Bill Text: NY A05790 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5790

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health

        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 her/his 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
    20  across  facilities.  Such  information  shall be posted in a conspicuous
    21  place on the facility's website and in a public space within the facili-
    22  ty and shall be made available to the public on forms developed  by  the
    23  department.  Beginning on October first, two thousand twenty-three, this
    24  information shall also be reported to the department.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10164-01-3
        A. 5790                             2

     1    (b) The department shall develop a system to score the results of  the
     2  assisted  living quality reporting obtained pursuant to paragraph (a) of
     3  this subdivision, in consultation with industry and  consumer  represen-
     4  tatives.  Facilities  scoring  in  the top quartile shall be granted the
     5  classification  of advanced standing on their annual surveillance sched-
     6  ules.
     7    (i) Notwithstanding subparagraph one of paragraph (a)  of  subdivision
     8  two  of  section  four  hundred  sixty-one-a of the social services law,
     9  facilities  achieving  an  advanced  standing  classification  shall  be
    10  surveyed  every  eighteen months. All other facilities shall be surveyed
    11  on an unannounced basis no less than annually; provided,  however,  that
    12  this  shall not apply to surveys, inspections or investigations based on
    13  complaints received by the department under any other provision of law.
    14    (ii)  Facilities  may  remain  on  advanced  standing   classification
    15  provided  they  meet the scoring requirements in assisted living quality
    16  reporting and until such  time  when  they  do  not  meet  such  scoring
    17  requirements.
    18    (c)  Effective  January  thirty-first,  two  thousand twenty-five, the
    19  department shall post on its website the results of the assisted  living
    20  quality  reporting,  collected pursuant to subparagraph (i) of paragraph
    21  (a) of this subdivision.
    22    (d) The commissioner shall promulgate regulations  to  effectuate  all
    23  the provisions in this subdivision.
    24    (e)  No  later  than February fifteenth, two thousand twenty-five, the
    25  department shall report to the legislature on the development of a qual-
    26  ity scoring system for adult care facilities, including adult homes  and
    27  enriched housing providers. Such report shall examine the specific qual-
    28  ity measures recommended and a process for information collection.
    29    8.  (a)  Assisted  living residences, as defined in subdivision one of
    30  section forty-six hundred fifty-one of  this  article,  including  those
    31  licensed  and  certified  as an assisted living residence, special needs
    32  assisted living residence, or enhanced assisted  living  residence,  may
    33  seek accreditation by agencies determined by the commissioner.
    34    (b)  Such accreditation agencies shall report data and information, in
    35  a manner and form as determined by the department, pertaining  to  those
    36  assisted  living  residences  accredited  by  such  agencies,  and those
    37  assisted living residences which obtain but lose such accreditation.
    38    (c) Assisted living residences which have obtained accreditation  from
    39  an  accreditation organization approved by the department and which meet
    40  eligibility criteria, as determined  by  the  department,  may,  at  the
    41  discretion  of  the  commissioner,  be exempt from department inspection
    42  required in this  subdivision  for  the  duration  they  maintain  their
    43  accreditation in good standing. The operator of an assisted living resi-
    44  dence  that  obtains  but  subsequently loses accreditation shall report
    45  such loss to the department within ten business days  in  a  manner  and
    46  form  determined by the department and will no longer be exempt from the
    47  department inspection required in this subdivision. The department shall
    48  post on its website a list of all accredited assisted living residences.
    49    § 2. This act shall take effect on the ninetieth day  after  it  shall
    50  have become a law.