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S02161 Summary:

S02161 Actions:

S02161 Committee Votes:

S02161 Floor Votes:

S02161 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2161--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 18, 2023
                                       ___________
 
        Introduced  by  Sens.  RIVERA, FERNANDEZ, WEBB -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          -- reported favorably from said committee and committed to the Commit-
          tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02675-03-3
        S. 2161--A                          2
 
     1    (iii) All program residents must be an admission requested by a lawful
     2  representative  of the resident or have been declined admission or read-
     3  mission by: a nursing home; assisted living residence; enhanced assisted
     4  living residence; or special needs assisted living residence.  In  addi-
     5  tion,  a  physician or nurse practitioner must certify that the prospec-
     6  tive resident can be safely cared for in the program.
     7    (b) The program shall  establish  environmental  safeguards  that  are
     8  tailored  to accommodate residents based upon needs as determined by the
     9  supervising physician and may allow  a  registered  nurse  to  evaluate,
    10  assess and execute physician orders.
    11    (c)  In  addition to applicable statutory and regulatory requirements,
    12  the department may establish standards for the program, including:
    13    (i) ensuring character and competence of the applicant and contracting
    14  physician and compliance with applicable laws, rules, and regulations;
    15    (ii) stabilization of  behavior  disturbances  and  the  provision  of
    16  palliative care;
    17    (iii)  applicable  experience  of  contract  and  direct care staff in
    18  relation to the targeted population;
    19    (iv) person-centered planning for resident care; and
    20    (v) staff education and training, which  shall  include,  but  not  be
    21  limited to:
    22    (A)  characteristics and needs of persons with Alzheimer's disease and
    23  dementia including behavioral symptoms, and mental and emotional  chang-
    24  es;
    25    (B) assessment of care outcomes;
    26    (C) appropriate activities of daily living;
    27    (D) dementia-related behaviors and communication limitations;
    28    (E) other methods of meeting residents' needs on an individual basis;
    29    (F)  use and operation of environmental modifications that protect the
    30  health and safety of the residents; and
    31    (G) attaining professional affiliation or special qualifications rele-
    32  vant to serving persons with advanced needs.
    33    § 2. This act shall take effect immediately.