Bill Text: NY A07798 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to the commission on accreditation of rehabilitation facilities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to health [A07798 Detail]

Download: New_York-2013-A07798-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7798
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 4, 2013
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to the commission  on
         accreditation of rehabilitation facilities
         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 section 4653 of the public  health
    2  law,  as  added  by chapter 2 of the laws of 2004, is amended to read as
    3  follows:
    4    In order to operate as assisted living, an operator shall be  licensed
    5  as  an  adult home or enriched housing program and apply and be approved
    6  for licensure with the commissioner  pursuant  to  this  article.    THE
    7  COMMISSIONER   SHALL  ACCEPT  A  CURRENT  ACCREDITATION  REPORT  FROM  A
    8  NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS  THE  COMMISSION
    9  ON  ACCREDITATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF INITIAL
   10  LICENSURE APPROVAL AS AN ASSISTED LIVING  RESIDENCE,  ENHANCED  ASSISTED
   11  LIVING  RESIDENCE, AND/OR A SPECIAL NEEDS ASSISTED LIVING RESIDENCE. FOR
   12  OPERATORS NOT LICENSED AS AN ADULT HOME OR ENRICHED HOUSING PROGRAM, THE
   13  ACCREDITATION REPORT SHALL BE ACCEPTED IN LIEU OF INITIAL  LICENSURE  AS
   14  AN  ADULT  HOME OR ENRICHED HOUSING PROGRAM SIMULTANEOUSLY WITH ASSISTED
   15  LIVING RESIDENCE, ENHANCED ASSISTED  LIVING  RESIDENCE,  AND/OR  SPECIAL
   16  NEEDS  ASSISTED  LIVING  RESIDENCE  LICENSURE.    FOR  OPERATORS ALREADY
   17  LICENSED AS ADULT HOMES AND/OR ENRICHED HOUSING PROGRAMS BY THE  DEPART-
   18  MENT,  THE COMMISSIONER SHALL ACCEPT A CURRENT ACCREDITATION REPORT FROM
   19  A NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION
   20  ON ACCREDITATION OF REHABILITATION FACILITIES (CARF) IN LIEU  OF  LICEN-
   21  SURE  AS AN ASSISTED LIVING RESIDENCE, AN ENHANCED ASSISTED LIVING RESI-
   22  DENCE, AND/OR SPECIAL NEEDS  ASSISTED  LIVING  RESIDENCE.  The  operator
   23  shall  provide,  SUCH AN ACCREDITATION REPORT, OR PROVIDE on an applica-
   24  tion form developed by the commissioner, the  following  information  to
   25  the commissioner in order to be licensed:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11112-01-3
       A. 7798                             2
    1    S  2.  Paragraph  (a)  of  subdivision 1 of section 4655 of the public
    2  health law, as added by chapter 2 of the laws of  2004,  is  amended  to
    3  read as follows:
    4    (a) Such application shall be on a form approved by the department; OR
    5  THE OPERATOR MAY SUBMIT A CURRENT ACCREDITATION REPORT FORM A NATIONALLY
    6  RECOGNIZED  ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION ON ACCREDI-
    7  TATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF SUCH APPLICATION.
    8    S 3. The opening paragraph of subdivision 3 of  section  4656  of  the
    9  public health law, as added by chapter 2 of the laws of 2004, is amended
   10  and a new subdivision 9 is added to read as follows:
   11    Approval  for  licensure or certification pursuant to this article may
   12  be granted only to an applicant  who  SUBMITS  A  CURRENT  ACCREDITATION
   13  REPORT  FROM  A  NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS
   14  THE COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES  (CARF)  OR
   15  WHO satisfactorily demonstrates:
   16    9.  THE  DEPARTMENT SHALL ACCEPT A CURRENT ACCREDITATION REPORT FROM A
   17  NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION KNOWN AS  THE  COMMISSION
   18  ON  ACCREDITATION  OF  REHABILITATION  FACILITIES  (CARF) IN LIEU OF THE
   19  ANNUAL SURVEY REQUIRED BY PARAGRAPH (A) OF SUBDIVISION  TWO  OF  SECTION
   20  FOUR HUNDRED SIXTY-ONE-A OF THE SOCIAL SERVICES LAW.
   21    S  4. Subdivision 1 of section 4662 of the public health law, as added
   22  by chapter 2 of the laws of 2004, is amended to read as follows:
   23    1. The commissioner is hereby authorized to:
   24    (a) ACCEPT A CURRENT ACCREDITATION REPORT FROM A NATIONALLY RECOGNIZED
   25  ACCREDITING ORGANIZATION KNOWN AS THE  COMMISSION  ON  ACCREDITATION  OF
   26  REHABILITATION  FACILITIES  (CARF) IN LIEU OF INITIAL LICENSURE APPROVAL
   27  AS AN ASSISTED LIVING RESIDENCE,  ENHANCED  ASSISTED  LIVING  RESIDENCE,
   28  AND/OR  A  SPECIAL  NEEDS  ASSISTED  LIVING RESIDENCE. FOR OPERATORS NOT
   29  LICENSED AS AN ADULT HOME OR ENRICHED HOUSING PROGRAM, THE ACCREDITATION
   30  REPORT SHALL BE ACCEPTED IN LIEU OF INITIAL LICENSURE AS AN  ADULT  HOME
   31  OR  ENRICHED  HOUSING  PROGRAM SIMULTANEOUSLY WITH ASSISTED LIVING RESI-
   32  DENCE, ENHANCED ASSISTED LIVING RESIDENCE, AND/OR SPECIAL NEEDS ASSISTED
   33  LIVING RESIDENCE LICENSURE. FOR  OPERATORS  ALREADY  LICENSED  AS  ADULT
   34  HOMES  AND/OR  ENRICHED  HOUSING PROGRAMS BY THE DEPARTMENT, THE COMMIS-
   35  SIONER SHALL ACCEPT A CURRENT ACCREDITATION  REPORT  FROM  A  NATIONALLY
   36  RECOGNIZED  ACCREDITING ORGANIZATION KNOWN AS THE COMMISSION ON ACCREDI-
   37  TATION OF REHABILITATION FACILITIES (CARF) IN LIEU OF  LICENSURE  AS  AN
   38  ASSISTED LIVING RESIDENCE, AN ENHANCED ASSISTED LIVING RESIDENCE, AND/OR
   39  SPECIAL NEEDS ASSISTED LIVING RESIDENCE BY THE DEPARTMENT;
   40    (B) develop, in consultation with the director of the state office for
   41  the  aging,  consumers, operators of assisted living residences and home
   42  care service agency providers, a consumer information  guide  to  inform
   43  and  assist  the  consumer  in the selection of an assisted living resi-
   44  dence;
   45    [(b)] (C) promulgate, in consultation with the director of  the  state
   46  office  for  the  aging,  such rules and regulations as are necessary to
   47  implement the provisions of this article;
   48    [(c)] (D) receive and investigate complaints regarding the  condition,
   49  operation  and quality of care of any entities holding themselves out as
   50  assisted living, or advertising themselves by a similar term;
   51    [(d)]  (E)  make  necessary  investigations  to  procure   information
   52  required to implement the provisions of this article; and
   53    [(e)]  (F) exercise all other powers and functions as are necessary to
   54  implement the provisions of this article.
   55    S 5. This act shall take effect immediately.