senate Bill S4851

Signed by Governor Amended

Authorizes the establishment of a long term care community in Columbia county known as Camphill Ghent, Inc. to provide integrated services to certain persons

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Bill Status


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

  • 27 / Apr / 2011
    • REFERRED TO AGING
  • 23 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 09 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 09 / Jun / 2011
    • PRINT NUMBER 4851A
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1239
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 16 / Jun / 2011
    • SUBSTITUTED FOR A8134A
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.381
  • 16 / Jun / 2011
    • PASSED ASSEMBLY
  • 16 / Jun / 2011
    • RETURNED TO SENATE
  • 04 / Oct / 2011
    • DELIVERED TO GOVERNOR
  • 14 / Oct / 2011
    • SIGNED CHAP.594
  • 14 / Oct / 2011
    • APPROVAL MEMO.13

Summary

Authorizes the establishment of a long term care community in Columbia county known as Camphill Ghent, Inc. to provide integrated services to certain persons.

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Bill Details

Versions:
S4851
S4851A
Legislative Cycle:
2011-2012
Law Section:
Health

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S4851

TITLE OF BILL:

An act
relating to authorizing the establishment of a long term care community
in Columbia county known as Camphill Ghent, Inc. to provide integrated
services to certain persons

PURPOSE:

This bill will allow residents of the adult home and assisted living
program at Camphill Ghent to age in place without the need for
transfer to a nursing home or other institution, and would provide a
mechanism to support the additional services necessary to serve
persons with developmental disabilities in such program.

SUMMARY OF PROVISIONS:

Section one clarifies the legislative intent of the bill, which is to
remove existing barriers preventing individuals residing in the adult
home or assisted living program at Camphill Ghent from aging in
place, and preventing support for the additional services necessary
to serve persons with developmental disability in such program.

Section two describes the services to be provided by Camphill Ghent,
Inc.

Section three provides that persons residing in the adult home or
assisted living program at Camphill Ghent may remain in such program
even where they would otherwise require discharge, provided that the
program provides any additional services necessary to care for such
persons.

Section four provides that the Office for People with Developmental
Disabilities shall provide a supplemental payment to the assisted
living program at Camphill Ghent to provide additional services
necessary to serve persons with developmental disabilities residing
in such program.

Section five exempts the adult home and assisted living program at
Camphill Ghent from existing provisions of law requiring persons to
be discharged from an adult home or assisted living program under
certain circumstances, and prohibiting residents from performing
volunteer work.

Section six provides that the bill would take effect immediately.

JUSTIFICATION:

The Camphill Movement came to North America from Great Britain 50
years ago with the intention and founding ideal to build communities
where the individuality and spiritual integrity of every human being
is recognized, upheld and lovingly nourished. A Camphill community
was started in Copake, New York, in 1961 at the urging of a group of
concerned people that included parents of young adults with


developmental disabilities who wished to live and work in a fully
integrated environment offering interesting and challenging work
options and a healthy outdoor lifestyle. Today, Camphill Village in
Copake comprises 600 acres of hills, woods and pastures, 24 houses of
different sizes, crafts workshops, farm buildings, a medical care
center, a culture and arts center, and a bakery co-op, cafe and gift
shop. A total of 240 people live and work there together in
dedication to the founding ideals.

As members of the Camphill Village community have aged over the years
and required increasingly sophisticated health care services,
Camphill has found that in many cases it has no choice but to defer
those persons to nursing homes or other institutional settings. This
not only results in a difficult and often traumatic transition for
those persons from a very integrated to a much less integrated
setting. It also results in unnecessary costs, which are frequently
borne by the state through the Medicaid program. Such costs could be
avoided if Camphill residents had access to more integrated long term
health services.

In an effort to develop such services in a setting consistent with
Camphill ideals, Camphill Village is in the process of establishing a
long term care community that includes unlicensed senior housing, an
adult home, a licensed home care services agency and an assisted
living program. Such a community will serve persons with and without
developmental disabilities both from Camphill Village and from
elsewhere in Columbia County. The community has received significant
support from New York State through the award of a $9.6 million grant
under the Healthcare Efficiency and Affordability Law for New Yorkers
(HEAL-NY) and the Federal State Health Reform Partnership (F-SHRP) and
is awaiting final certification of need approval.

Unfortunately, there are barriers under current law that prevent
Camphill Ghent from fully realizing its goals for the new community.
First, under current law, an adult home or assisted living program
must discharge individuals who need a higher level of care than the
standard level offered by such programs. This bill would address that
by allowing persons exceeding those discharge standards to remain at
Camphill Ghent provided that the program provides the additional
services necessary to adequately care for such persons. Second, there
is currently no mechanism to support the additional services
necessary to adequately care for individuals with developmental
disabilities in an assisted living program. This bill would provide
for a supplemental payment from the Office for Persons with
Developmental Disability to support the additional services necessary
to ensure such persons can be adequately served in such a setting.

