Bill Text: NY A05790 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 8-0)

Status: (Passed) 2024-12-13 - approval memo.29 [A05790 Detail]

Download: New_York-2023-A05790-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5790--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Health -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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 her/his 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10164-02-3
        A. 5790--A                          2

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