S T A T E O F N E W Y O R K ________________________________________________________________________ 4738--A 2011-2012 Regular Sessions I N S E N A T E April 18, 2011 ___________ Introduced by Sen. GOLDEN -- 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 AN ACT to amend the public health law, in relation to continuing care retirement communities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2-b of section 4601 of the public health law, 2 as added by chapter 659 of the laws of 1997, paragraph a as amended by 3 chapter 401 of the laws of 2003, is amended to read as follows: 4 2-b. "Continuing care retirement community" or "community" shall mean 5 a facility or facilities established to provide a comprehensive, cohe- 6 sive living arrangement for the elderly, oriented to the enhancement of 7 the quality of life and which, pursuant to the terms of the continuing 8 care contract, at a minimum: 9 a. provides independent living units, and provides a meal plan. The 10 independent living unit can be made available either through a non-equi- 11 ty arrangement or through an equity arrangement including, but not 12 limited to a cooperative or condominium. For purposes of this article, 13 the purchase price of an independent living unit in an equity arrange- 14 ment, regardless of the form of the purchase agreement, shall not be 15 considered an entry fee for purposes of calculating reserve liabilities, 16 but shall be considered an entry fee for escrow purposes; 17 b. provides a range of health care and social services, subject to 18 such terms as may be included within the contract, which shall include 19 [home health care, nursing care] ADULT CARE FACILITY SERVICES OF AN 20 ON-SITE OR AFFILIATED ADULT CARE FACILITY, and at a minimum, sixty days 21 of prepaid services of an on-site or affiliated nursing facility FOR 22 RESIDENTS NOT RECEIVING SERVICES UNDER A FEE-FOR-SERVICE CONTRACT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10823-03-1 S. 4738--A 2 1 c. provides access to health services as defined in the contract, 2 prescription drugs, and rehabilitation services; [and] 3 d. nothing in this article shall eliminate the obligation of a contin- 4 uing care retirement community to provide at least sixty days of prepaid 5 nursing facility services to all residents, WITH THE EXCEPTION OF RESI- 6 DENTS RECEIVING SERVICES UNDER THE TERMS OF A FEE-FOR-SERVICE CONTINUING 7 CARE CONTRACT AS DEFINED IN THIS SECTION. The prepaid days must include 8 the first sixty days of nursing facility services, whether or not 9 consecutive, not covered by Title XVIII of the federal social security 10 act[.]; AND 11 E. COMMUNITIES ESTABLISHED UNDER THIS ARTICLE AND OFFERING 12 FEE-FOR-SERVICE CONTINUING CARE CONTRACTS MUST OFFER, ALONG WITH SUCH 13 FEE-FOR-SERVICE CONTINUING CARE CONTRACTS, LIFE CARE AND/OR CONTINUING 14 CARE CONTRACTS AS DEFINED IN SUBDIVISION EIGHT-A OF THIS SECTION. 15 S 2. Section 4601 of the public health law is amended by adding a new 16 subdivision 8-a to read as follows: 17 8-A. "FEE-FOR-SERVICE CONTINUING CARE CONTRACT" SHALL MEAN A SINGLE 18 CONTINUING CARE RETIREMENT CONTRACT THAT PROVIDES LONG-TERM AND OTHER 19 SERVICES ON A PER DIEM, FEE-FOR-SERVICE OR MONTHLY RATE. 20 S 3. This act shall take effect immediately.