Bill Text: NY S01448 | 2009-2010 | General Assembly | Introduced

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Bill Title: Makes provisions relating to the disclosure of special care offered to persons with Alzheimer's disease or dementia; requires any facility that offers, advertises, markets or otherwise promotes itself as providing Alzheimer's and dementia special care must disclose the form of care or treatment provided that distinguishes it as being especially applicable or suitable for persons diagnosed with Alzheimer's, dementia or other disorders; authorizes the commissioner of health to promulgate necessary rules and regulations; provides for a five hundred dollar civil penalty for a violation.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S01448 Detail]

Download: New_York-2009-S01448-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1448
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by  Sens.  MAZIARZ,  DeFRANCISCO, FUSCHILLO, GOLDEN, GRIFFO,
         LITTLE, MORAHAN, SALAND, SEWARD, SKELOS,  VOLKER  --  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  disclosure  of
         special care offered to persons with Alzheimer's disease or dementia
         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  article
    2  20-B to read as follows:
    3                                ARTICLE 20-B
    4              ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE
    5  SECTION 2010. DEFINITIONS.
    6          2011. ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE.
    7          2012. ENFORCEMENT; CIVIL PENALTIES.
    8    S  2010.  DEFINITIONS.  AS  USED  IN THIS ARTICLE: 1. "ALZHEIMER'S AND
    9  DEMENTIA SPECIAL CARE" MEANS CARE OR  TREATMENT  PROVIDED  TO  A  PERSON
   10  DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA.
   11    2.  "FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACILITY, AN ADULT
   12  DAY HEALTH CARE PROGRAM OR A CONTINUING CARE RETIREMENT COMMUNITY.
   13    S 2011. ALZHEIMER'S AND  DEMENTIA  SPECIAL  CARE  DISCLOSURE.  1.  ANY
   14  FACILITY  THAT ADVERTISES OR MARKETS ITSELF AS PROVIDING ALZHEIMER'S AND
   15  DEMENTIA SPECIAL CARE SHALL DISCLOSE  THE  FORM  OF  CARE  OR  TREATMENT
   16  PROVIDED  THAT  DISTINGUISHES  IT  AS  BEING ESPECIALLY APPLICABLE TO OR
   17  SUITABLE FOR PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE, RELATED  DISOR-
   18  DERS OR DEMENTIA.
   19    2. THE DISCLOSURE SHALL BE MADE TO:
   20    (A) THE DEPARTMENT;
   21    (B)  ANY  PERSON SEEKING PLACEMENT IN A FACILITY ON BEHALF OF A PERSON
   22  DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA; AND
   23    (C) THE STATE LONG TERM CARE OMBUDSMAN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01243-01-9
       S. 1448                             2
    1    3. THE DISCLOSURE REQUIRED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
    2  IN WRITING AND SHALL INCLUDE AT A MINIMUM:
    3    (A) A STATEMENT OF THE FACILITY'S OVERALL PHILOSOPHY AND MISSION AS IT
    4  RELATES  TO  THE  NEEDS  OF  PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE,
    5  RELATED DISORDERS OR DEMENTIA;
    6    (B) THE PROCESS AND CRITERIA USED TO DETERMINE PLACEMENT IN AND TRANS-
    7  FER OR DISCHARGE FROM ALZHEIMER'S AND DEMENTIA SPECIAL CARE;
    8    (C) THE PROCESS USED FOR ASSESSMENT, ESTABLISHMENT AND  IMPLEMENTATION
    9  OF  A  PLAN  OF  CARE,  INCLUDING  THE METHODS BY WHICH THE PLAN OF CARE
   10  EVOLVES AND REMAINS RESPONSIVE TO CHANGES IN CONDITION;
   11    (D) STAFF-TO-RESIDENT RATIOS, STAFF TRAINING AND CONTINUING  EDUCATION
   12  PRACTICES;
   13    (E)  THE  PHYSICAL  ENVIRONMENT  AND  DESIGN  FEATURES  APPROPRIATE TO
   14  SUPPORT THE FUNCTIONING OF COGNITIVELY IMPAIRED ADULTS;
   15    (F) THE TYPES AND FREQUENCIES OF ACTIVITIES PROVIDED BY THE FACILITY;
   16    (G) A DESCRIPTION OF FAMILY INVOLVEMENT PROGRAMS AND THE  AVAILABILITY
   17  OF FAMILY SUPPORT PROGRAMS;
   18    (H)  THE  COSTS  OF CARE AND ANY ADDITIONAL FEES WHICH MAY BE CHARGED;
   19  AND
   20    (I) A DESCRIPTION OF SAFETY AND  SECURITY  MEASURES  PROVIDED  BY  THE
   21  FACILITY.
   22    4.  THE  COMMISSIONER,  WITH EQUAL OPPORTUNITY FOR INPUT FROM CONSUMER
   23  AND PROVIDER REPRESENTATIVES, SHALL PROMULGATE  RULES  IMPLEMENTING  THE
   24  PROVISIONS OF THIS SECTION.
   25    S  2012. ENFORCEMENT; CIVIL PENALTIES. 1. AN AGENCY SHALL CONSIDER THE
   26  EXTENT OF A FACILITY'S COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE IN
   27  CONSIDERING AN APPLICATION FOR RENEWAL  OF  A  LICENSE,  CERTIFICATE  OR
   28  APPROVAL.
   29    2. ANY FACILITY WHICH VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL BE
   30  SUBJECT  TO  A  CIVIL  PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS.  SUCH
   31  PENALTY MAY BE ASSESSED AFTER A HEARING CONDUCTED IN THE MANNER IN WHICH
   32  THE AGENCY ASSESSES  OTHER  PENALTIES  AGAINST  LICENSED,  CERTIFIED  OR
   33  APPROVED FACILITIES.
   34    S  2. This act shall take effect on the first of January next succeed-
   35  ing the date on which it shall have become  a  law,  provided  that  the
   36  department of health is immediately authorized and directed to take such
   37  actions  as are necessary to implement this act, including the promulga-
   38  tion of rules in accordance with the state administrative procedure act,
   39  on or before its effective date.