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.
STATE OF NEW YORK
________________________________________________________________________
6121
IN SENATE(Prefiled)
January 4, 2012
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
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 recognized
6 the need to support a full continuum of long term care services for the
7 aging that supports the ability of seniors to remain in integrated
8 community settings for as long as possible. The state has offered simi-
9 lar support to allow persons with developmental disabilities and their
10 caregivers to live in community settings, but for the most part not in
11 integrated housing arrangements. Further, the state does not currently
12 support a service model that adequately supports the increasingly
13 sophisticated long term health care needs of persons with developmental
14 disabilities who are elderly in an integrated community setting that
15 includes 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 for
21 people with developmental disabilities, Camphill communities offer an
22 environment where people of all ages and abilities share home, work and
23 social activities and enjoy a rich artistic and cultural life with
24 opportunities for spiritual expression and dignified work. Camphill
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11097-09-2
S. 6121 2
1 communities rely on both paid and volunteer workers to ensure that
2 persons with developmental disabilities can realize their full potential
3 through constructive and productive interactions as fully participatory
4 members of their communities.
5 The Legislature further finds that members of such communities must
6 frequently leave those communities when they develop long term health
7 care needs that cannot be addressed in those settings. In such cases,
8 they are often admitted to less integrated settings that negatively
9 impact their quality of life and generate costs to those individuals and
10 to the state that would not be necessary if a more appropriate alterna-
11 tive 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 is
22 consistent with the goal of both the department of health and the office
23 for people with developmental disabilities to provide cost effective
24 services in the most integrated setting appropriate to the needs of
25 residents. In fact, Camphill Ghent has already received support from the
26 state in the form of a $9.6 million grant under the Healthcare Efficien-
27 cy and Affordability Law for New Yorkers and the Federal-State Health
28 Reform Partnership, pursuant to which it is subject to state oversight
29 and regulation.
30 However, there are currently legislative barriers to the full realiza-
31 tion of the Camphill Ghent goal, including barriers against allowing
32 residents to age in place, barriers against full funding for the
33 services necessary for persons living in a fully integrated setting who
34 have both developmental disabilities and significant long term health
35 care needs, and barriers against the use of volunteer services provided
36 by the potential residents of the new community. In the past, the Legis-
37 lature has enacted legislation to support a Camphill-related facility in
38 New York state by removing such barriers. Moreover, Camphill Village
39 has a proven track record of providing services at substantially lower
40 cost than comparable providers. Accordingly, the Legislature finds that
41 it is in the best interests of the state to establish Camphill Ghent as
42 a unique program to provide long term care services to persons with
43 developmental disabilities and others in an integrated community setting
44 in a manner that allows such individuals to age in place with all appro-
45 priate state supports, and without the barriers that will prevent such
46 persons 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:
S. 6121 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 assisted
36 living program at Camphill Ghent may be adjusted to reflect all or part
37 of 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 of
47 the 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. The
S. 6121 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.
