Bill Text: NY A02212 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to enhancing the quality of adult living program for adult care facilities (EQUAL); limits use of certain funds; requires residents' input; prohibits use for daily operating expenses.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-12 - enacting clause stricken [A02212 Detail]

Download: New_York-2015-A02212-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2212
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M. of A. GOTTFRIED, PAULIN, ROSENTHAL -- Multi-Sponsored
         by -- M. of A. CLARK -- read once and referred  to  the  Committee  on
         Health
       AN  ACT  to  amend the social services law, in relation to enhancing the
         quality of adult living program for 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-s  of  the  social services law, as added by
    2  section 21 of part D of chapter 56 of the laws of 2012,  is  amended  to
    3  read as follows:
    4    S  461-s. Enhancing the quality of adult living program for adult care
    5  facilities. 1. The commissioner of health shall establish  the  enhanced
    6  quality  of  adult  living  program  (referred to in this section as the
    7  "EQUAL program" or the "program") for adult care facilities. The program
    8  shall be targeted at improving the quality of life for adult care facil-
    9  ity residents by means of grants to facilities for  specified  purposes.
   10  The department of health, subject to the approval of the director of the
   11  budget,  shall develop an allocation methodology taking into account the
   12  financial status and size of the facility as well as resident needs.
   13    2. (A) No payment shall be made under the program to a facility  that,
   14  IN THE PRECEDING YEAR:
   15    (I)  has  received  official  written  notice from the department of a
   16  proposed revocation, suspension, limitation or denial of the  operator's
   17  operating certificate[.];
   18    (II) HAS RECEIVED ISSUANCE OF A DEPARTMENT ORDER UNDER SUBDIVISION TWO
   19  OF  SECTION  FOUR HUNDRED SIXTY-D OF THIS ARTICLE; A PROPOSED ASSESSMENT
   20  OF CIVIL PENALTIES FOR A VIOLATION OF SUBPARAGRAPH TWO OF PARAGRAPH  (B)
   21  OF  SUBDIVISION  SEVEN  OF SECTION FOUR HUNDRED SIXTY-D OF THIS ARTICLE;
   22  THE GRANTING OF EQUITABLE RELIEF UNDER SUBDIVISION FIVE OF SECTION  FOUR
   23  HUNDRED  SIXTY-D  OF  THIS  ARTICLE; OR THE ISSUANCE OF A COMMISSIONER'S
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02692-01-5
       A. 2212                             2
    1  ORDER UNDER SUBDIVISION EIGHT OF SECTION FOUR HUNDRED  SIXTY-D  OF  THIS
    2  ARTICLE;
    3    (III)  IS  SUBJECT TO AN ORDER BY A COURT OF COMPETENT JURISDICTION OR
    4  AN APPROVED SETTLEMENT AGREEMENT WHICH AFFIRMS THAT THE RIGHTS  AFFORDED
    5  TO  RESIDENTS  OF  ADULT CARE FACILITIES AS PROVIDED FOR BY SECTION FOUR
    6  HUNDRED SIXTY-ONE-D OF THIS ARTICLE HAVE BEEN VIOLATED; OR
    7    (IV) HAS FAILED TO COMPLY WITH SUBDIVISION FIVE OF THIS SECTION.
    8    (B) WHEN PAYMENT IS DENIED  UNDER  THIS  SUBDIVISION,  THE  DEPARTMENT
    9  SHALL DETERMINE THE MEANS WHEREBY PAYMENT SHALL BE MADE TO THE RESIDENTS
   10  LIVING  IN  THE  FACILITY  IN  ENFORCEMENT, PROVIDED THAT THE FUNDS WILL
   11  SUPPORT EXPENSES THAT DIRECTLY BENEFIT THE RESIDENTS.
   12    3. Prior to applying for EQUAL program funds, a facility shall receive
   13  approval of its expenditure plan from the  residents'  council  for  the
   14  facility.    THE RESIDENTS' COUNCIL SHALL IDENTIFY THE PRIORITIES OF THE
   15  MAJORITY OF RESIDENTS FOR THE USE OF  THE  PROGRAM  FUNDS  AND  DOCUMENT
   16  RESIDENTS'  TOP PREFERENCES BY MEANS OF A VOTE OR SURVEY. THE PLAN SHALL
   17  DETAIL HOW PROGRAM FUNDS WILL BE USED TO IMPROVE THE  PHYSICAL  ENVIRON-
   18  MENT  OF  THE  FACILITY  OR THE QUALITY OF CARE AND SERVICES RENDERED TO
   19  RESIDENTS AND MAY INCLUDE, BUT NOT BE LIMITED TO,  STAFF  TRAINING,  AIR
   20  CONDITIONING  IN RESIDENTS' AREAS, CLOTHING, IMPROVEMENTS IN FOOD QUALI-
   21  TY, FURNISHINGS, EQUIPMENT, SECURITY, AND MAINTENANCE OR REPAIRS TO  THE
   22  FACILITY. THE DEPARTMENT SHALL INVESTIGATE REPORTS OF RESIDENT ABUSE AND
   23  RETALIATION RELATED TO PROGRAM APPLICATIONS AND EXPENDITURES.
   24    4.  EQUAL  PROGRAM  FUNDS SHALL NOT BE EXPENDED FOR A FACILITY'S DAILY
   25  OPERATING  EXPENSES,  INCLUDING  EMPLOYEE  SALARIES  OR  BENEFITS,   FOR
   26  EXPENSES  INCURRED  RETROSPECTIVELY,  OR  FOR  EXPENDITURES  RELATED  TO
   27  CORRECTIVE ACTION AS REQUIRED BY AN INSPECTION  REPORT  OR  AUDIT  UNDER
   28  SUBDIVISION FIVE OF THIS SECTION.
   29    5.  THE  DEPARTMENT  OF  HEALTH  SHALL CONDUCT AN ANNUAL AUDIT OF EACH
   30  FACILITY THAT HAS RECEIVED PAYMENT UNDER THIS  SECTION  TO  ENSURE  THAT
   31  PROGRAM FUNDS WERE SPENT AS INDICATED IN THE EXPENDITURE PLAN UPON WHICH
   32  THE  RESPECTIVE  PAYMENT  WAS  MADE. AT THE COMPLETION OF THE AUDIT, THE
   33  FACILITY SHALL PREPARE A CORRECTIVE ACTION PLAN TO  ADDRESS  OR  DISPUTE
   34  EACH  NEGATIVE  AUDIT  FINDING  INCLUDED  IN  THE CURRENT YEAR AUDITOR'S
   35  REPORTS. THE CORRECTIVE ACTION PLAN  SHALL  PROVIDE  THE  NAMES  OF  THE
   36  CONTACT PERSONS RESPONSIBLE FOR CORRECTIVE ACTION, THE CORRECTIVE ACTION
   37  PLANNED, AND THE ANTICIPATED COMPLETION DATE.
   38    6.  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  TO IMPLEMENT THIS
   39  SECTION.
   40    S 2. This act shall take effect immediately.