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.