Bill Text: NY S07383 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes adult day care programs to provide certain services at the site of a voluntary residential health care facility rightsizing demonstration program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-02 - REFERRED TO HEALTH [S07383 Detail]

Download: New_York-2011-S07383-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7383
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to authorizing  adult
         day  care programs to provide certain services at the site of a volun-
         tary  residential  health  care  facility  rightsizing   demonstration
         program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2801-e of the  public  health  law  is  amended  by
    2  adding a new subdivision 8 to read as follows:
    3    8.    CONSISTENT  WITH  THE  DEVELOPMENT  OF LESS RESTRICTIVE AND LESS
    4  INSTITUTIONAL LONG-TERM CARE SERVICES THROUGH THE VOLUNTARY  RESIDENTIAL
    5  HEALTH  CARE  FACILITY  DEMONSTRATION PROGRAM, THIS SUBDIVISION PROVIDES
    6  ADULT DAY HEALTH CARE PROGRAMS WITH PROGRAMMATIC FLEXIBILITY TO MEET THE
    7  NEEDS OF SENIORS AND THE DISABLED IN THE COMMUNITY WITHIN THE  MANDATORY
    8  MANAGED CARE ENVIRONMENT.  NOTWITHSTANDING ANY PROVISION OF LAW OR REGU-
    9  LATION  TO THE CONTRARY, APPROVED ADULT DAY HEALTH CARE PROGRAMS, AT THE
   10  INITIATIVE OF A PROGRAM AND UPON NOTIFICATION  TO  THE  DEPARTMENT,  MAY
   11  PROVIDE  SERVICES  TO  PERSONS  WITH  HEALTH CARE NEEDS, HEALTH CARE AND
   12  SOCIAL NEEDS OR ONLY SOCIAL NEEDS AT THE SAME TIME AND WITHIN  THE  SAME
   13  LOCATION  UP  TO  ONE  HUNDRED  THIRTY PERCENT OF THE PROGRAM'S APPROVED
   14  CAPACITY. ADULT DAY CARE PROGRAMS MAY PROVIDE AN ENROLLED  INDIVIDUAL  A
   15  SUBSET OF ADULT DAY HEALTH CARE SERVICES REQUIRED UNDER DEPARTMENT REGU-
   16  LATIONS  PURSUANT  TO  A  SERVICE PLAN, PLAN OF CARE OR CARE PLAN AGREED
   17  UPON BY THE ADULT DAY HEALTH CARE PROGRAM AND A MANAGED  CARE  ORGANIZA-
   18  TION  AUTHORIZED  TO  PROVIDE  SERVICES  UNDER  THE  MEDICAL  ASSISTANCE
   19  PROGRAM. FOR THOSE PROGRAMS APPROVED PRIOR TO JANUARY FIRST,  TWO  THOU-
   20  SAND  TWELVE  SPONSORSHIP  MAY  BE TRANSFERRED FROM A RESIDENTIAL HEALTH
   21  CARE FACILITY TO A MANAGED LONG-TERM CARE PLAN UPON NOTIFICATION TO  THE
   22  DEPARTMENT.  NOTHING IN THIS SUBDIVISION SHALL DIMINISH THE DEPARTMENT'S
   23  OVERSIGHT OF ADULT DAY HEALTH PROGRAMS AND THE DEPARTMENT MAY REVOKE THE
   24  AUTHORITY  GRANTED  IN  THIS  SUBDIVISION  PROVIDED  THAT THE DEPARTMENT
   25  OFFERS THE OPPORTUNITY FOR A PUBLIC HEARING AS PROVIDED FOR IN  SUBPARA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15717-02-2
       S. 7383                             2
    1  GRAPH  (I)  OF  PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION TWENTY-EIGHT
    2  HUNDRED ONE-A OF THIS ARTICLE.
    3    S  2.  This  act  shall take effect on the sixtieth day after it shall
    4  have become a law, and  the  department  of  health  is  authorized  and
    5  directed  to promulgate, amend and/or repeal, on an emergency basis, any
    6  rules and regulations necessary to implement the provisions of this act.