senate Bill S4319

Amended

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing to receive services they could get at home

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 29 / Mar / 2011
    • REFERRED TO AGING
  • 11 / Apr / 2011
    • 1ST REPORT CAL.335
  • 12 / Apr / 2011
    • 2ND REPORT CAL.
  • 13 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO AGING
  • 06 / Mar / 2012
    • AMEND AND RECOMMIT TO AGING
  • 06 / Mar / 2012
    • PRINT NUMBER 4319A

Summary

Enacts the "independent senior housing resident freedom of choice act" to authorize persons in independent housing, shelters and residences to receive services they could otherwise receive if they resided in a private residence.

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Bill Details

Versions:
S4319
S4319A
Legislative Cycle:
2011-2012
Current Committee:
Senate Aging
Law Section:
Public Health Law
Laws Affected:
Amd ยง4651, Pub Health L

Votes

10
0
10
Aye
0
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S4319

TITLE OF BILL:
An act
to amend the public health law, in relation to establishing the
independent senior housing resident freedom of choice act

PURPOSE:
To clarify that individuals living in senior housing have the right to
access and obtain the same services that they would if they were an
individual residing in the community, from the provider of their
choosing. These services include personal care, home care, case
management, technologies and other community services that support
them to live independently in the community.

SUMMARY OF PROVISIONS:
Section 1 states that the bill shall be referenced as "The Independent
Senior Housing resident Freedom of Choice Act".

Section 2 lays out the legislative intent behind the bill.

Section 3 amends paragraph (j) of subdivision 1 of section 4651 of the
public health law to:

1) change the term "facility" to "operator" to be consistent
throughout the definition;

2) clarify that any number of residents living in senior housing can
obtain personal care or home care services from any licensed or
certified home care agency depending on the individual needs of the
residents at any given time as they would otherwise obtain if they
were living in their own private home;

3) clarify that residents of independent senior housing can obtain
personal care or home care services from any licensed or certified
home care agency, personal care program, long term home health care
program, or managed long term care program of their choosing that
provides services in that location;

4) clarify that a licensed or certified home care agency, personal
care program, long term home health care program, or managed long
term care program under the authority of its own licensure or
certificate is able to perform outreach, arrange, or provide home
care services to the residents, so that a resident will have a choice
from all available home or personal care service providers and access
to any services they would otherwise have access to if living in
their own private home;

5) clarify that a resident of independent senior housing has the
ability to obtain technologies that assist in maintaining
independence, as they would if they were living in their own private
home; and

6) clarify activities allowed by the housing operator.

Section 4 states the effective date.


JUSTIFICATION:
The complexity of state statutes and regulations governing the
operation and services provided in congregate settings have caused a
lack of clarity with regard to the rights and opportunities of senior
citizens and persons with disabilities residing in independent
housing to choose and access services from the community. These
services are available to such individuals if they reside in their
own, private homes.

Such community-based services help seniors, in private homes and
independent housing alike, to "age in place" and remain living in the
less restrictive, more integrated setting. Residents have rights
under, and housing providers must comply with, the Fair Housing Act
(FHA), Americans with Disabilities Act (ADA), and the u.S. Supreme
Court's Olmstead decision. The ability of seniors and disabled
individuals to choose to remain in independent housing and select
their own health care and supportive services are critical components
of these laws and policies.

Ensuring access to such services is also in furtherance of New York
State policy of promoting access to community living and
community-based services to maintain the health and quality of life
of senior citizens and the disabled as well as to prevent avoidable
and costly admission to medical and other institutional-type
facilities.

The Independent Senior Housing Resident Freedom of Choice Act would
clarify and declare the rights of seniors and persons with
disabilities to choose, live and access services in independent
housing including personal care, home care, case management,
technologies and other community services that support them to live
independently in the community.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
The bill may result in cost savings due to seniors remaining in the
community rather than transitioning into more expensive settings
Undetermined at this time.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4319

