Bill Text: NY A03959 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires prior approval of a municipality with respect to site selection for adult care facilities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-05-04 - held for consideration in health [A03959 Detail]

Download: New_York-2015-A03959-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3959--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2015
                                       ___________
        Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
          THIELE -- read once and referred to the Committee on Health --  recom-
          mitted  to the Committee on Health in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend the social services law, in relation to requiring the
          prior approval of a municipality with respect to  site  selection  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-b of the social  services  law  is  amended  by
     2  adding a new subdivision 11 to read as follows:
     3    11.  (a)  For  the  purposes  of this subdivision, the following defi-
     4  nitions shall apply:
     5    (i) "Adult care facility" means an  adult  care  facility  as  defined
     6  under subdivision twenty-one of section two of this chapter.
     7    (ii)  "Sponsoring  agency"  means  an  agency or unit of government, a
     8  voluntary agency or any other person or organization  which  intends  to
     9  establish or operate an adult care facility.
    10    (iii) "Municipality" means an incorporated village if a facility is to
    11  be  located therein, a town if the facility is to be located therein and
    12  not simultaneously within an incorporated village,  or  a  city,  except
    13  that in the city of New York, the community board with jurisdiction over
    14  the  area  in which such a facility is to be located shall be considered
    15  the municipality.
    16    (iv) "Commissioner" means  the  commissioner  of  the  office  of  the
    17  department responsible for issuance of license and operating certificate
    18  to the proposed adult care facility.
    19    (b) If a sponsoring agency intends to establish an adult care facility
    20  within a municipality but does not have a specific site selected, it may
    21  notify the chief executive officer of the municipality in writing of its
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05732-02-6