IMPROVING THE QUALITY
OF ASSISTED LIVING FACILITIES

Legislation supported by Assemblyman Mark Weprin, designed to protect the health and well-being of seniors by requiring state oversight of assisted living facilities, passed the Assembly.

More and more seniors are turning to assisted living facilities as a place to get the care they need while maintaining their independence. Currently, these facilities are unlicensed and unregulated. This legislation will provide important consumer protections and ensure that assisted living facilities are inspected by the state.

The legislation would:

• clearly define “assisted living residences”
• require assisted living facilities to be licensed with the Department of Health
• require assisted living facilities’ operators to undergo character and competence review by the Department of Health
• require each facility to clearly post resident rights
• require the execution of a written residency agreement with each resident
• set guidelines regarding the management of a resident’s money and property
• require facilities to assist in the development and operation of resident and family councils
• set uniform guidelines for the admission, discharge and transfer of residents

Residential assisted living facilities allow seniors to get additional levels of care in a home-like setting. This measure would provide seniors with the necessary protections to ensure their health, their safety, and their ability to make informed choices for their living arrangements and health care.

HELPING CONSUMERS
GET THE BEST PRICE FOR
PRESCRIPTION DRUGS

Legislation that would provide consumers with timely, competitive pricing information for some of the most commonly used prescription drugs passed the Assembly with Mark Weprin’s support. The measure could save many households hundreds of dollars per month.

There is often a large difference in prescription drug prices from retailer to retailer – sometimes in excess of $50 per prescription. To help consumers get their prescription drugs for less, this legislation would make the results of the Comparison Cost Survey available to the public. The survey shows how much prescriptions cost at common retailers so people can get the best price for their medication.

The top 25 medications would include those prescribed for heart disease, diabetes, cancer treatments, Alzheimer’s disease, and other illnesses.

ADVANCEMENT IN
RAPE PROSECUTIONS

The Assembly passed legislation cosponsored by Assemblyman Mark Weprin to provide a statutory means for prosecutors to indict rape and sexual assault suspects identified solely by DNA evidence left at crime scenes. These “John Doe” indictments stop the clock on the statute of limitations and assure full prosecution when the criminal is caught.

“‘John Doe’ indictments are a powerful means to ensure that law enforcement may solve sexual assault cases no matter how long it takes,” Assemblyman Weprin said. “There should not be a time limit on bringing rapists and violent criminals who commit these vicious attacks to justice.”

The bill would establish a special program to assist police and prosecutors in expediting the processing of DNA evidence, and adopt statewide standards for the storage and use of DNA samples to ensure that no evidence is discarded or lost due to improper handling. The legislation is also designed to assure that those who are wrongly convicted of crimes may use DNA evidence to prove their innocence, making sure that the right person is behind bars.

STANDING UP TO
HEALTH INSURANCE COMPANIES

Mark Weprin announced Assembly passage of legislation he supported that would set penalties for violations of the Managed Care Bill of Rights and speed up health care claims. A measure awaiting Assembly approval would establish a managed care assistance program.

“Accessing quality health care can be confusing and time-consuming,” Assemblyman Weprin said. “But there are ways to make it work better. This legislation holds health care companies to a higher standard and gives people help in understanding their coverage.”

The Managed Care Bill of Rights provides consumers protection from unfair practices by HMOs, but currently there are no monetary penalties for violations. The Assembly’s legislation would establish fines of between $500 and $5,000 – depending on the severity of the violation – for defying the Managed Care Bill of Rights.

As the law stands now, there is little to deter managed care providers from taking advantage of people. This legislation would put teeth in this vital law that protects people who have managed health care coverage.

Another bill that Assemblyman Weprin cosponsored and the Assembly passed would:

• promote prompt and fair resolutions of health care claims
• establish a system for the resolution of claim disputes
• create a fund for the payment of claims in case a health plan lacks the money to pay them

Many times people wait months and months for the results of their health care claims, only to find out they aren’t going to receive all of the money to which they are entitled. By speeding up the claims process and ensuring that a fair amount of money will be paid, this legislation makes sure consumers aren’t paying for HMO shortcomings.

EXPANDING NEW YORK’S
DNA CRIMINAL DATABASE

The state Assembly, Senate, and Governor reached agreement on a bill that will expand New York State’s criminal DNA database to include all persons convicted of sex-related crimes covered by Megan’s Law and approximately 50 other violent or threatening crimes.

Modern technology and DNA have enabled police to solve crimes that once would have gone unsolved. The agreement to expand New York’s DNA database will help solve more crimes and put dangerous criminals behind bars.

Under the new agreement, any person convicted of a felony or misdemeanor offense for sexual assault under Megan’s Law and a range of other crimes must provide a DNA sample for inclusion in the state’s databank. And to protect the rights and lives of people who have been charged or even convicted – but may be innocent – the legislation would assist those wrongly convicted in using DNA evidence to prove their innocence.

DNA has revolutionized criminal investigations around the world. DNA evidence at crime scenes can be quickly matched to our state’s genetic databank to identify – or eliminate – suspects in criminal investigations. Expanding New York’s DNA database will assist law enforcement in identifying and prosecuting criminals.

CRACKING DOWN
ON CRIMINALS

To protect our communities and punish those who prey on innocent children, Assemblyman Weprin supported legislation requiring a mandatory life sentence without parole as the minimum sentence for a person convicted of murdering a child under the age of 14 in the course of committing a felony sex crime against the child.

