Bill Text: NY A09801 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to enhancing the quality of adult living program for adult care facilities(EQUAL); limits use of certain funds; requires residents' input; prohibits use for daily operating expenses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2012-06-20 - REFERRED TO RULES [A09801 Detail]

Download: New_York-2011-A09801-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9801
                                 I N  A S S E M B L Y
                                    April 10, 2012
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health
       AN ACT to amend the social services law, in relation  to  enhancing  the
         quality of adult living program for adult care facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 461-s of the  social  services  law,  as  added  by
    2  section  21  of  part D of chapter 56 of the laws of 2012, is amended to
    3  read as follows:
    4    S 461-s. Enhancing the quality of adult living program for adult  care
    5  facilities.  1.  The commissioner of health shall establish the enhanced
    6  quality of adult living program (referred to  in  this  section  as  the
    7  "EQUAL program" or the "program") for adult care facilities. The program
    8  shall be targeted at improving the quality of life for adult care facil-
    9  ity  residents  by means of grants to facilities for specified purposes.
   10  The department of health, subject to the approval of the director of the
   11  budget, shall develop an allocation methodology taking into account  the
   12  financial status and size of the facility as well as resident needs.
   13    2.  (A) No payment shall be made under the program to a facility that,
   14  IN THE PRECEDING YEAR:
   15    (I) has received official written notice  from  the  department  of  a
   16  proposed  revocation, suspension, limitation or denial of the operator's
   17  operating certificate[.];
   18    (II) HAS RECEIVED ISSUANCE OF A DEPARTMENT ORDER UNDER SUBDIVISION TWO
   19  OF SECTION FOUR HUNDRED SIXTY-D OF THIS ARTICLE; A  PROPOSED  ASSESSMENT
   20  OF  CIVIL PENALTIES FOR A VIOLATION OF SUBPARAGRAPH TWO OF PARAGRAPH (B)
   21  OF SUBDIVISION SEVEN OF SECTION FOUR HUNDRED SIXTY-D  OF  THIS  ARTICLE;
   22  THE  GRANTING OF EQUITABLE RELIEF UNDER SUBDIVISION FIVE OF SECTION FOUR
   23  HUNDRED SIXTY-D OF THIS ARTICLE; OR THE  ISSUANCE  OF  A  COMMISSIONER'S
   24  ORDER  UNDER  SUBDIVISION  EIGHT OF SECTION FOUR HUNDRED SIXTY-D OF THIS
   25  ARTICLE;
   26    (III) IS SUBJECT TO AN ORDER BY A COURT OF COMPETENT  JURISDICTION  OR
   27  AN  APPROVED SETTLEMENT AGREEMENT WHICH AFFIRMS THAT THE RIGHTS AFFORDED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15276-01-2
       A. 9801                             2
    1  TO RESIDENTS OF ADULT CARE FACILITIES AS PROVIDED FOR  BY  SECTION  FOUR
    2  HUNDRED SIXTY-ONE-D OF THIS ARTICLE HAVE BEEN VIOLATED; OR
    3    (IV) HAS FAILED TO COMPLY WITH SUBDIVISION FIVE OF THIS SECTION.
    4    (B)  WHEN  PAYMENT  IS  DENIED  UNDER THIS SUBDIVISION, THE DEPARTMENT
    5  SHALL DETERMINE THE MEANS WHEREBY PAYMENT SHALL BE MADE TO THE RESIDENTS
    6  LIVING IN THE FACILITY IN ENFORCEMENT,  PROVIDED  THAT  THE  FUNDS  WILL
    7  SUPPORT EXPENSES THAT DIRECTLY BENEFIT THE RESIDENTS.
    8    3. Prior to applying for EQUAL program funds, a facility shall receive
    9  approval  of  its  expenditure  plan from the residents' council for the
   10  facility.  THE RESIDENTS' COUNCIL SHALL IDENTIFY THE PRIORITIES  OF  THE
   11  MAJORITY  OF  RESIDENTS  FOR  THE  USE OF THE PROGRAM FUNDS AND DOCUMENT
   12  RESIDENTS' TOP PREFERENCES BY MEANS OF A VOTE OR SURVEY. THE PLAN  SHALL
   13  DETAIL  HOW  PROGRAM FUNDS WILL BE USED TO IMPROVE THE PHYSICAL ENVIRON-
   14  MENT OF THE FACILITY OR THE QUALITY OF CARE  AND  SERVICES  RENDERED  TO
   15  RESIDENTS  AND  MAY  INCLUDE, BUT NOT BE LIMITED TO, STAFF TRAINING, AIR
   16  CONDITIONING IN RESIDENTS' AREAS, CLOTHING, IMPROVEMENTS IN FOOD  QUALI-
   17  TY,  FURNISHINGS, EQUIPMENT, SECURITY, AND MAINTENANCE OR REPAIRS TO THE
   18  FACILITY. THE DEPARTMENT SHALL INVESTIGATE REPORTS OF RESIDENT ABUSE AND
   19  RETALIATION RELATED TO PROGRAM APPLICATIONS AND EXPENDITURES.
   20    4. EQUAL PROGRAM FUNDS SHALL NOT BE EXPENDED FOR  A  FACILITY'S  DAILY
   21  OPERATING   EXPENSES,  INCLUDING  EMPLOYEE  SALARIES  OR  BENEFITS,  FOR
   22  EXPENSES  INCURRED  RETROSPECTIVELY,  OR  FOR  EXPENDITURES  RELATED  TO
   23  CORRECTIVE  ACTION  AS  REQUIRED  BY AN INSPECTION REPORT OR AUDIT UNDER
   24  SUBDIVISION FIVE OF THIS SECTION.
   25    5. THE DEPARTMENT OF HEALTH SHALL CONDUCT  AN  ANNUAL  AUDIT  OF  EACH
   26  FACILITY  THAT  HAS  RECEIVED  PAYMENT UNDER THIS SECTION TO ENSURE THAT
   27  PROGRAM FUNDS WERE SPENT AS INDICATED IN THE EXPENDITURE PLAN UPON WHICH
   28  THE RESPECTIVE PAYMENT WAS MADE. AT THE COMPLETION  OF  THE  AUDIT,  THE
   29  FACILITY  SHALL  PREPARE  A CORRECTIVE ACTION PLAN TO ADDRESS OR DISPUTE
   30  EACH NEGATIVE AUDIT FINDING  INCLUDED  IN  THE  CURRENT  YEAR  AUDITOR'S
   31  REPORTS.  THE  CORRECTIVE  ACTION  PLAN  SHALL  PROVIDE THE NAMES OF THE
   32  CONTACT PERSONS RESPONSIBLE FOR CORRECTIVE ACTION, THE CORRECTIVE ACTION
   33  PLANNED, AND THE ANTICIPATED COMPLETION DATE.
   34    6. THE DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  TO  IMPLEMENT  THIS
   35  SECTION.
   36    S 2. This act shall take effect immediately.