Bill Text: NY S08865 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires reporting and posting by assisted living facilities relating to quality measures and information concerning rates, rent, and service fees; requires a scoring system of the assisted living quality reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-22 - REFERRED TO AGING [S08865 Detail]

Download: New_York-2023-S08865-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8865

                    IN SENATE

                                     March 22, 2024
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging

        AN ACT to amend the public health law, in relation to  quality  improve-
          ment    and  increased  consumer transparency in assisted living resi-
          dences

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

     1    Section  1.  Subdivisions 7 and 8 of section 4656 of the public health
     2  law, as added by chapter 2 of the laws of 2004, are renumbered  subdivi-
     3  sions  9  and  10  and two new subdivisions 7 and 8 are added to read as
     4  follows:
     5     7. (a) All assisted living residences, as defined in subdivision  one
     6  of  section forty-six hundred fifty-one of this article, including those
     7  licensed and certified as an assisted living  residence,  special  needs
     8  assisted living residence, or enhanced assisted living residence, shall:
     9    (i)  report  annually  on  quality  measures  to be established by the
    10  department, in consultation with industry and consumer  representatives,
    11  including  the  long-term care ombudsman or their representative, in the
    12  form and format prescribed by the department, with the first report  due
    13  no later than January fifteenth, two thousand twenty-five; and
    14    (ii)  post  information,  including the starting monthly service rate,
    15  range for starting rent, approved admission or residency agreement,  and
    16  a  consumer-friendly  summary  of  all service fees, through a reporting
    17  system to be developed by the department, in consultation with  industry
    18  and  consumer  representatives,  that  takes into account differences in
    19  licensure and certification, services,  agreements  and  fee  structures
    20  across  facilities.  Such  information  shall be posted in a conspicuous
    21  place on the facility's website and in a public space within the facili-
    22  ty and shall be made available to the public on forms developed  by  the
    23  department.  Beginning  on October first, two thousand twenty-four, this
    24  information shall also be reported to the department.
    25    (b) The department shall develop a system to score the results of  the
    26  assisted  living quality reporting obtained pursuant to paragraph (a) of
    27  this subdivision, in consultation with industry and  consumer  represen-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10164-04-4
        S. 8865                             2

     1  tatives.  Facilities  scoring  in  the top quartile shall be granted the
     2  classification of advanced standing on their annual surveillance  sched-
     3  ules.
     4    (i)  Notwithstanding  subparagraph one of paragraph (a) of subdivision
     5  two of section four hundred sixty-one-a  of  the  social  services  law,
     6  facilities  achieving  an  advanced  standing  classification  shall  be
     7  surveyed every eighteen months. All other facilities shall  be  surveyed
     8  on  an  unannounced basis no less than annually; provided, however, that
     9  this shall not apply to surveys, inspections or investigations based  on
    10  complaints received by the department under any other provision of law.
    11    (ii)   Facilities  may  remain  on  advanced  standing  classification
    12  provided they meet the scoring requirements in assisted  living  quality
    13  reporting  and  until  such  time  when  they  do  not meet such scoring
    14  requirements.
    15    (c) Effective January  thirty-first,  two  thousand  twenty-five,  the
    16  department  shall post on its website the results of the assisted living
    17  quality reporting, collected pursuant to subparagraph (i)  of  paragraph
    18  (a) of this subdivision.
    19    (d)  No  later  than February fifteenth, two thousand twenty-five, the
    20  department shall report to the legislature on the development of a qual-
    21  ity scoring system for adult care facilities, including adult homes  and
    22  enriched housing providers. Such report shall examine the specific qual-
    23  ity measures recommended and a process for information collection.
    24    8.  (a)  Assisted  living residences, as defined in subdivision one of
    25  section forty-six hundred fifty-one of  this  article,  including  those
    26  licensed  and  certified  as an assisted living residence, special needs
    27  assisted living residence, or enhanced assisted  living  residence,  may
    28  seek accreditation by agencies determined by the commissioner.
    29    (b)  Such accreditation agencies shall report data and information, in
    30  a manner and form as determined by the department, pertaining  to  those
    31  assisted  living  residences  accredited  by  such  agencies,  and those
    32  assisted living residences which obtain but lose such accreditation.
    33    § 2. This act shall take effect on the thirtieth day  after  it  shall
    34  have become a law.