A08908 Summary:
BILL NO | A08908 |
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SAME AS | SAME AS S06121 |
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SPONSOR | Weisenberg |
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COSPNSR | |
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MLTSPNSR | |
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Amd SS1 - 3, 5, rpld S4, Chap 594 of 2011 | |
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Amends provisions relating to certain statutory authorizations in relation to the establishment of a long term care community in Columbia county known as Camphill Ghent, Inc. to provide integrated services to certain persons. |
A08908 Actions:
BILL NO | A08908 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/04/2012 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
01/10/2012 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2012 | advanced to third reading cal.305 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2012 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2012 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2012 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2012 | SUBSTITUTED FOR S6121 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2012 | 3RD READING CAL.16 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2012 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2012 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
02/07/2012 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
02/17/2012 | signed chap.13 |
A08908 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Goldfeder
Yes
Linares
Yes
O'Donnell
Yes
Scarborough
Yes
Abinanti
Yes
Colton
Yes
Goodell
Yes
Lopez PD
Yes
Ortiz
Yes
Schimel
Yes
Amedore
Yes
Conte
Yes
Gottfried
ER
Lopez VJ
Yes
Palmesano
Yes
Schimminger
Yes
Arroyo
Yes
Cook
Yes
Graf
Yes
Losquadro
Yes
Paulin
Yes
Simanowitz
Yes
Aubry
Yes
Corwin
Yes
Gunther
Yes
Lupardo
Yes
Peoples Stokes
Yes
Simotas
Yes
Barclay
Yes
Crespo
Yes
Hanna
Yes
Magee
Yes
Perry
Yes
Smardz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magnarelli
Yes
Pretlow
Yes
Stevenson
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Maisel
Yes
Quart
Yes
Sweeney
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Malliotakis
Yes
Ra
Yes
Tedisco
ER
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Markey
Yes
Rabbitt
Yes
Tenney
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
McDonough
Yes
Raia
Yes
Thiele
Yes
Braunstein
Yes
Dinowitz
ER
Jacobs
Yes
McEneny
Yes
Ramos
Yes
Titone
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Reilich
Yes
Titus
Yes
Brindisi
Yes
Englebright
Yes
Jeffries
Yes
McLaughlin
Yes
Reilly
ER
Tobacco
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
Meng
Yes
Rivera J
Yes
Walter
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
Miller D
Yes
Rivera N
Yes
Weinstein
Yes
Burling
Yes
Finch
Yes
Katz
Yes
Miller JM
Yes
Rivera PM
Yes
Weisenberg
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller MG
Yes
Roberts
Yes
Weprin
Yes
Cahill
Yes
Friend
Yes
Kellner
Yes
Millman
Yes
Robinson
Yes
Wright
Yes
Calhoun
ER
Gabryszak
Yes
Kolb
Yes
Montesano
Yes
Rodriguez
Yes
Zebrowski
Yes
Camara
Yes
Galef
Yes
Lancman
Yes
Morelle
ER
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
Yes
Gantt
Yes
Latimer
Yes
Moya
Yes
Russell
Yes
Castelli
Yes
Gibson
Yes
Lavine
Yes
Murray
Yes
Ryan
Yes
Castro
Yes
Giglio
Yes
Lentol
Yes
Nolan
Yes
Saladino
Yes
Ceretto
Yes
Glick
Yes
Lifton
Yes
Oaks
Yes
Sayward
‡ Indicates voting via videoconference
A08908 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8908 IN ASSEMBLY (Prefiled) January 4, 2012 ___________ Introduced by M. of A. WEISENBERG -- read once and referred to the Committee on Health AN ACT to amend chapter 594 of the laws of 2011, relating to authorizing the establishment of a long term care community in Columbia county known as Camphill Ghent, Inc. to provide integrated services to certain persons, in relation to statutory authorizations; and to repeal section 4 of such chapter relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of chapter 594 of the laws of 2011, relating to 2 authorizing the establishment of a long term care community in Columbia 3 county known as Camphill Ghent, Inc. to provide integrated services to 4 certain persons, is amended to read as follows: 5 Section 1. Legislative intent. [New York state has long recognized6the need to support a full continuum of long term care services for the7aging that supports the ability of seniors to remain in integrated8community settings for as long as possible. The state has offered simi-9lar support to allow persons with developmental disabilities and their10caregivers to live in community settings, but for the most part not in11integrated housing arrangements. Further, the state does not currently12support a service model that adequately supports the increasingly13sophisticated long term health care needs of persons with developmental14disabilities who are elderly in an integrated community setting that15includes elderly persons with developmental disabilities and others.] 16 The Legislature finds that the Camphill movement has a long tradition 17 of providing services to persons with developmental disabilities in 18 fully integrated community settings through its worldwide network of 19 planned, intentional communities serving persons with and without devel- 20 opmental disabilities. [Much more than providers of basic services for21people with developmental disabilities, Camphill communities offer an22environment where people of all ages and abilities share home, work and23social activities and enjoy a rich artistic and cultural life with24opportunities for spiritual expression and dignified work. CamphillEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11097-09-2A. 8908 2 1communities rely on both paid and volunteer workers to ensure that2persons with developmental disabilities can realize their full potential3through constructive and productive interactions as fully participatory4members of their communities.5The Legislature further finds that members of such communities must6frequently leave those communities when they develop long term health7care needs that cannot be addressed in those settings. In such cases,8they are often admitted to less integrated settings that negatively9impact their quality of life and generate costs to those individuals and10to the state that would not be necessary if a more appropriate alterna-11tive were available. In recognition of this fact,] Camphill Village USA, 12 Inc., which currently operates a Camphill community in Copake, New York, 13 is in the process of developing a community in Ghent, New York, under 14 the auspices of Camphill Ghent, Inc., ("Camphill Ghent"), that would 15 provide an array of long term care services, including assisted living, 16 to persons with and without developmental disabilities who would live in 17 a fully integrated setting in the Camphill tradition. To permit the 18 establishment and operation of such community and allow its residents to 19 "age in place," it is necessary to exempt Camphill Ghent from certain 20 statutory provisions. 