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.
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
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.