STATE OF NEW YORK
________________________________________________________________________
2450--A
2011-2012 Regular Sessions
IN SENATE
January 21, 2011
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Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to increase the availability of adult day health care programs;
and providing for the repeal of such provisions upon expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law to the contrary,
2 an adult home, as defined by subdivision 25 of section 2 of the social
3 services law, possessing a valid operating certificate pursuant to title
4 2 of article 7 of the social services law and located in a county with a
5 population of more than one hundred thirty thousand and less than one
6 hundred forty thousand persons based on the two thousand federal census
7 shall be authorized to operate an adult day health care program. Such
8 program shall satisfy all other adult day health care program require-
9 ments as set forth in 10 NYCRR Part 425. Such program shall be reim-
10 bursed in accordance with subdivision 23 of section 2808 of the public
11 health law and 10 NYCRR Part 86-2.9 as if such program were operated by
12 a residential health care facility without adequate cost experience and
13 without a skilled nursing facility rate in effect on January 1, 1990.
14 Any such adult home that receives authorization to operate an adult day
15 health care program shall submit a report annually to the commissioner
16 of health, the governor, the temporary president of the senate and the
17 speaker of the assembly, which contains the cost of the program, includ-
18 ing the savings to the state and local governments, the number of
19 persons served by the program by county, a description of the demograph-
20 ic and clinical characteristics of patients served by the program, and
21 an evaluation of the quality of care provided to persons served by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04189-02-2
S. 2450--A 2
1 program. After release of the second report by any such program if the
2 findings of the report do not reflect a cost savings to the state and
3 local governments, the program may be terminated immediately by the
4 commissioner of health. Within thirty days of the termination of a
5 program under this act, the commissioner of health shall submit a report
6 to the governor, the temporary president of the senate and the speaker
7 of the assembly which outlines the reasons for early termination of such
8 program.
9 § 2. This act shall take effect immediately and shall expire and be
10 deemed repealed September 1, 2017; provided, that any person placed in
11 an adult day health care program pursuant to section one of this act,
12 prior to the repeal of this act shall be authorized to remain in such
13 program and receive the services thereof after the repeal of this act;
14 and provided, further, that state funding for the provision of adult day
15 health care program services authorized by this act shall continue after
16 the repeal of this act for any person to which the provisions of this
17 act shall continue to apply.
