S T A T E O F N E W Y O R K
________________________________________________________________________
7368--A
2011-2012 Regular Sessions
I N A S S E M B L Y
May 3, 2011
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Aging -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to continuing care
retirement communities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2-b of section 4601 of the public health law,
2 as added by chapter 659 of the laws of 1997, paragraph a as amended by
3 chapter 401 of the laws of 2003, is amended to read as follows:
4 2-b. "Continuing care retirement community" or "community" shall mean
5 a facility or facilities established to provide a comprehensive, cohe-
6 sive living arrangement for the elderly, oriented to the enhancement of
7 the quality of life and which, pursuant to the terms of the continuing
8 care contract, at a minimum:
9 a. provides independent living units, and provides a meal plan. The
10 independent living unit can be made available either through a non-equi-
11 ty arrangement or through an equity arrangement including, but not
12 limited to a cooperative or condominium. For purposes of this article,
13 the purchase price of an independent living unit in an equity arrange-
14 ment, regardless of the form of the purchase agreement, shall not be
15 considered an entry fee for purposes of calculating reserve liabilities,
16 but shall be considered an entry fee for escrow purposes;
17 b. provides a range of health care and social services, subject to
18 such terms as may be included within the contract, which shall include
19 [home health care, nursing care] ADULT CARE FACILITY SERVICES OF AN
20 ON-SITE OR AFFILIATED ADULT CARE FACILITY, and at a minimum, sixty days
21 of prepaid services of an on-site or affiliated nursing facility FOR
22 RESIDENTS NOT RECEIVING SERVICES UNDER A FEE-FOR-SERVICE CONTRACT;
23 c. provides access to health services as defined in the contract,
24 prescription drugs, and rehabilitation services; [and]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10823-02-1
A. 7368--A 2
1 d. nothing in this article shall eliminate the obligation of a contin-
2 uing care retirement community to provide at least sixty days of prepaid
3 nursing facility services to all residents, WITH THE EXCEPTION OF RESI-
4 DENTS RECEIVING SERVICES UNDER THE TERMS OF A FEE-FOR-SERVICE CONTINUING
5 CARE CONTRACT AS DEFINED IN THIS SECTION. The prepaid days must include
6 the first sixty days of nursing facility services, whether or not
7 consecutive, not covered by Title XVIII of the federal social security
8 act[.]; AND
9 E. COMMUNITIES ESTABLISHED UNDER THIS ARTICLE AND OFFERING
10 FEE-FOR-SERVICE CONTINUING CARE CONTRACTS MUST OFFER, ALONG WITH SUCH
11 FEE-FOR-SERVICE CONTINUING CARE CONTRACTS, LIFE CARE AND/OR CONTINUING
12 CARE CONTRACTS AS DEFINED IN SUBDIVISION EIGHT-A OF THIS SECTION.
13 S 2. Section 4601 of the public health law is amended by adding a new
14 subdivision 8-a to read as follows:
15 8-A. "FEE-FOR-SERVICE CONTINUING CARE CONTRACT" SHALL MEAN A SINGLE
16 CONTINUING CARE RETIREMENT CONTRACT THAT PROVIDES LONG-TERM AND OTHER
17 SERVICES ON A PER DIEM, FEE-FOR-SERVICE OR MONTHLY RATE.
18 S 3. This act shall take effect immediately.