Establishes a special needs assisted living program to serve residents of certified assisted living residences with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.
STATE OF NEW YORK
________________________________________________________________________
5223
2025-2026 Regular Sessions
IN SENATE
February 19, 2025
___________
Introduced by Sens. RIVERA, ASHBY, FERNANDEZ, GALLIVAN, WEBB -- read
twice and ordered printed, and when printed to be committed to the
Committee on Health
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.
LBD07046-01-5
S. 5223 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.
