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S07161 Summary:

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S07161 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7161
 
                    IN SENATE
 
                                      April 1, 2016
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging
 
        AN ACT to amend the elder law, in  relation  to  rules  and  regulations
          pertaining to the operation of social adult day care programs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
     2  section 215 of the elder law is amended to read as follows:
     3    The  director is authorized and directed to promulgate rules and regu-
     4  lations, establishing standards and  requirements  with  regard  to  the
     5  operation  of  all  social  adult  day  care programs [receiving funding
     6  pursuant to this article], regardless of the source of funding  utilized
     7  by  such  programs, whether public or private.  For a program subject to
     8  oversight by the office pursuant to this section  and  any  other  state
     9  agency,  where there is duplication in the rules and regulations promul-
    10  gated by such agencies, the rules and regulations  of  the  other  state
    11  agency  shall  take precedence. The director shall establish a method by
    12  which a program affected by such duplication of  rules  and  regulations
    13  shall notify the office of such duplication. Such standards and require-
    14  ments shall include, but not be limited to:
    15    §  2. Subdivision 5 of section 215 of the elder law is amended to read
    16  as follows:
    17    5. Report of director. The director, after consultation  with  his  or
    18  her  advisory committee, affected state agencies, any affected municipal
    19  agencies and  persons  involved  in  providing  social  adult  day  care
    20  services,  shall  make a report, on or before December thirty-first, two
    21  thousand [five] sixteen, to the governor, the temporary president of the
    22  senate, the speaker of the assembly, the chair of  the  senate  standing
    23  committee  on  aging and the chair of the assembly standing committee on
    24  aging on the projected costs and benefits of establishing uniform stand-
    25  ards and requirements with regard to operation of social adult day  care
    26  services in the state. The report shall include the director's findings,
    27  recommendations  and  estimate  of the fiscal implications of regulating
    28  social adult day care services in the state.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13559-01-6
        S. 7161                             2
 
     1    § 3. Paragraphs (b) and (e) of subdivision 1 of  section  215  of  the
     2  elder law are amended to read as follows:
     3    (b) "Social adult day services" shall mean a program providing a vari-
     4  ety  of  long  term  care services to a group of individuals, possessing
     5  functional impairments, whether due to  physical  or  cognitive  impair-
     6  ments, in a congregate setting and pursuant to an individualized plan of
     7  care.  A  person  or program shall be prohibited from holding themselves
     8  out as providing social adult day services unless they meet the require-
     9  ments of this paragraph.
    10    (e) "Social adult day care" shall mean a program providing  a  variety
    11  of  comprehensive  services  to functionally impaired elderly persons as
    12  defined in regulations established by the director. A person or  program
    13  shall  be  prohibited  from  holding  themselves out as providing social
    14  adult day care unless they meet the requirements of this paragraph.
    15    § 4. This act shall take effect immediately.