Bill Text: NY A07713 | 2011-2012 | General Assembly | Introduced
Bill Title: Exempts the Rudolf Steiner Fellowship Foundation, Inc. from the requirement to acquire an enhanced assisted living certificate if retaining residents requiring continual medical or nursing care.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-06-07 - substituted by s4875b [A07713 Detail]
Download: New_York-2011-A07713-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7713
2011-2012 Regular Sessions
I N A S S E M B L Y
May 16, 2011
___________
Introduced by M. of A. JAFFEE, GOTTFRIED -- read once and referred to
the Committee on Health
AN ACT to amend chapter 155 of the laws of 1986, exempting from a
certain requirement of the social services law the Rudolf Steiner
Fellowship Foundation, Inc. relating to its provision of continuity of
care and services in an adult care facility, in relation to exempting
such foundation from the requirement to obtain an enhanced assisted
living certificate
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2 of chapter 155 of the laws of 1986, exempting
2 from a certain requirement of the social services law the Rudolf Steiner
3 Fellowship Foundation, Inc. relating to its provision of continuity of
4 care and services in an adult care facility, subdivision 1 as amended by
5 chapter 527 of the laws of 1996, is amended to read as follows:
6 S 2. Resident care and services. 1. The Rudolf Steiner Fellowship
7 Foundation, Inc., hereafter referred to IN THIS ACT as the fellowship
8 community, is hereby exempt from the following: paragraph c of subdivi-
9 sion two of section four hundred sixty-one-a, subdivision six of section
10 four hundred sixty-one-c, subdivision four of section four hundred
11 sixty-one-d, section four hundred sixty-one-g, section four hundred
12 sixty-one-h, section four hundred sixty-one-k, and section four hundred
13 sixty-one-m of the social services law. The exemption from subdivision
14 six of section four hundred sixty-one-c, regarding the retention of
15 persons in need of continual medical or nursing care which would make
16 them eligible for a skilled nursing facility, will apply providing such
17 persons are in need of neither acute care which would require placement
18 in a hospital, nor supervision which would require placement in facili-
19 ties licensed or operated pursuant to articles nineteen, [twenty-three,]
20 twenty-nine and thirty-one of the mental hygiene law and providing that
21 the number of persons retained under this exemption shall not equal or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11102-03-1
A. 7713 2
1 exceed the minimum number for nursing facilities. THE FELLOWSHIP COMMU-
2 NITY IS HEREBY EXEMPT FROM SECTION FORTY-SIX HUNDRED FIFTY-FOUR OF ARTI-
3 CLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, IN RELATION TO THE REQUIREMENT
4 TO APPLY FOR ENHANCED ASSISTED LIVING CERTIFICATION IF RETAINING PERSONS
5 IN NEED OF CONTINUAL MEDICAL OR NURSING CARE.
6 The fellowship community shall adhere to those department of [social
7 services] HEALTH rules and regulations relating to the operation of an
8 adult care facility which directly affect the health and safety of resi-
9 dents and all additional regulations which the department of [social
10 services] HEALTH may deem necessary.
11 2. The fellowship community shall contract with the New York Statewide
12 Professional Standards Review Council, Inc., or other professional
13 review organization designated or approved pursuant to federal statute
14 AND DESIGNATED BY THE DEPARTMENT OF HEALTH FOR PURPOSES OF THIS ACT, to
15 evaluate, once every six months, the quality of care and services being
16 provided to those residents designated by the department of [social
17 services] HEALTH as requiring said evaluation. The New York Statewide
18 Professional Standards Review Council, Inc., or other approved review
19 organization shall furnish the department of [social services] HEALTH
20 and the fellowship community with a report within fourteen days of an
21 evaluation which specifies the quality of care and services being
22 provided to the designated residents and shall set forth directions as
23 to the manner and time in which deficiencies shall be corrected.
24 3. The fellowship community shall institute changes in care and
25 services pursuant to the directions of the New York Statewide Profes-
26 sional Standards Review Council Inc., or other approved review organiza-
27 tion. If changes are not undertaken in the manner and time periods spec-
28 ified in such reports and to the satisfaction of the professional review
29 organization, then the designated residents shall be transferred to an
30 appropriate facility as soon as possible. If the New York Statewide
31 Professional Standards Review Council, Inc., or other approved review
32 organization determines that the appropriateness and/or quality of care
33 and services provided to a resident or residents is unsatisfactory, then
34 the resident or residents shall be transferred to an appropriate facili-
35 ty.
36 If the fellowship community fails to institute changes or to transfer
37 residents within the specified time periods the department of [social
38 services] HEALTH may suspend the exemption allowed in subdivision one of
39 section two of this act, or may impose any enforcement action authorized
40 by section four hundred sixty-d of the social services law.
41 S 2. This act shall take effect immediately.
