Bill Text: NY S05375 | 2011-2012 | General Assembly | Introduced

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Bill Title: Includes assisted living residences within the definition of long term care facilities for certain purposes; requires assisted living residences to permit access to such facilities by the long term care ombudsman.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2011-06-02 - SUBSTITUTED BY A3882A [S05375 Detail]

Download: New_York-2011-S05375-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5375
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2011
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Aging
       AN ACT to amend the elder law and the public health law, in relation  to
         long term care ombudsman access to assisted living facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 1 of section 218 of the  elder
    2  law is amended to read as follows:
    3    (b)  "Long  term  care  facilities" shall mean residential health care
    4  facilities as defined  in  subdivision  three  of  section  twenty-eight
    5  hundred  one  of  the  public health law [and], adult care facilities as
    6  defined in subdivision twenty-one of section two of the social  services
    7  law,  AND  ASSISTED LIVING RESIDENCES, AS DEFINED IN ARTICLE FORTY-SIX-B
    8  OF THE PUBLIC HEALTH LAW, OR ANY FACILITIES WHICH HOLD THEMSELVES OUT OR
    9  ADVERTISE THEMSELVES AS PROVIDING ASSISTED LIVING SERVICES AND WHICH ARE
   10  REQUIRED TO BE LICENSED OR CERTIFIED UNDER THE SOCIAL  SERVICES  LAW  OR
   11  THE  PUBLIC HEALTH LAW.  Within the amounts appropriated therefor, "long
   12  term care facilities" shall also mean managed long term care  plans  and
   13  approved  managed  long term care or operating demonstrations as defined
   14  in section forty-four hundred three-f of the public health law  and  the
   15  term  "resident",  "residents",  "patient"  and  "patients"  shall  also
   16  include enrollees of such plans.
   17    S 2. Paragraph (b) of subdivision 1 of section 218 of the  elder  law,
   18  as  amended  by section 2 of chapter 642 of the laws of 2004, is amended
   19  to read as follows:
   20    (b) "Long term care facilities" shall  mean  residential  health  care
   21  facilities  as  defined  in  subdivision  three  of section twenty-eight
   22  hundred one of the public health law, AND ASSISTED LIVING RESIDENCES, AS
   23  DEFINED IN ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, OR ANY  FACILI-
   24  TIES  WHICH  HOLD  THEMSELVES  OUT  OR ADVERTISE THEMSELVES AS PROVIDING
   25  ASSISTED LIVING SERVICES AND WHICH ARE REQUIRED TO BE LICENSED OR CERTI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03333-03-1
       S. 5375                             2
    1  FIED UNDER THE SOCIAL SERVICES LAW OR THE PUBLIC HEALTH  LAW  and  adult
    2  care  facilities  as defined in subdivision twenty-one of section two of
    3  the social services law.
    4    S  3.  Paragraph  l  of  subdivision 3 of section 2803-c of the public
    5  health law, as amended by chapter 719 of the laws of 1989, is amended to
    6  read as follows:
    7    l. Pursuant to regulations promulgated by the commissioner, no facili-
    8  ty or individual and no  general  hospital  providing  medical  care  to
    9  persons  having  been  admitted  from such facilities or from adult care
   10  facilities covered by the provisions of section four hundred sixty-one-b
   11  of the social services law, or to applicants  for  readmission  to  such
   12  facilities  or  to  adult  care  facilities covered by the provisions of
   13  section four hundred sixty-one-b  of  the  social  services  law,  shall
   14  restrict  or prohibit the access to the facility or general hospital nor
   15  interfere with the performance of the official duties, including  confi-
   16  dential  visits with residents, of duly designated persons participating
   17  in the long term care ombudsman program as  provided  for  in  [sections
   18  five  hundred  forty-four  and  five hundred forty-five of the executive
   19  law] SECTION TWO HUNDRED EIGHTEEN OF THE ELDER LAW.
   20    S 4. This act shall take effect immediately, provided however that the
   21  amendments to paragraph (b) of subdivision 1 of section 218 of the elder
   22  law made by section two of this act shall take effect on the  same  date
   23  and  same  manner  as  section  2 of chapter 642 of the laws of 2004, as
   24  amended, takes effect.