21 [The Legislature further finds that the Camphill Ghent project is22consistent with the goal of both the department of health and the office23for people with developmental disabilities to provide cost effective24services in the most integrated setting appropriate to the needs of25residents. In fact, Camphill Ghent has already received support from the26state in the form of a $9.6 million grant under the Healthcare Efficien-27cy and Affordability Law for New Yorkers and the Federal-State Health28Reform Partnership, pursuant to which it is subject to state oversight29and regulation.30However, there are currently legislative barriers to the full realiza-31tion of the Camphill Ghent goal, including barriers against allowing32residents to age in place, barriers against full funding for the33services necessary for persons living in a fully integrated setting who34have both developmental disabilities and significant long term health35care needs, and barriers against the use of volunteer services provided36by the potential residents of the new community. In the past, the Legis-37lature has enacted legislation to support a Camphill-related facility in38New York state by removing such barriers. Moreover, Camphill Village39has a proven track record of providing services at substantially lower40cost than comparable providers. Accordingly, the Legislature finds that41it is in the best interests of the state to establish Camphill Ghent as42a unique program to provide long term care services to persons with43developmental disabilities and others in an integrated community setting44in a manner that allows such individuals to age in place with all appro-45priate state supports, and without the barriers that will prevent such46persons from becoming fully participatory members of their community.] 47 § 2. Section 2 of chapter 594 of the laws of 2011, relating to author- 48 izing the establishment of a long term care community in Columbia county 49 known as Camphill Ghent, Inc. to provide integrated services to certain 50 persons, is amended to read as follows: 51 § 2. The Legislature hereby authorizes the establishment of a communi- 52 ty in Columbia county known as Camphill Ghent, Inc. (hereinafter "Camp- 53 hill Ghent"), that is specifically designed to provide long term care 54 and other services to persons with developmental disabilities and 55 others. Such community shall:A. 8908 3 1 (a) include, at a minimum, subject to the approval of the commissioner 2 of health and the public health and health planning council, as appro- 3 priate, an assisted living program as defined in section 461-l of the 4 social services law, other adult home beds as defined in subdivision 25 5 of section 2 of the social services law, and unlicensed housing targeted 6 to seniors aged 55 and over comprised of self-contained studio, one 7 bedroom and two bedroom units connected to common areas for common 8 dining and recreation, and two and three bedroom independent housing 9 units; 10 (b) include a series of buildings for common use that will house a 11 variety of non-medical services available to community residents; 12 (c) include both persons with developmental disabilities and persons 13 without developmental disabilities among the residents; 14 (d) include extensive use of volunteers to supplement the services 15 provided by the required professional staff; and 16 (e) provide regular reports to the state consistent with its obli- 17 gations under section 2818 of the public health law. 18 § 3. Section 3 of chapter 594 of the laws of 2011, relating to author- 19 izing the establishment of a long term care community in Columbia county 20 known as Camphill Ghent, Inc. to provide integrated services to certain 21 persons, is amended to read as follows: 22 § 3. Notwithstanding subdivision 6 of section 461-c and subparagraph 23 (ii) of paragraph (d) of subdivision 1 and subparagraph (iii) of para- 24 graph (d) of subdivision 2 of section 461-l of the social services law, 25 an eligible person who has been admitted to the adult home or assisted 26 living program at Camphill Ghent, who is otherwise no longer eligible 27 for participation in an adult home or assisted living program because 28 such person is in need of continual nursing or medical care, chronically 29 bedfast or chairfast, or cognitively, physically or medically impaired 30 to such a degree that his or her safety would otherwise be endangered, 31 may remain in the adult home or assisted living program at Camphill 32 Ghent provided that the program provides such additional nursing, 33 medical or other care as necessary for such person to be safely and 34 adequately cared for, as determined by the program and such person or 35 his or her legal representative. [The rates payable to the assisted36living program at Camphill Ghent may be adjusted to reflect all or part37of the cost of such additional medical, nursing or other care.] 38 § 4. Section 4 of chapter 594 of the laws of 2011, relating to author- 39 izing the establishment of a long term care community in Columbia county 40 known as Camphill Ghent, Inc. to provide integrated services to certain 41 persons, is REPEALED. 42 § 5. Section 5 of chapter 594 of the laws of 2011, relating to author- 43 izing the establishment of a long term care community in Columbia county 44 known as Camphill Ghent, Inc. to provide integrated services to certain 45 persons, is amended to read as follows: 46 § 5. Camphill Ghent shall be exempt from [the following provisions of47the social services law:] subdivision 6 of section 461-c of the social 48 services law regarding retention standards in adult care facilities; 49 subdivision 4 of section 461-d of the social services law regarding 50 compensation of residents of certain adult care facilities for services 51 performed on behalf of such adult care facility; and subparagraph (ii) 52 of paragraph (d) of subdivision 1 of section 461-l of the social 53 services law regarding retention standards in assisted living programs. 54 Camphill Ghent shall also be exempt from subdivision 15 of section 4651 55 and section 4654 of the public health law, as added by chapter 2 of the 56 laws of 2004, regarding enhanced assisted living certification. TheA. 8908 4 1 exemption from subdivision 6 of section 461-c of the social services law 2 and subparagraph (ii) of paragraph (d) of subdivision 1 of section 461-l 3 of the social services law shall apply only to the extent that Camphill 4 Ghent meets the requirements of section three of this act. 5 § 6. This act shall take effect immediately.