Bill Text: NY S04546 | 2021-2022 | General Assembly | Amended

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Bill Title: Establishes a special needs assisted living program to serve persons with neurodegenerative diseases, such as dementia or Parkinson's disease, who are experiencing behavior disturbances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-11 - REPORTED AND COMMITTED TO FINANCE [S04546 Detail]

Download: New_York-2021-S04546-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4546--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 5, 2021
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Health in accord-
          ance 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 a
          special needs assisted living program to serve persons  with  neurode-
          generative diseases

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

     1    Section 1. Section 4655 of the public health law, as added by  chapter
     2  2 of the laws of 2004, is amended by adding a new subdivisions 7 to read
     3  as follows:
     4    7.  (a) The department shall establish a special needs assisted living
     5  program to serve persons with neurodegenerative diseases (such as demen-
     6  tia or Parkinson's disease) with behavior disturbances,  as  defined  by
     7  the  diagnostic and statistical manual of mental disorders or the inter-
     8  national classifications of diseases.
     9    (i) Such program will be limited to  no  more  than  ten  sites,  each
    10  limited to no more than ten residential beds and in addition may include
    11  two respite beds.
    12    (ii)  There  shall be no more than five residents per site upon admis-
    13  sion, who are in  need  of  twenty-four-hour  skilled  nursing  care  or
    14  medical  care  which  would otherwise require placement in a hospital or
    15  nursing home.
    16    (iii) All residents must have been declined admission  or  readmission
    17  by  a  nursing  home  or be an admission requested by a lawful represen-
    18  tative of the resident. In addition, a physician or  nurse  practitioner
    19  must  certify  that  the prospective resident can be safely cared for in
    20  the program.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08854-05-2
        S. 4546--B                          2

     1    (b) The department shall establish standards for the  program  includ-
     2  ing:
     3    (i) physician oversight and supervision under contract with the site;
     4    (ii)  stabilization  of  behavior  disturbances  and  the provision of
     5  palliative care;
     6    (iii) applicable experience of the operator and employed and  contract
     7  direct care staff in relation to the targeted population;
     8    (iv) person-centered planning for resident care;
     9    (v) staffing levels; and
    10    (vi) staff education and training which shall include:
    11    (A)  characteristics and needs of persons with Alzheimer's disease and
    12  dementia including behavioral symptoms, and mental and emotional  chang-
    13  es;
    14    (B) assessment of care outcomes;
    15    (C) appropriate activities of daily living;
    16    (D) dementia related behaviors and communication limitations;
    17    (E) other methods of meeting residents' needs on an individual basis;
    18    (F)  use and operation of environmental modifications that protect the
    19  health and safety of the residents; and
    20    (G) attaining professional affiliation or special qualification  rele-
    21  vant to serving persons with advanced needs.
    22    (c)  The  commissioner shall report every two years to the legislature
    23  on the progress of the program.
    24    (d) The commissioner may submit the appropriate applications for waiv-
    25  ers or state plan amendments to the federal  centers  for  Medicare  and
    26  Medicaid  services to secure federal Medicaid reimbursement for services
    27  of the program.
    28    § 2. This act shall take effect immediately.