Bill Text: NY A05790 | 2023-2024 | General Assembly | Amended
Bill Title: Requires reporting and posting by assisted living facilities relating to quality measures and information concerning rates, rent, and service fees; requires a scoring system of the assisted living quality reporting.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-05-09 - advanced to third reading cal.450 [A05790 Detail]
Download: New_York-2023-A05790-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5790--B 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. PAULIN, SAYEGH, WEPRIN, HEVESI, GUNTHER, ZEBROW- SKI -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Health in accord- ance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to quality improve- ment and increased consumer transparency in assisted living resi- dences The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 7 and 8 of section 4656 of the public health 2 law, as added by chapter 2 of the laws of 2004, are renumbered subdivi- 3 sions 9 and 10 and two new subdivisions 7 and 8 are added to read as 4 follows: 5 7. (a) All assisted living residences, as defined in subdivision one 6 of section forty-six hundred fifty-one of this article, including those 7 licensed and certified as an assisted living residence, special needs 8 assisted living residence, or enhanced assisted living residence, shall: 9 (i) report annually on quality measures to be established by the 10 department, in consultation with industry and consumer representatives, 11 including the long-term care ombudsman or their representative, in the 12 form and format prescribed by the department, with the first report due 13 no later than January fifteenth, two thousand twenty-five; and 14 (ii) post information, including the starting monthly service rate, 15 range for starting rent, approved admission or residency agreement, and 16 a consumer-friendly summary of all service fees, through a reporting 17 system to be developed by the department, in consultation with industry 18 and consumer representatives, that takes into account differences in 19 licensure and certification, services, agreements and fee structures EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10164-03-4A. 5790--B 2 1 across facilities. Such information shall be posted in a conspicuous 2 place on the facility's website and in a public space within the facili- 3 ty and shall be made available to the public on forms developed by the 4 department. Beginning on October first, two thousand twenty-four, this 5 information shall also be reported to the department. 6 (b) The department shall develop a system to score the results of the 7 assisted living quality reporting obtained pursuant to paragraph (a) of 8 this subdivision, in consultation with industry and consumer represen- 9 tatives. Facilities scoring in the top quartile shall be granted the 10 classification of advanced standing on their annual surveillance sched- 11 ules. 12 (i) Notwithstanding subparagraph one of paragraph (a) of subdivision 13 two of section four hundred sixty-one-a of the social services law, 14 facilities achieving an advanced standing classification shall be 15 surveyed every eighteen months. All other facilities shall be surveyed 16 on an unannounced basis no less than annually; provided, however, that 17 this shall not apply to surveys, inspections or investigations based on 18 complaints received by the department under any other provision of law. 19 (ii) Facilities may remain on advanced standing classification 20 provided they meet the scoring requirements in assisted living quality 21 reporting and until such time when they do not meet such scoring 22 requirements. 23 (c) Effective January thirty-first, two thousand twenty-five, the 24 department shall post on its website the results of the assisted living 25 quality reporting, collected pursuant to subparagraph (i) of paragraph 26 (a) of this subdivision. 27 (d) No later than February fifteenth, two thousand twenty-five, the 28 department shall report to the legislature on the development of a qual- 29 ity scoring system for adult care facilities, including adult homes and 30 enriched housing providers. Such report shall examine the specific qual- 31 ity measures recommended and a process for information collection. 32 8. (a) Assisted living residences, as defined in subdivision one of 33 section forty-six hundred fifty-one of this article, including those 34 licensed and certified as an assisted living residence, special needs 35 assisted living residence, or enhanced assisted living residence, may 36 seek accreditation by agencies determined by the commissioner. 37 (b) Such accreditation agencies shall report data and information, in 38 a manner and form as determined by the department, pertaining to those 39 assisted living residences accredited by such agencies, and those 40 assisted living residences which obtain but lose such accreditation. 41 § 2. This act shall take effect on the thirtieth day after it shall 42 have become a law.
