Bill Text: NY S06390 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to the definition of "affiliate" for the purposes of licensed operators of adult care and assisted living facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-03-21 - SIGNED CHAP.15 [S06390 Detail]

Download: New_York-2015-S06390-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6390--A
            Cal. No. 21
                    IN SENATE
                                     January 8, 2016
                                       ___________
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Rules  --  ordered  to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading
        AN ACT to amend the social services law, in relation to licensed  opera-
          tors  of  adult care facilities and their affiliates; and to amend the
          public health law, in  relation  to  licensed  operators  of  assisted
          living facilities and their affiliates
          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 2  of  section  461-b  of  the
     2  social  services law, as amended by a chapter of the laws of 2015 amend-
     3  ing the social services law  and  the  public  health  law  relating  to
     4  licensed  operators  of  certain  facilities  and  their  affiliates  as
     5  proposed in legislative bills numbers S.5540-A and A.7681-A, is  amended
     6  and a new paragraph (b-1) is added to read as follows:
     7    (b)  For existing licensed operators in good standing and their affil-
     8  iates, the department shall develop a streamlined application review and
     9  approval process, in collaboration with representatives of  associations
    10  of  operators,  to  be  available  for use in relation to approval of an
    11  additional facility of the same type.  Notwithstanding any provision  of
    12  law  or  regulation  to the contrary, the streamlined application review
    13  and approval process shall include, but not be limited to,  the  follow-
    14  ing:
    15    (i) a certification process and form for the operator or its affiliate
    16  to  [verify]  attest  that  it will have sufficient financial resources,
    17  revenue and financing to meet  facility  expenses  and  resident  needs,
    18  which  shall satisfy the statutory and regulatory financial component of
    19  the application review and approval process;
    20    (ii) a certification process and form for the operator or  its  affil-
    21  iate  to  [verify]  attest  that its legal, corporate and organizational
    22  documents comply in substance with department requirements, which  shall
    23  satisfy  the statutory and regulatory legal component of the application
    24  review and approval process;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11181-07-6
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