Bill Text: NY S02276 | 2015-2016 | General Assembly | Amended

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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 (Republican 2-0)

Status: (Introduced - Dead) 2016-05-19 - PRINT NUMBER 2276A [S02276 Detail]

Download: New_York-2015-S02276-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2276--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 22, 2015
                                       ___________
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging  --  recommitted  to
          the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        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,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07563-02-6
        S. 2276--A                          2
     1  arranging for or providing services to the residents of such housing  as
     2  such  agency is otherwise authorized to offer, arrange for or provide to
     3  any other person or persons residing in their own home or  apartment  or
     4  in the home of any other responsible relative or adult in the community;
     5    (iii)  any  independent  senior housing resident or any number of such
     6  residents from personally and directly choosing and  obtaining  services
     7  from  an  appropriately  licensed or approved agency or program offering
     8  personal care, home care or case management services, or from obtaining,
     9  personally and directly, technologies that assist in  maintaining  inde-
    10  pendence; or
    11    (iv) an independent senior housing operator from offering room, board,
    12  laundry,  housekeeping,  information and referral, security, transporta-
    13  tion or concierge-like services; assisting tenants with housing  issues;
    14  providing information to tenants about services and activities available
    15  in  the community; assisting tenants wishing to do so in contacting such
    16  services and activities; and contacting  appropriate  responders  in  an
    17  emergency  or  other  situation  involving  any  tenants that appears to
    18  warrant immediate attention, assistance or intervention.  No independent
    19  senior housing operator or  staff  of  the  independent  senior  housing
    20  facility  shall  take action to limit the options presented to residents
    21  for a home care services agency, certified home health agency, long term
    22  home health care program, program of all-inclusive care for the elderly,
    23  or other managed long term care program except where  the  resident  has
    24  provided  criteria to limit the options presented. No independent senior
    25  housing operator or any staff of the independent senior housing facility
    26  shall induce any resident to utilize a home care services agency, certi-
    27  fied home health agency, long term home health care program, program  of
    28  all-inclusive  care  for  the  elderly,  or other managed long term care
    29  program where there is any specific benefit that accrues  to  the  inde-
    30  pendent senior housing operator, staff of the independent senior housing
    31  facility,  or  their  families  for  directing residents to any specific
    32  provider of services.
    33    § 3. This act shall take effect immediately.