 of the public health law, as added by  chapter
     2  2  of the laws of 2004, is amended by adding a new subdivision 7 to read
     3  as follows:
     4    7. (a) The department shall establish a neurodegenerative with  behav-
     5  iors  enhanced  special needs assisted living residence program to serve
     6  residents of certified assisted living residences with neurodegenerative
     7  diseases (such as Alzheimer's dementia, Lewy body dementia, frontal lobe
     8  dementia,  and  Parkinson's  disease)  with  behavior  disturbances,  as
     9  defined  by the diagnostic and statistical manual of mental disorders or
    10  the international classifications of diseases.  To  participate  in  the
    11  program, assisted living operators shall obtain certification as both an
    12  enhanced  assisted  living  residence  and special needs assisted living
    13  residence.
    14    (i) Each program will have physician oversight and  supervision  under
    15  contract  with  the  site;  provide  nursing  services directly or under
    16  contract; and be limited to ten residential beds  per  program,  and  in
    17  addition may include two respite beds.
    18    (ii)  There  shall  be  no more than five residents per site who, upon
    19  admission, are in need  of  twenty-four-hour  skilled  nursing  care  or
    20  medical  care  which  would otherwise require placement in a hospital or
    21  nursing home.
    22    (iii) All program residents must be an admission requested by a lawful
    23  representative of the resident or have been declined admission or  read-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02675-04-3

        A. 7035--A                          2
 
     1  mission by: a nursing home; assisted living residence; enhanced assisted
     2  living  residence;  or special needs assisted living residence. In addi-
     3  tion, a physician or nurse practitioner must certify that  the  prospec-
     4  tive resident can be safely cared for in the program.
     5    (b)  The  program  shall  establish  environmental safeguards that are
     6  tailored to accommodate residents based upon needs as determined by  the
     7  supervising  physician  and  may  allow  a registered nurse to evaluate,
     8  assess and execute physician orders.
     9    (c) In addition to applicable statutory and  regulatory  requirements,
    10  the department may establish standards for the program, including:
    11    (i) ensuring character and competence of the applicant and contracting
    12  physician and compliance with applicable laws, rules, and regulations;
    13    (ii)  stabilization  of  behavior  disturbances  and  the provision of
    14  palliative care;
    15    (iii) applicable experience of  contract  and  direct  care  staff  in
    16  relation to the targeted population;
    17    (iv) person-centered planning for resident care; and
    18    (v)  staff  education  and  training,  which shall include, but not be
    19  limited to:
    20    (A) characteristics and needs of persons with Alzheimer's disease  and
    21  dementia  including behavioral symptoms, and mental and emotional chang-
    22  es;
    23    (B) assessment of care outcomes;
    24    (C) appropriate activities of daily living;
    25    (D) dementia-related behaviors and communication limitations;
    26    (E) other methods of meeting residents' needs on an individual basis;
    27    (F) use and operation of environmental modifications that protect  the
    28  health and safety of the residents; and
    29    (G) attaining professional affiliation or special qualifications rele-
    30  vant to serving persons with advanced needs.
    31    § 2. This act shall take effect immediately.
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