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A05692 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to increase the availability of adult day health care programs by authorizing adult care facilities to operate such programs PURPOSE OR GENERAL IDEA OF BILL: The bill would authorize adult care facilities to operate adult day health care programs. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill would authorize an adult care facility possess- ing a valid operating certificate to apply to the Department of Health to operate an adult day health care program. To receive such approval, the adult care facility would be required to comply with the adult day health care program requirements as set forth in 10 NYCRR Part 425. The adult day health care program was first established in New York State in 1969. Pursuant to Public Health Law § 2808(2), nursing homes are authorized to provide adult day health care services to individuals who do not reside at the nursing home. The adult day health program requirements are set forth in regulation in 10 NYCRR Part 425. Current- ly, only nursing homes are authorized to operate adult day health care programs in the State. JUSTIFICATION: The adult day health care program allows senior citizens to remain living at home while receiving an array of health care and other supportive services during the day at nursing homes. Similar to nursing homes, Medicaid assisted living programs (ALPs) currently provide many of these same services to their full-time residents. However, ALPs cannot currently offer such services to seniors living in the community who are not full-time residents, because they are not currently author- ized to operate adult day health care programs. This bill would author- ize ALPs and other licensed adult care facilities to apply to the Department of Health to operate adult day health care programs, and provide such services to seniors living in the community if approved by the Department. The Department will only approve a new adult day health care program if there is unmet need in the County where the facility is located. PRIOR LEGISLATIVE HISTORY: 2017-18 A.4212 Referred to Health. 2011-12 A.7733 Referred to Health; S.5384 2013-14 A.2241 Referred to Health; No Senate 2015-16 A.1302 Referred to Health; No same as FISCAL IMPLICATIONS: None. The bill does not change the existing need methodology or reimbursement rates applicable to adult day health care programs EFFECTIVE DATE: This act shall take effect immediately.