Bill Text: NY A10304 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Makes permanent the authorization to assisted living programs in certain counties to increase the availability of assisted living beds.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-08-17 - signed chap.397 [A10304 Detail]

Download: New_York-2011-A10304-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10304
                                 I N  A S S E M B L Y
                                     May 22, 2012
                                      ___________
       Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
         tee on Social Services
       AN ACT to amend the social services law, in relation to assisted  living
         programs  in  certain  counties  which  are authorized to increase the
         availability of assisted living beds; and to amend chapter 545 of  the
         laws  of  2005,  amending  the  social  services  law  relating to the
         assisted living program, in relation to making permanent and eliminat-
         ing the expiration of the provisions thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (g)  of  subdivision 3 of section 461-l of the
    2  social services law, as amended by chapter 593 of the laws of  2005,  is
    3  amended to read as follows:
    4    (g)  Notwithstanding  any  other provision of law to the contrary, any
    5  assisted living program having less  than  seventy-five  authorized  bed
    6  slots,  located  in  a county with a population of more than one hundred
    7  ten thousand and less than one hundred fifty thousand persons BASED UPON
    8  THE DECENNIAL FEDERAL CENSUS FOR THE YEAR TWO THOUSAND, and which at any
    9  point in time is unable to accommodate  individuals  awaiting  placement
   10  into  the  assisted  living program, shall be authorized to increase the
   11  number of assisted living beds available for a specified period of  time
   12  as  part  of  a  demonstration  program  by  up to thirty percent of its
   13  approved bed level; provided, however, that such program shall otherwise
   14  satisfy all other assisted living program requirements as set  forth  in
   15  this section. In addition, any program which receives such authorization
   16  and  which  at  any  point  on or after July first, two thousand five is
   17  unable to accommodate individuals awaiting placement into  the  assisted
   18  program,  shall be authorized to further increase the number of assisted
   19  living beds available as part of this demonstration  program  by  up  to
   20  twenty-five  percent  of  its  bed  level as of July first, two thousand
   21  five; provided, however, that such program shall otherwise  satisfy  all
   22  other assisted living program requirements as set forth in this section.
   23  [Further,  any such program which receives authorization to increase the
   24  number of assisted living beds  available  pursuant  to  this  paragraph
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15376-01-2
       A. 10304                            2
    1  shall submit a report annually to the commissioner of health, the gover-
    2  nor, the temporary president of the senate and the speaker of the assem-
    3  bly,  which  contains  the cost of the program, including the savings to
    4  state and local governments, the number of persons served by the program
    5  by county, a description of the demographic and clinical characteristics
    6  of  patients  served by the program, and an evaluation of the quality of
    7  care provided to persons served by the program.  After  release  of  the
    8  second  report  by any such program if the findings of the report do not
    9  reflect a cost savings to the state and local governments,  the  program
   10  may  be  terminated  immediately  by the commissioner of health.  Within
   11  thirty days of the termination of a demonstration program,  the  commis-
   12  sioner  of  health  shall submit a report to the governor, the temporary
   13  president of the senate and the speaker of the assembly  which  outlines
   14  the reasons for early termination of such program.]
   15    S 2. Section 2 of chapter 545 of the laws of 2003, amending the social
   16  services  law  relating  to  the  assisted living program, as amended by
   17  chapter 374 of the laws of 2010, is amended to read as follows:
   18    S 2. This act shall take  effect  immediately  [and  shall  be  deemed
   19  repealed  September  1,  2013.    Provided that, any person placed in an
   20  assisted living program pursuant to paragraph (g) of  subdivision  3  of
   21  section  461-l  of  the  social services law, as added by section one of
   22  this act, prior to the repeal of this act shall be authorized to  remain
   23  in  such  program  and  receive the services thereof after the repeal of
   24  this act. Furthermore, state  funding  for  the  provision  of  assisted
   25  living  program services authorized by this act shall continue after the
   26  repeal of this act for any person to which the provisions  of  this  act
   27  shall continue to apply].
   28    S 3. This act shall take effect immediately.