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  establishing  the
  independent senior housing resident freedom of choice act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may be referred to
as the "independent senior housing resident freedom of choice act".
  S 2. Legislative intent. The legislature  hereby  finds  and  declares
that  the  complexity  of  state  statutes and regulations governing the
operation and services provided in congregate  settings  has  caused  or
contributed  to  a  lack  of  clarity  in, and thus caused confusion and
interference with the rights and opportunities of  senior  citizens  and
persons  with disabilities residing in independent housing to choose and
access services from the community, services  that  would  otherwise  be
available  to  such  individuals if residing in their own private homes.
Such community-based services help seniors, in private homes  and  inde-
pendent  housing  alike, to "age in place" and remain living in the less
restrictive, more  integrated  setting  that  independent  housing  also
represents,  consistent  with the Olmstead decision of the United States
Supreme Court. Ensuring access to such services is also  in  furtherance
of the state policy of promoting access to community living and communi-
ty-based  services  to maintain the health and quality of life of senior
citizens and the disabled as well as to  prevent  avoidable  and  costly
admission to medical and other institutional-type facilities.
  Therefore,  the  legislature  enacts  this act in order to advance the
opportunities for seniors and persons with disabilities to choose,  live
and access services in independent housing.
  S  3.  Paragraph  (j)  of  subdivision 1 of section 4651 of the public
health law, as added by chapter 2 of the laws of  2004,  is  amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10539-01-1

S. 4319                             2

  (j) independent senior housing, shelters or residences for adults. For
purposes  of  this article and for purposes of determining certification
pursuant to article seven of the social  services  law,  the  department
shall  by  regulation,  define independent senior housing, provided such
definition  shall  be  based  on  whether the operator does not provide,
arrange for, or coordinate personal care services or home care  services
on  behalf  of  residents;  and the [facility] OPERATOR does not provide
case management services in a congregate  care  setting  for  residents.
Nothing  in  this  chapter shall preclude [a resident of]: (I) ANY inde-
pendent senior housing RESIDENT OR ANY NUMBER  OF  SUCH  RESIDENTS  from
personally  and  directly obtaining [private] personal care or home care
services from [a] ANY licensed [or certified] home care SERVICES agency,
CERTIFIED HOME HEALTH  AGENCY,  LONG  TERM  HOME  HEALTH  CARE  PROGRAM,
PROGRAMS  OF  ALL-INCLUSIVE  CARE  FOR THE ELDERLY OR OTHER MANAGED LONG
TERM CARE PROGRAM;
  (II)  AN  AGENCY  OR  PROGRAM  LICENSED  OR  APPROVED  UNDER   ARTICLE
THIRTY-SIX  OR  SECTION  FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER FROM
OFFERING, ARRANGING FOR OR PROVIDING SERVICES TO THE RESIDENTS  OF  SUCH
HOUSING  AS SUCH AGENCY IS OTHERWISE AUTHORIZED TO OFFER, ARRANGE FOR OR
PROVIDE TO ANY OTHER PERSON OR PERSONS RESIDING IN  THEIR  OWN  HOME  OR
APARTMENT  OR  IN THE HOME OF ANY OTHER RESPONSIBLE RELATIVE OR ADULT IN
THE COMMUNITY;
  (III) ANY INDEPENDENT SENIOR HOUSING RESIDENT OR ANY  NUMBER  OF  SUCH
RESIDENTS  FROM  PERSONALLY AND DIRECTLY CHOOSING AND OBTAINING SERVICES
FROM AN APPROPRIATELY LICENSED OR APPROVED AGENCY  OR  PROGRAM  OFFERING
PERSONAL CARE, HOME CARE OR CASE MANAGEMENT SERVICES, OR FROM OBTAINING,
PERSONALLY  AND  DIRECTLY, TECHNOLOGIES THAT ASSIST IN MAINTAINING INDE-
PENDENCE; OR
  (IV) AN INDEPENDENT SENIOR HOUSING OPERATOR FROM OFFERING ROOM, BOARD,
LAUNDRY, HOUSEKEEPING, INFORMATION AND REFERRAL,  SECURITY,  TRANSPORTA-
TION  OR CONCIERGE-LIKE SERVICES; ASSISTING TENANTS WITH HOUSING ISSUES;
PROVIDING INFORMATION TO TENANTS ABOUT SERVICES AND ACTIVITIES AVAILABLE
IN THE COMMUNITY; ASSISTING TENANTS WISHING TO DO SO IN CONNECTING  WITH
SUCH  SERVICES  AND  ACTIVITIES;  PROVIDING  ACCESS TO SUCH SERVICES AND
ACTIVITIES; AND CONTACTING APPROPRIATE RESPONDERS  IN  AN  EMERGENCY  OR
OTHER  SITUATION INVOLVING ANY TENANTS THAT APPEARS TO WARRANT IMMEDIATE
ATTENTION, ASSISTANCE OR INTERVENTION.
  S 4. This act shall take effect immediately.

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