Bill Text: NY S09107 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes a residential care home for people with advanced needs pilot program in the counties of Albany, Schenectady, Saratoga and such other counties as approved by the department; provides that such program shall provide medical, social and residential care to persons afflicted by dementia, significant cognitive disease and/or behavior disturbances as defined by the Diagnostic and Statistical Manual 5 (DSM-5) and other standards as approved by the commissioner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-11-30 - REFERRED TO RULES [S09107 Detail]
Download: New_York-2019-S09107-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9107 IN SENATE November 30, 2020 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to establishing a residential care home for people with advanced needs pilot program; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2959-b to read as follows: 3 § 2959-b. Residential care home for people with advanced needs pilot 4 program. 1. The commissioner shall establish a residential care home 5 pilot program for people with advanced needs in the counties of Albany, 6 Schenectady, Saratoga and such other counties as approved by the depart- 7 ment. Such pilot program shall provide medical, social and residential 8 care to persons afflicted by dementia, significant cognitive disease 9 and/or behavior disturbances as defined by the Diagnostic and Statis- 10 tical Manual 5 (DSM-5) and other standards as approved by the commis- 11 sioner. Such pilot program shall: 12 (a) be limited to persons with private pay resources absent the avail- 13 ability and approval by the department of Medicaid funding for such 14 pilot program; 15 (b) demonstrate the ability to improve health care outcomes of persons 16 through palliative care and the coordination of health care services; 17 (c) provide medical, nursing and residential services; 18 (d) demonstrate the ability to assist residents with severe cognitive 19 and behavioral dysfunction consistent with their diagnosis; 20 (e) be limited to no more than ten residents per site together with 21 two flexible adult daycare persons; 22 (f) have an operator who shall be responsible for the care and safety 23 of persons in such pilot program; 24 (g) have a physician who shall be responsible for oversight and super- 25 vision of the operator of each site, staff and persons residing at such 26 site; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17656-01-0S. 9107 2 1 (h) have entered into a memorandum of understanding with regional 2 hospitals and skilled nursing facilities for patient transfer and care. 3 2. The commissioner shall be responsible for approving, inspecting, 4 and supervising facilities under this section. 5 3. The commissioner shall, to the extent necessary for the purpose of 6 this section, submit the appropriate waivers and other applications, 7 including, but not limited to, those authorized pursuant to sections 8 eleven hundred fifteen and nineteen hundred fifteen of the federal 9 social security act, or successor provisions, and any other waivers or 10 applications necessary to achieve the purposes of high quality, inte- 11 grated, and cost effective care and integrated financial eligibility 12 policies under Medicaid, family health plus and child health plus or 13 Medicare. Copies of such original waiver and other applications shall be 14 provided to the chairman of the senate finance committee and the chair- 15 man of the assembly ways and means committee simultaneously with their 16 submission to the federal government. 17 4. Notwithstanding any inconsistent provision of law to the contrary, 18 the commissioner is authorized to waive, modify or suspend the 19 provisions of rules and regulations promulgated pursuant to article 20 twenty-eight of this chapter if the commissioner determines that such 21 waiver, modification or suspension is necessary for the successful 22 implementing of the residential care home for people with advanced needs 23 pilot program authorized pursuant to this section and provided that the 24 commissioner determines that the health, safety and general welfare of 25 people receiving health care under such pilot program will not be 26 impaired as a result of such waiver, modification, or suspension. 27 5. Twelve months after the approval of the residential care home for 28 people with advanced needs pilot program, and annually thereafter, the 29 program shall report to the commissioner on the progress of the program. 30 The commissioner shall evaluate the findings of the study and report to 31 the governor, the temporary president of the senate, the speaker of the 32 assembly, the chair of the senate standing committee on health and the 33 chair of the assembly health committee. 34 § 2. Subdivision 2 and paragraph l of subdivision 3 of section 2803-c 35 of the public health law, subdivision 2 as amended by chapter 186 of the 36 laws of 1979 and paragraph 1 of subdivision 3 as amended by chapter 270 37 of the laws of 2011, is amended to read as follows: 38 2. The commissioner shall require that every nursing home and facility 39 providing health related service, as defined in subdivision two and 40 paragraph (b) of subdivision four of section twenty-eight hundred one of 41 this article or any pilot program approved under section twenty-nine 42 hundred fifty-nine-b of this chapter, shall adopt and make public a 43 statement of the rights and responsibilities of the patients who are 44 receiving care in such facilities, and shall treat such patients in 45 accordance with the provisions of such statement. 46 l. Pursuant to regulations promulgated by the commissioner, no facili- 47 ty or individual and no general hospital providing medical care to 48 persons having been admitted from such facilities or from adult care 49 facilities covered by the provisions of section four hundred sixty-one-b 50 of the social services law, or to applicants for readmission to such 51 facilities or to adult care facilities covered by the provisions of 52 section four hundred sixty-one-b of the social services law or individ- 53 uals admitted to a residential care home for people with advanced needs 54 approved under section twenty-nine hundred fifty-nine-b of this chapter, 55 shall restrict or prohibit the access to the facility or general hospi- 56 tal nor interfere with the performance of the official duties, includingS. 9107 3 1 confidential visits with residents, of duly designated persons partic- 2 ipating in the long term care ombudsman program as provided for in 3 section two hundred eighteen of the elder law. 4 § 3. This act shall be effective immediately and shall expire and be 5 deemed repealed December 31, 2024.
