Bill Text: NY A00878 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 878 (Prior Session Legislation)

Introduced

Bill Title: Relates to approval of applications for establishment of adult care facilities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A00878 Detail]

Download: New_York-2011-A00878-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          878
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
         the Committee on Health
       AN ACT to amend the social services law and the public  health  law,  in
         relation  to  approval of applications for establishment of adult care
         facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Section  461-b of the social services law is amended by
    2  adding a new subdivision 9 to read as follows:
    3    9. AN INDIVIDUAL OR ENTITY WHICH IS NOT THE APPROVED  OPERATOR  OF  AN
    4  ADULT  HOME,  ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS SHALL NOT
    5  PARTICIPATE IN THE TOTAL GROSS INCOME OR NET REVENUE OF SUCH FACILITY.
    6    S 2. Section 461-b of the social services law is amended by  adding  a
    7  new subdivision 10 to read as follows:
    8    10. ANY FEE FOR THE LEASE OF THE REAL PROPERTY ON WHICH AN ADULT HOME,
    9  ENRICHED  HOUSING  PROGRAM OR RESIDENCE FOR ADULTS IS LOCATED AND/OR FOR
   10  THE LEASE OF THE PREMISES OCCUPIED BY SUCH A FACILITY, PROGRAM OR  RESI-
   11  DENCE  SHALL  BE NO GREATER THAN THE COMMERCIALLY REASONABLE FAIR MARKET
   12  VALUE FOR SIMILAR PROPERTIES OR PREMISES IN  THE  GEOGRAPHIC  REGION  IN
   13  WHICH SUCH A FACILITY, PROGRAM OR RESIDENCE IS LOCATED.
   14    S  3. Subdivision 5 of section 4655 of the public health law, as added
   15  by chapter 2 of the laws of 2004, is amended to read as follows:
   16    5. In addition to the requirements otherwise required for licensure as
   17  assisted living, any [residence] ADULT  CARE  FACILITY  SUBJECT  TO  THE
   18  INSPECTION  AND SUPERVISION OF THE DEPARTMENT that advertises or markets
   19  itself as serving individuals with special  needs,  including,  but  not
   20  limited  to,  individuals  with  dementia or cognitive impairments, must
   21  submit a special needs plan to the  department  setting  forth  how  the
   22  special  needs of such residents will be safely and appropriately met at
   23  such [residence] FACILITY.  Such plan shall include,  but  need  not  be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02653-01-1
       A. 878                              2
    1  limited  to,  a  written  description  of specialized services, staffing
    2  levels, staff education  and  training,  work  experience,  professional
    3  affiliations or special characteristics relevant to serving persons with
    4  special  needs,  and any environmental modifications that have been made
    5  or will be made to protect  the  health,  safety  and  welfare  of  such
    6  persons  in  the [residence] FACILITY.   In approving an application for
    7  special needs certification, the department shall develop  standards  to
    8  ensure  adequate staffing and training in order to safely meet the needs
    9  of the resident. The standards shall be based  upon  recommendations  of
   10  the  task  force established by section five of [the] chapter TWO of the
   11  laws of two thousand four [which added  this  section].  No  [residence]
   12  ADULT  CARE  FACILITY  SUBJECT  TO THE INSPECTION AND SUPERVISION OF THE
   13  DEPARTMENT shall market [themselves]  ITSELF  as  providing  specialized
   14  services unless and until the department has approved such applicant for
   15  a special needs assisted living certificate.
   16    S  4.  This  act  shall take effect on the sixtieth day after it shall
   17  have become a law; provided, however, that the  commissioner  of  health
   18  may  adopt,  amend,  suspend  or  repeal  any  regulations or take other
   19  actions necessary to enforce or implement this act prior to and in prep-
   20  aration for the taking effect  of  this  act;  provided,  however,  such
   21  adoption,  amendment, suspension or repeal of regulations shall not have
   22  legal effect until this act takes effect.