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A05692 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5692
 
SPONSOR: Cymbrowitz

 
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.