Bill Text: NY A06885 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to rules and regulations pertaining to the operation of social adult day care programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to aging [A06885 Detail]

Download: New_York-2019-A06885-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6885
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 25, 2019
                                       ___________
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Aging
        AN ACT to amend the elder law, in  relation  to  rules  and  regulations
          pertaining to the operation of social adult day care programs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
     2  section 215 of the elder law is amended to read as follows:
     3    The  director is authorized and directed to promulgate rules and regu-
     4  lations, establishing standards and  requirements  with  regard  to  the
     5  operation  of  all  social  adult  day  care programs [receiving funding
     6  pursuant to this article], regardless of the source of funding  utilized
     7  by  such  programs, whether public or private.  For a program subject to
     8  oversight by the office pursuant to this section  and  any  other  state
     9  agency,  where there is duplication in the rules and regulations promul-
    10  gated by such agencies, the rules and regulations  of  the  other  state
    11  agency  shall  take precedence. The director shall establish a method by
    12  which a program affected by such duplication of  rules  and  regulations
    13  shall notify the office of such duplication. The director may also enter
    14  into  agreements  as  needed  or  desired  to delegate responsibility to
    15  inspect programs regulated under this section to local area agencies  on
    16  aging or to the state department of health, though this delegation shall
    17  not  affect  the  department  of  health's current authority to regulate
    18  managed long term care plan networks and contracts. Such  standards  and
    19  requirements shall include, but not be limited to:
    20    §  2. Subdivision 5 of section 215 of the elder law is amended to read
    21  as follows:
    22    5. Report of director. The director, after consultation  with  his  or
    23  her  advisory committee, affected state agencies, any affected municipal
    24  agencies and  persons  involved  in  providing  social  adult  day  care
    25  services,  shall  make a report, on or before December thirty-first, two
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10818-01-9
        A. 6885                             2
     1  thousand [five] twenty, to the governor, the temporary president of  the
     2  senate,  the  speaker  of the assembly, the chair of the senate standing
     3  committee on aging and the chair of the assembly standing  committee  on
     4  aging on the projected costs and benefits of establishing uniform stand-
     5  ards  and requirements with regard to operation of social adult day care
     6  services in the state. The report shall include the director's findings,
     7  recommendations and estimate of the fiscal  implications  of  regulating
     8  social adult day care services in the state.
     9    §  3.  Paragraphs  (b)  and (e) of subdivision 1 of section 215 of the
    10  elder law are amended to read as follows:
    11    (b) "Social adult day services" shall mean a program providing a vari-
    12  ety of long term care services to a  group  of  individuals,  possessing
    13  functional  impairments,  whether  due  to physical or cognitive impair-
    14  ments, in a congregate setting and pursuant to an individualized plan of
    15  care. A person or program shall be prohibited  from  holding  themselves
    16  out as providing social adult day services unless they meet the require-
    17  ments of this paragraph.
    18    (e)  "Social  adult day care" shall mean a program providing a variety
    19  of comprehensive services to functionally impaired  elderly  persons  as
    20  defined  in regulations established by the director. A person or program
    21  shall be prohibited from holding  themselves  out  as  providing  social
    22  adult day care unless they meet the requirements of this paragraph.
    23    § 4. This act shall take effect immediately.