As a result, individuals who would normally be referred to a more
expensive institutional setting will be cared for in a less
expensive, fully integrated community setting. Such setting would
offer groundbreaking services for both persons with and persons
without developmental
disabilities, allowing them to age in place and maintain a high
quality of life for as long as possible.

LEGISLATIVE HISTORY:


None.

FISCAL IMPLICATIONS:

This bill should result in a net savings to the state of approximately
$900,000 per year attributable to the reduced cost of caring for
individuals who would otherwise be served in more expensive
institutional settings.

EFFECTIVE DATE:

Immediately.

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

                                  4851

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT relating to authorizing the establishment of  a  long  term  care
  community  in Columbia county known as Camphill Ghent, Inc. to provide
  integrated services to certain persons

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

  Section 1.  Legislative intent. New York state has long recognized the
need  to  support  a  full  continuum of long term care services for the
aging that supports the ability  of  seniors  to  remain  in  integrated
community  settings for as long as possible. The state has offered simi-
lar support to allow persons with developmental disabilities  and  their
caregivers  to  live in community settings, but for the most part not in
integrated housing arrangements. Further, the state does  not  currently
support  a  service  model  that  adequately  supports  the increasingly
sophisticated long term health care needs of persons with  developmental
disabilities  who  are  elderly  in an integrated community setting that
includes elderly persons with developmental disabilities and others.
  The Legislature finds that the Camphill movement has a long  tradition
of  providing  services  to  persons  with developmental disabilities in
fully integrated community settings through  its  worldwide  network  of
planned, intentional communities serving persons with and without devel-
opmental  disabilities.  Much  more than providers of basic services for
people with developmental disabilities, Camphill  communities  offer  an
environment  where people of all ages and abilities share home, work and
social activities and enjoy a  rich  artistic  and  cultural  life  with
opportunities  for  spiritual  expression  and  dignified work. Camphill
communities rely on both paid  and  volunteer  workers  to  ensure  that
persons with developmental disabilities can realize their full potential
through  constructive and productive interactions as fully participatory
members of their communities.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11097-01-1

S. 4851                             2

  The Legislature further finds that members of  such  communities  must
frequently  leave  those  communities when they develop long term health
care needs that cannot be addressed in those settings.  In  such  cases,
they  are  often  admitted  to  less integrated settings that negatively
impact their quality of life and generate costs to those individuals and
to  the state that would not be necessary if a more appropriate alterna-
tive were available. In recognition of this fact, Camphill Village  USA,
Inc., which currently operates a Camphill community in Copake, New York,
is  in  the  process of developing a community in Ghent, New York, under
the auspices of Camphill Ghent, Inc.,  ("Camphill  Ghent"),  that  would
provide  an array of long term care services, including assisted living,
to persons with and without developmental disabilities in  the  Camphill
tradition.
  The  Legislature  further  finds  that  the  Camphill Ghent project is
consistent with the goal of both the department of health and the office
for people with developmental disabilities  to  provide  cost  effective
services  in  the  most  integrated  setting appropriate to the needs of
residents. In fact, Camphill Ghent has already received support from the
state in the form of a $9.6 million grant under the Healthcare Efficien-
cy and Affordability Law for New Yorkers and  the  Federal-State  Health
Reform  Partnership,  pursuant to which it is subject to state oversight
and regulation.
  However, there are currently legislative barriers to the full realiza-
tion of the Camphill Ghent goal,  including  barriers  against  allowing
residents  to  age  in  place,  barriers  against  full  funding for the
services necessary for persons living in a fully integrated setting  who
have  both  developmental  disabilities and significant long term health
care needs, and barriers against the use of volunteer services  provided
by the potential residents of the new community. In the past, the Legis-
lature has enacted legislation to support a Camphill-related facility in
New  York  state  by removing such barriers.  Moreover, Camphill Village
has a proven track record of providing services at  substantially  lower
cost  than comparable providers. Accordingly, the Legislature finds that
it is in the best interests of the state to establish Camphill Ghent  as
a  unique  program  to  provide  long term care services to persons with
developmental disabilities and others in an integrated community setting
in a manner that allows such individuals to age in place with all appro-
priate state supports, and without the barriers that will  prevent  such
persons from becoming fully participatory members of their community.
  S 2. The Legislature hereby authorizes the establishment of a communi-
ty  in Columbia county known as Camphill Ghent, Inc. (hereinafter "Camp-
hill Ghent"), that is specifically designed to provide  long  term  care
and  other  services  to  persons  with  developmental  disabilities and
others.  Such community shall:
  (a) include, at a minimum, an assisted living program  as  defined  in
section  461-l  of  the  social  services  law, other adult home beds as
defined in subdivision 25 of section 2 of the social services  law,  and
unlicensed  housing  targeted  to  seniors aged 55 and over comprised of
self-contained studio, one bedroom and two bedroom  units  connected  to
common areas for common dining and recreation, and two and three bedroom
independent housing units;
  (b)  include  a  series  of buildings for common use that will house a
variety of non-medical services available to community residents;
  (c) include both persons with developmental disabilities  and  persons
without developmental disabilities among the residents;

