Bill Text: NY S00714 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO AGING [S00714 Detail]

Download: New_York-2023-S00714-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           714

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging

        AN ACT to amend the public health law, in relation to  establishing  the
          independent senior housing resident freedom of choice act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may be referred to
     2  as the "independent senior housing resident freedom of choice act".
     3    § 2. Paragraph (j) of subdivision 1 of  section  4651  of  the  public
     4  health  law,  as  added  by chapter 2 of the laws of 2004, is amended to
     5  read as follows:
     6    (j) independent senior housing, shelters or residences for adults. For
     7  purposes of this article and for purposes of  determining  certification
     8  pursuant  to  article  seven  of the social services law, the department
     9  shall by regulation, define independent senior  housing,  provided  such
    10  definition  shall  be  based  on  whether the operator does not provide,
    11  arrange for, or coordinate personal care services or home care  services
    12  on  behalf  of  residents;  and the [facility] operator does not provide
    13  case management services in a congregate  care  setting  for  residents.
    14  Nothing  in  this  chapter shall preclude [a resident of]: (i) any inde-
    15  pendent senior housing resident or any number  of  such  residents  from
    16  personally  and  directly obtaining [private] personal care or home care
    17  services from [a] any licensed [or certified] home care services agency,
    18  certified home health  agency,  long  term  home  health  care  program,
    19  programs  of  all-inclusive  care  for the elderly or other managed long
    20  term care program;
    21    (ii) an agency or program licensed or approved under  article  thirty-
    22  six or section forty-four hundred three-f of this chapter from offering,
    23  arranging  for or providing services to the residents of such housing as
    24  such agency is otherwise authorized to offer, arrange for or provide  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03650-01-3
        S. 714                              2

     1  any  other  person or persons residing in their own home or apartment or
     2  in the home of any other responsible relative or adult in the community;
     3    (iii)  any  independent  senior housing resident or any number of such
     4  residents from personally and directly choosing and  obtaining  services
     5  from  an  appropriately  licensed or approved agency or program offering
     6  personal care, home care or case management services, or from obtaining,
     7  personally and directly, technologies that assist in  maintaining  inde-
     8  pendence; or
     9    (iv) an independent senior housing operator from offering room, board,
    10  laundry,  housekeeping,  information and referral, security, transporta-
    11  tion or concierge-like services; assisting tenants with housing  issues;
    12  providing information to tenants about services and activities available
    13  in  the community; assisting tenants wishing to do so in contacting such
    14  services and activities; and contacting  appropriate  responders  in  an
    15  emergency  or  other  situation  involving  any  tenants that appears to
    16  warrant immediate attention, assistance or intervention.  No independent
    17  senior housing operator or  staff  of  the  independent  senior  housing
    18  facility  shall  take action to limit the options presented to residents
    19  for a home care services agency, certified home health agency, long term
    20  home health care program, program of all-inclusive care for the elderly,
    21  or other managed long term care program except where  the  resident  has
    22  provided  criteria to limit the options presented. No independent senior
    23  housing operator or any staff of the independent senior housing facility
    24  shall induce any resident to utilize a home care services agency, certi-
    25  fied home health agency, long term home health care program, program  of
    26  all-inclusive  care  for  the  elderly,  or other managed long term care
    27  program where there is any specific benefit that accrues  to  the  inde-
    28  pendent senior housing operator, staff of the independent senior housing
    29  facility,  or  their  families  for  directing residents to any specific
    30  provider of services.
    31    § 3. This act shall take effect immediately.