The legislation – which is known as Joan’s Law in memory of Joan D’Alessandro, a New Jersey girl who was sexually assaulted and murdered while delivering Girl Scout cookies – also has Senate approval, and is expected to be signed into law by the Governor.

“I hope this legislation will deter these crimes, and can return a small measure of security to families and communities who have suffered from the loss of a child,” Assemblyman Weprin said.

WEPRIN CLOSES REAL
PROPERTY TAX LOOPHOLE

The Assembly unanimously passed a bill sponsored by Assemblyman Mark Weprin that would correct an inequity in New York State’s real property tax law.

Under current law, in order for a homeowner to qualify for a real property tax exemption, every owner listed on the title must qualify for that same exemption. If two or more people own a home and each qualifies for a different tax exemption, they become ineligible for both.

Mark Weprin’s bill would amend the law to allow homeowners in that situation to choose one exemption and avoid losing the tax benefit.

BUDGET REFORM

A bill allowing historic reforms to New York’s budget process to go forward passed the Assembly with Mark Weprin’s vote. The Senate has also passed matching legislation.

“The state’s budget-crafting system – designed more than 70 years ago to deal with different challenges in what was then a different New York – became chaotic and inefficient,” Assemblyman Weprin said. “Our plan will bring transparency, accountability and efficiency to the process.”

The bipartisan budget reform plan includes moving the start of New York’s fiscal year from April 1 to May 1 to allow for better revenue and spending projections and instituting provisions to instill greater accountability in the process. If no budget is in place by May 1, the plan provides for a contingency budget equivalent to that of the preceding year.

These reforms will help ensure fair, on-time state budgets that meet the needs of New Yorkers through better long-term and annual planning, closer oversight of spending, and more public input.

The Assembly and Senate’s agreement on budget reform would require a two-year appropriation for education aid. This will help schools stay a step ahead by finally giving them the information they need, when they need it.

The reforms will also create a reserve fund in the state constitution to ensure sufficient funds exist for the payment of education aid in May and June of each year.

“Putting an end to the problems that have plagued our state budget for years will begin a new era of openness, accountability and timeliness,” Weprin said. “The benefits will be felt across the state.”

IMPROVING
TRAFFIC SAFETY

After the injury of a young child in Fresh Meadows was caused by a truck driver running a red light, Assemblyman Weprin joined Paul S. White, Executive Director of Transportation Alternatives, in calling for the installation of more red light cameras in New York City. The cameras strongly discourage drivers from going through red lights, and should therefore reduce the frequency of accidents. The 50 red light cameras the City is currently authorized to use have reduced the incidence of motorists running red lights by up to 60% at intersections where they have been deployed.

Left to right: Paul S. White, Executive Director of Transportation Alternatives; Assemblyman Mark Weprin

Assemblyman Mark Weprin attended an event at the Holocaust Resource Center and Archive at Queensborough Community College. The Holocaust Resource Center acts as an ongoing witness to history. It has countless books, thousands of photographs, and hundreds of tapes recording the personal journeys of those who were victims of the Holocaust. The Center actualizes the lessons of the Holocaust to teach tolerance, to understand prejudice, and to embrace the lives and legacies of the survivors.

Left to right: Dr. Eduardo Marti, Queensborough Community College President; Senator Frank Padavan; Assemblyman Mark Weprin

In light of recent accidents involving children struck by vehicles while riding a bicycle, Assemblyman Weprin wants everyone to keep the following safety tips in mind:

• Children up to age 14 must wear a helmet approved by the Commissioner of Motor Vehicles
• Ride your bike on the far right with traffic
• Obey all traffic signs, signals, and pavement markings
• Use proper hand signals
• Yield to emergency vehicles, pedestrians, and approaching vehicles
• Walk your bike across intersections and busy streets
• Use a headlight and taillight and wear reflective clothing if you must ride at night
• Watch out for opening car doors and for cars pulling into traffic
• Wear bright colored clothing
• Avoid objects on the pavement that may cause you to lose control of your bike
• Never carry a passenger on a bike unless it’s a child in an approved safety seat
• Keep both hands on handle bars

Also, bicycle riders must follow these road rules:

• Stop at red lights, stop signs and before entering a roadway
• Do not wear earphones plugged into a radio or tape player while riding a bike
• Report any bicycle accident in which a person is killed or seriously injured to the Commissioner of Motor Vehicles within 10 days
• Ensure the bicycle has the equipment required by law

Additional bicycle safety information is available in Assemblyman Weprin’s District Office, located at 56-21 Marathon Parkway, Little Neck, New York 11362. If you would like to receive a bicycle safety pamphlet in the mail, please call (718) 428-7900.

The following is a summary of bills that were approved by both houses of the State Legislature during the 2004 Legislative Session. These bills include measures that will:

CONSUMER AFFAIRS

• Prohibit assessment of fees on gift cards & gift certificates for at least one year.

COURTS

• Permit the parties to a lawsuit to agree to conduct depositions by telephone or other remote electronic means

CRIME PREVENTION

• Provide for the development and dissemination of bias related crime prevention information on college campuses and property

EDUCATION

• Require publishers and manufacturers of instructional materials to provide electronic copies of such material for use by disabled students

ENVIRONMENT

• Require that manufacturers of mercury-added consumer products conspicuously label that it must be properly disposed of or recycled.
• Allow for the pursuit of reparation money to restore lands that are damaged as a result of timber theft

HEALTH

• Extend the operational authority for prepaid health service plans
• Allow day care providers to continue the current practice of administering medication and treatment to children in day care, with parental permission
• Facilitate the development of comprehensive care centers for eating disorders in order to provide individualized and integrated plans of care