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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10384
SPONSOR: Gottfried 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 § 361-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 or
offering aging in place.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
none to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10384
IN ASSEMBLY
May 25, 2016
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
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.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15535-01-6
