Bill Text: NY A05149 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to approval of applications for establishment of adult care facilities.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A05149 Detail]

Download: New_York-2013-A05149-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5149
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2013
                                      ___________
       Introduced  by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
         the Committee on Health
       AN ACT to amend the social services law and the public  health  law,  in
         relation  to  approval of applications for establishment of adult care
         facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Section  461-b of the social services law is amended by
    2  adding a new subdivision 9 to read as follows:
    3    9. AN INDIVIDUAL OR ENTITY WHICH IS NOT THE APPROVED  OPERATOR  OF  AN
    4  ADULT  HOME,  ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS SHALL NOT
    5  PARTICIPATE IN THE TOTAL GROSS INCOME OR NET REVENUE OF SUCH FACILITY.
    6    S 2. Section 461-b of the social services law is amended by  adding  a
    7  new subdivision 10 to read as follows:
    8    10. ANY FEE FOR THE LEASE OF THE REAL PROPERTY ON WHICH AN ADULT HOME,
    9  ENRICHED  HOUSING  PROGRAM OR RESIDENCE FOR ADULTS IS LOCATED AND/OR FOR
   10  THE LEASE OF THE PREMISES OCCUPIED BY SUCH A FACILITY, PROGRAM OR  RESI-
   11  DENCE  SHALL  BE NO GREATER THAN THE COMMERCIALLY REASONABLE FAIR MARKET
   12  VALUE FOR SIMILAR PROPERTIES OR PREMISES IN  THE  GEOGRAPHIC  REGION  IN
   13  WHICH SUCH A FACILITY, PROGRAM OR RESIDENCE IS LOCATED.
   14    S  3. Subdivision 5 of section 4655 of the public health law, as added
   15  by chapter 2 of the laws of 2004, is amended to read as follows:
   16    5. In addition to the requirements otherwise required for licensure as
   17  assisted living, any [residence] ADULT  CARE  FACILITY  SUBJECT  TO  THE
   18  INSPECTION  AND SUPERVISION OF THE DEPARTMENT that advertises or markets
   19  itself as serving individuals with special  needs,  including,  but  not
   20  limited  to,  individuals  with  dementia or cognitive impairments, must
   21  submit a special needs plan to the  department  setting  forth  how  the
   22  special  needs of such residents will be safely and appropriately met at
   23  such [residence] FACILITY.  Such plan shall include,  but  need  not  be
   24  limited  to,  a  written  description  of specialized services, staffing
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01592-01-3
       A. 5149                             2
    1  levels, staff education  and  training,  work  experience,  professional
    2  affiliations or special characteristics relevant to serving persons with
    3  special  needs,  and any environmental modifications that have been made
    4  or  will  be  made  to  protect  the  health, safety and welfare of such
    5  persons in the [residence] FACILITY.   In approving an  application  for
    6  special  needs  certification, the department shall develop standards to
    7  ensure adequate staffing and training in order to safely meet the  needs
    8  of  the  resident.  The standards shall be based upon recommendations of
    9  the task force established by section five of [the] chapter TWO  of  the
   10  laws  of  two  thousand  four [which added this section]. No [residence]
   11  ADULT CARE FACILITY SUBJECT TO THE INSPECTION  AND  SUPERVISION  OF  THE
   12  DEPARTMENT  shall  market  [themselves]  ITSELF as providing specialized
   13  services unless and until the department has approved such applicant for
   14  a special needs assisted living certificate.
   15    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   16  have  become  a  law; provided, however, that the commissioner of health
   17  may adopt, amend, suspend  or  repeal  any  regulations  or  take  other
   18  actions necessary to enforce or implement this act prior to and in prep-
   19  aration  for  the  taking  effect  of  this act; provided, however, such
   20  adoption, amendment, suspension or repeal of regulations shall not  have
   21  legal effect until this act takes effect.