NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3922A
SPONSOR: Cruz TITLE OF BILL:
An act in relation to enacting the "reimagining long-term care task
force" to create a task force to study the state of long-term care
services in this state
PURPOSE:
This bill establishes a long-term care task force that will examine the
state of long-term care, both home-based and facility-based, in the
state, and consider potential models for improvement. It will examine
both the impact of the coronavirus pandemic on long-term care as well as
the broader long-term system in New York.
SUMMARY OF PROVISIONS:
Section 1: Sets short title.
Section 2: Sets the duties and topics of inquiry for the task force.
Section 3: Sets the membership of the task force and establishes the
Director of the State Office for the Aging as chair. ** The amendment to
this bill adds one representative from the Empire State Association of
Assisted Living.
Section 4: Directs state agencies to provide the task force necessary
assistance.
Section 5: Requires one report from the task force with respect to the
coronavirus pandemic by December 1, 2021. Requires a second report of
its full study by May 1, 2022.
Section 6: Sets the effective date.
JUSTIFICATION:
New York is in a period of reimagining many of the systems we rely on.
As we discuss reimagining business or schools, there is another system
that requires significant consideration: long-term care. Nursing homes
and adult care facilities have been among the hardest hit communities in
the coronavirus crisis: Our long-term care system was already troubled
before the pandemic, with overworked and underpaid staff and facilities
whose rates have not been increased in years. The pandemic exacerbated
these challenges.
This legislation will establish a Reimagining Long-Term Care Task Force
with representatives from across the long-term care system. The task
force will have two goals. First, to examine the impact of the coronavi-
rus pandemic on long-term care in New York State, producing a report on
issues like staffing shortages, visitation bans, infection control
protocols and enforcement. Second, to make recommendations to the Gover-
nor and legislature on how to build a more resilient long-term care
system to care for and protect the overall well-being of residents and
clients in any future emergency.
FISCAL IMPACT:
To be determined
LEGISLATIVE HISTORY:
New bill
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
3922--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 29, 2021
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Aging -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT in relation to enacting the "reimagining long-term care task
force" to create a task force to study the state of long-term care
services in this state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "reimagining long-term care task force act".
3 § 2. Reimagining long-term care task force; duties. There is hereby
4 created the reimagining long-term care task force. Such task force shall
5 study the state of long-term care services, options and challenges for
6 older New Yorkers and reimagine how the state can better meet the exist-
7 ing and projected needs of such New Yorkers in ways that prioritize
8 safety and affordability, and enhance the quality of life for those in
9 need of such care. In carrying out its task, the task force shall
10 consider the full continuum of care available to older New Yorkers,
11 including, but not limited to, community-based services, consumer-di-
12 rected services, culturally and linguistically relevant healthcare,
13 independent living, assisted living and skilled-nursing facility care.
14 The task force shall study the limitations currently hampering quality
15 care, both in home-based and facility-based settings, and consider
16 potential models for improvement. In addition, the task force shall
17 study the challenges and issues generated by the coronavirus pandemic,
18 including, but not limited to, infection control protocols and enforce-
19 ment, staffing shortages, lack of federally mandated crisis plans, visi-
20 tation bans, and other factors that exacerbated the pandemic's toll on
21 residents and staff of skilled nursing and other adult-care facilities.
22 The task force shall utilize the findings of its study on the impact of
23 the coronavirus pandemic to formulate recommendations on how such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04857-06-1
A. 3922--A 2
1 skilled nursing and other adult-care facilities, as well as home care
2 service agencies, can better care for and protect the overall well-being
3 of residents and clients in any future emergency.
4 § 3. Membership. 1. The reimagining long-term care task force shall
5 consist of 26 members as follows:
6 (a) the director of the office for the aging, or his or her designee;
7 (b) the commissioner of health, or his or her designee;
8 (c) the commissioner of labor, or his or her designee;
9 (d) the commissioner of the office for people with developmental disa-
10 bilities, or his or her designee;
11 (e) two members appointed by the governor;
12 (f) two members appointed by the temporary president of the senate;
13 (g) two members appointed by the speaker of the assembly;
14 (h) one member appointed by the minority leader of the senate;
15 (i) one member appointed by the minority leader of the assembly;
16 (j) one representative of the AARP;
17 (k) one representative of New York Caring Majority;
18 (l) one representative of the Home Care Association of New York State
19 (HCA-NYS);
20 (m) one representative of the Long Term Care Community Coalition;
21 (n) one representative of 1199;
22 (o) one representative of the New York State Nurses Association;
23 (p) one representative of LeadingAge;
24 (q) one representative of Healthcare Association of New York State
25 (HANYS);
26 (r) one representative of the Association on Aging in New York; and
27 (s) one representative of the Empire State Association of Assisted
28 Living;
29 (t) one representative of the New York State Health Facilities
30 Association/New York State Center for Assisted Living;
31 (u) one representative of the New York Medical Directors Association;
32 (v) one representative of the New York Chapter of the American College
33 of Physicians Geriatrics Committee; and
34 (w) one representative of Argentum New York.
35 2. Members of the task force shall broadly represent long-term care
36 and senior-related interests, including persons with expertise in senior
37 or long-term care advocacy, persons with expertise in addressing dispar-
38 ities based on race, ethnicity, sexual orientation, gender identity, and
39 disability in senior or long-term care, home care and facility based
40 service providers, health care workers, community-based services,
41 consumer-directed services, associations for seniors, health care asso-
42 ciations, elder law representatives, and/or representatives of senior
43 housing, including skilled nursing, independent facilities and services,
44 assisted living facilities and services, and naturally occurring retire-
45 ment communities.
46 3. The director of the office for the aging, or his or her designee,
47 shall serve as chairperson of the task force.
48 4. No member of the task force shall be disqualified from holding any
49 other public office or employment, nor shall he or she forfeit any such
50 office or employment by reason of his or her appointment pursuant to
51 this act, notwithstanding the provisions of any general, special or
52 local law, ordinance or city charter.
53 5. The members of the task force shall receive no compensation for
54 their services, but shall be allowed their actual and necessary expenses
55 incurred in the performance of their duties pursuant to this act.
A. 3922--A 3
1 § 4. Assistance from state and local agencies. All departments and
2 agencies of the state or subdivisions thereof, and local governments of
3 this state shall, at the request of the chairperson, provide the task
4 force such facilities, assistance and data to enable the task force to
5 carry out its duties pursuant to this act.
6 § 5. Reports. 1. The task force shall report the findings of its study
7 with respect to the coronavirus pandemic to the governor, the temporary
8 president of the senate and the speaker of the assembly, on or before
9 December 1, 2021. Such report shall include recommendations for further
10 action and legislation.
11 2. The task force shall report the findings of its full study to the
12 governor, the temporary president of the senate and the speaker of the
13 assembly, on or before May 1, 2022. Such report shall include recommen-
14 dations for further action and legislation.
15 § 6. This act shall take effect immediately.