S. 4851                             3

  (d)  include  extensive  use  of volunteers to supplement the services
provided by the required professional staff; and
  (e)  provide  regular  reports  to the state consistent with its obli-
gations under section 2818 of the public health law.
  S 3. Notwithstanding subdivision 6 of section 461-c  and  subparagraph
(ii)  of  paragraph (d) of subdivision 1 and subparagraph (iii) of para-
graph (d) of subdivision 2 of section 461-l of the social services  law,
an  eligible  person who has been admitted to the adult home or assisted
living program at Camphill Ghent, who is otherwise  no  longer  eligible
for  participation  in  an adult home or assisted living program because
such person is in need of continual nursing or medical care, chronically
bedfast or chairfast, or cognitively, physically or  medically  impaired
to  such  a degree that his or her safety would otherwise be endangered,
may remain in the adult home or  assisted  living  program  at  Camphill
Ghent  provided  that  the  program  provides  such  additional nursing,
medical or other care as necessary for such  person  to  be  safely  and
adequately  cared  for,  as determined by the program and such person or
his or her legal representative.  The  rates  payable  to  the  assisted
living  program  at Camphill Ghent shall be adjusted to reflect the cost
of such additional medical, nursing or other care.
  S 4. Where eligible persons residing in the assisted living program at
Camphill Ghent, or persons residing in the assisted  living  program  at
Camphill Ghent pursuant to section three of this act, would otherwise be
eligible  to  reside in a supervised individualized residential alterna-
tive established pursuant to regulations  of  the  commissioner  of  the
office  for  people with developmental disabilities, the assisted living
program at Camphill Ghent shall be entitled to  a  supplemental  payment
from  the office for people with developmental disabilities equal to the
difference between the assisted living program rate attributable to that
person and the regional average  supervised  individualized  residential
alternative  rate that would have been paid had that person resided in a
supervised individualized residential alternative, inclusive of both the
residential habilitation and room and board components, trended  to  the
current  operating  year  and  annually  updated. Such supplemental rate
shall be used to support additional case management services, protective
oversight and the following residential habilitation services, as appro-
priate: training, support and assistance  in  pursuing  personal  valued
outcomes,  self-advocacy,  relationship  building, and self direction in
making informed choices; training, support and  assistance  in  personal
hygiene  tasks;  training,  support  and  assistance in self-care tasks;
training, support and assistance in general household  chores  including
meal preparation; mobility training; training, support and assistance in
personal  health  care;  training to maximize personal financial manage-
ment; training, support and assistance in appropriate  normative  social
behaviors  and  community  inclusion activities; training in fire evacu-
ation procedures and  other  appropriate  life  safety  activities;  and
necessary  transportation. The Legislature shall appropriate the funding
necessary to support such supplemental payment on an annual basis. In no
event shall the adult home or assisted living program at Camphill  Ghent
be required to be licensed under any provision of the mental hygiene law
by virtue of such supplemental payment or the services it supports.
  S  5.  Camphill Ghent shall be exempt from the following provisions of
the social services law: subdivision 6 of section 461-c  of  the  social
services  law  regarding  retention  standards in adult care facilities;
subdivision 4 of section 461-d of  the  social  services  law  regarding
compensation  of residents of certain adult care facilities for services

S. 4851                             4

performed on behalf of such adult care facility; and  subparagraph  (ii)
of  paragraph  (d)  of  subdivision  1  of  section  461-l of the social
services law regarding retention standards in assisted living  programs.
Camphill  Ghent shall also be exempt from subdivision 15 of section 4651
and section 4654 of the public health law  regarding  enhanced  assisted
living  certification. The exemption from subdivision 6 of section 461-c
of the social services law and subparagraph (ii)  of  paragraph  (d)  of
subdivision  1  of  section 461-l of the social services law shall apply
only to the extent that Camphill Ghent meets the requirements of section
three of this act.
  S 6. This act shall take effect immediately.

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