Bill Text: NY A07309 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-30 - print number 7309b [A07309 Detail]
Download: New_York-2011-A07309-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7309 2011-2012 Regular Sessions I N A S S E M B L Y April 29, 2011 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Aging AN ACT to amend the public health law, in relation to establishing the independent senior housing resident freedom of choice act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be referred to 2 as the "independent senior housing resident freedom of choice act". 3 S 2. Legislative intent. The legislature hereby finds and declares 4 that the complexity of state statutes and regulations governing the 5 operation and services provided in congregate settings has caused or 6 contributed to a lack of clarity in, and thus caused confusion and 7 interference with the rights and opportunities of senior citizens and 8 persons with disabilities residing in independent housing to choose and 9 access services from the community, services that would otherwise be 10 available to such individuals if residing in their own private homes. 11 Such community-based services help seniors, in private homes and inde- 12 pendent housing alike, to "age in place" and remain living in the less 13 restrictive, more integrated setting that independent housing also 14 represents, consistent with the Olmstead decision of the United States 15 Supreme Court. Ensuring access to such services is also in furtherance 16 of the state policy of promoting access to community living and communi- 17 ty-based services to maintain the health and quality of life of senior 18 citizens and the disabled as well as to prevent avoidable and costly 19 admission to medical and other institutional-type facilities. 20 Therefore, the legislature enacts this act in order to advance the 21 opportunities for seniors and persons with disabilities to choose, live 22 and access services in independent housing. 23 S 3. Paragraph (j) of subdivision 1 of section 4651 of the public 24 health law, as added by chapter 2 of the laws of 2004, is amended to 25 read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10539-01-1 A. 7309 2 1 (j) independent senior housing, shelters or residences for adults. For 2 purposes of this article and for purposes of determining certification 3 pursuant to article seven of the social services law, the department 4 shall by regulation, define independent senior housing, provided such 5 definition shall be based on whether the operator does not provide, 6 arrange for, or coordinate personal care services or home care services 7 on behalf of residents; and the [facility] OPERATOR does not provide 8 case management services in a congregate care setting for residents. 9 Nothing in this chapter shall preclude [a resident of]: (I) ANY inde- 10 pendent senior housing RESIDENT OR ANY NUMBER OF SUCH RESIDENTS from 11 personally and directly obtaining [private] personal care or home care 12 services from [a] ANY licensed [or certified] home care SERVICES agency, 13 CERTIFIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, 14 PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY OR OTHER MANAGED LONG 15 TERM CARE PROGRAM; 16 (II) AN AGENCY OR PROGRAM LICENSED OR APPROVED UNDER ARTICLE 17 THIRTY-SIX OR SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER FROM 18 OFFERING, ARRANGING FOR OR PROVIDING SERVICES TO THE RESIDENTS OF SUCH 19 HOUSING AS SUCH AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR OR 20 PROVIDE TO ANY OTHER PERSON OR PERSONS RESIDING IN THEIR OWN HOME OR 21 APARTMENT OR IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN 22 THE COMMUNITY; 23 (III) ANY INDEPENDENT SENIOR HOUSING RESIDENT OR ANY NUMBER OF SUCH 24 RESIDENTS FROM PERSONALLY AND DIRECTLY CHOOSING AND OBTAINING SERVICES 25 FROM AN APPROPRIATELY LICENSED OR APPROVED AGENCY OR PROGRAM OFFERING 26 PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING, 27 PERSONALLY AND DIRECTLY, TECHNOLOGIES THAT ASSIST IN MAINTAINING INDE- 28 PENDENCE; OR 29 (IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD, 30 LAUNDRY, HOUSEKEEPING, INFORMATION AND REFERRAL, SECURITY, TRANSPORTA- 31 TION OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING ISSUES; 32 PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE 33 IN THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONNECTING WITH 34 SUCH SERVICES AND ACTIVITIES; PROVIDING ACCESS TO SUCH SERVICES AND 35 ACTIVITIES; AND CONTACTING APPROPRIATE RESPONDERS IN AN EMERGENCY OR 36 OTHER SITUATION INVOLVING ANY TENANTS THAT APPEARS TO WARRANT IMMEDIATE 37 ATTENTION, ASSISTANCE OR INTERVENTION. 38 S 4. This act shall take effect immediately.