STATE OF NEW YORK
________________________________________________________________________
6094
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the commission on
accreditation of rehabilitation facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 1 of section 4653 of
2 the public health law, as amended by chapter 414 of the laws of 2013, is
3 amended to read as follows:
4 In order to operate as assisted living, an operator shall be licensed
5 as an adult home or enriched housing program and apply and be approved
6 for licensure with the commissioner pursuant to this article. The
7 commissioner shall accept a current accreditation report from a
8 nationally recognized accrediting organization known as the Commission
9 on Accreditation of Rehabilitation Facilities (CARF) in lieu of initial
10 licensure approval as an assisted living residence, enhanced assisted
11 living residence, and/or a special needs assisted living residence. For
12 operators not licensed as an adult home or enriched housing program, the
13 accreditation report shall be accepted in lieu of initial licensure as
14 an adult home or enriched housing program simultaneously with assisted
15 living residence, enhanced assisted living residence, and/or special
16 needs assisted living residence licensure. For operators already
17 licensed as adult homes and/or enriched housing programs by the depart-
18 ment, the commissioner shall accept a current accreditation report from
19 a nationally recognized accrediting organization known as the Commission
20 on Accreditation of Rehabilitation Facilities (CARF) in lieu of licen-
21 sure as an assisted living residence, an enhanced assisted living resi-
22 dence, and/or special needs assisted living residence. The operator
23 shall provide, such an accreditation report, or provide on an applica-
24 tion form developed by the commissioner, the following information to
25 the commissioner in order to be licensed:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03853-01-7
A. 6094 2
1 § 2. Paragraph (a) of subdivision 1 of section 4655 of the public
2 health law, as added by chapter 2 of the laws of 2004, is amended to
3 read as follows:
4 (a) Such application shall be on a form approved by the department; or
5 the operator may submit a current accreditation report form a nationally
6 recognized accrediting organization known as the Commission on Accredi-
7 tation of Rehabilitation Facilities (CARF) in lieu of such application.
8 § 3. The opening paragraph of subdivision 3 of section 4656 of the
9 public health law, as added by chapter 2 of the laws of 2004, is amended
10 and a new subdivision 9 is added to read as follows:
11 Approval for licensure or certification pursuant to this article may
12 be granted only to an applicant who submits a current accreditation
13 report from a nationally recognized accrediting organization known as
14 the Commission on Accreditation of Rehabilitation Facilities (CARF) or
15 who satisfactorily demonstrates:
16 9. The department shall accept a current accreditation report from a
17 nationally recognized accrediting organization known as the Commission
18 on Accreditation of Rehabilitation Facilities (CARF) in lieu of the
19 annual survey required by paragraph (a) of subdivision two of section
20 four hundred sixty-one-a of the social services law.
21 § 4. Subdivision 1 of section 4662 of the public health law, as added
22 by chapter 2 of the laws of 2004, is amended to read as follows:
23 1. The commissioner is hereby authorized to:
24 (a) accept a current accreditation report from a nationally recognized
25 accrediting organization known as the Commission on Accreditation of
26 Rehabilitation Facilities (CARF) in lieu of initial licensure approval
27 as an assisted living residence, enhanced assisted living residence,
28 and/or a special needs assisted living residence. For operators not
29 licensed as an adult home or enriched housing program, the accreditation
30 report shall be accepted in lieu of initial licensure as an adult home
31 or enriched housing program simultaneously with assisted living resi-
32 dence, enhanced assisted living residence, and/or special needs assisted
33 living residence licensure. For operators already licensed as adult
34 homes and/or enriched housing programs by the department, the commis-
35 sioner shall accept a current accreditation report from a nationally
36 recognized accrediting organization known as the Commission on Accredi-
37 tation of Rehabilitation Facilities (CARF) in lieu of licensure as an
38 assisted living residence, an enhanced assisted living residence, and/or
39 special needs assisted living residence by the department;
40 (b) develop, in consultation with the director of the state office for
41 the aging, consumers, operators of assisted living residences and home
42 care service agency providers, a consumer information guide to inform
43 and assist the consumer in the selection of an assisted living resi-
44 dence;
45 [(b)] (c) promulgate, in consultation with the director of the state
46 office for the aging, such rules and regulations as are necessary to
47 implement the provisions of this article;
48 [(c)] (d) receive and investigate complaints regarding the condition,
49 operation and quality of care of any entities holding themselves out as
50 assisted living, or advertising themselves by a similar term;
51 [(d)] (e) make necessary investigations to procure information
52 required to implement the provisions of this article; and
53 [(e)] (f) exercise all other powers and functions as are necessary to
54 implement the provisions of this article.
55 § 5. This act shall take effect immediately.