STATE OF NEW YORK
________________________________________________________________________
7654
2009-2010 Regular Sessions
IN ASSEMBLY
April 17, 2009
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Aging
AN ACT to amend the public health law and the social services law, in
relation to assisted living programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (e) of subdivision one of section 4651 of the
2 public health law, as added by chapter 2 of the laws of 2004, is amended
3 to read as follows:
4 (e) assisted living programs approved by the department pursuant to
5 section four hundred sixty-one-l of the social services law, except that
6 an enhanced assisted living residence may include such assisted living
7 program beds for purposes of subparagraph (ii) of paragraph (a) of
8 subdivision two of such section four hundred sixty-one-l;
9 § 2. Subdivision 4 of section 4655 of the public health law, as added
10 by chapter 2 of the laws of 2004, is amended to read as follows:
11 4. If a resident reaches the point where he or she is in need of twen-
12 ty-four hour skilled nursing care or medical care required to be
13 provided by facilities licensed pursuant to article twenty-eight of this
14 chapter or article nineteen, thirty-one or thirty-two of the mental
15 hygiene law, then the resident must be discharged from the residence and
16 the operator shall initiate proceedings for the termination of the resi-
17 dency agreement of such resident [in accordance with the provisions of]
18 under section four hundred sixty-one-h of the social services law.
19 [Provided, however] However, a resident may remain at the residence if
20 each of the following conditions are met:
21 (a) (i) the resident occupies an assisted living program bed under
22 section four hundred sixty-one-l of the social services law or (ii) a
23 resident in need of twenty-four hour skilled nursing care or medical
24 care hires appropriate nursing, medical or hospice staff to care for his
25 or her increased needs;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11171-01-9
A. 7654 2
1 (b) the resident's physician and home care services agency both deter-
2 mine and document that, with the provision of such additional nursing,
3 medical or hospice care, the resident can be safely cared for in the
4 residence, and would not require placement in a hospital, nursing home
5 or other facility licensed under article twenty-eight of this chapter or
6 article nineteen, thirty-one or thirty-two of the mental hygiene law;
7 (c) the operator agrees to retain the resident and to coordinate the
8 care provided by the operator and the additional nursing, medical or
9 hospice staff; and
10 (d) the resident is otherwise eligible to reside at the residence.
11 § 3. Paragraph (a) of subdivision 2 of section 461-l of the social
12 services law, as added by chapter 165 of the laws of 1991, is amended to
13 read as follows:
14 (a) Applicability. (i) Unless expressly provided otherwise in this
15 article or article thirty-six of the public health law, an assisted
16 living program shall be subject to any other law, rule or regulation
17 governing adult care facilities, long term home health care programs,
18 certified home health agencies, licensed home care agencies or personal
19 care services.
20 (ii) In addition, all assisted living program beds authorized under
21 paragraph (i) of subdivision three of this section, and all other
22 assisted living program beds after January first, two thousand fifteen,
23 shall be subject to article forty-six-B of the public health law as if
24 they were part of an assisted living residence. However, the commission-
25 er may waive or limit the applicability of any provision of such article
26 forty-six-B or regulation under that article to assisted living beds
27 that are subject to that article solely because of this subparagraph,
28 where the commissioner determines that the provision being waived or
29 limited:
30 (A) substantially duplicates a provision of law or regulation applica-
31 ble to the assisted living program that adequately protects assisted
32 living program recipients' rights and quality of care, or
33 (B) is inappropriate or unnecessary for protecting assisted living
34 program recipients' rights and quality of care.
35 § 4. This act shall take effect immediately.
