senate Bill S5375

Includes assisted living residences within the definition of long term care facilities for certain purposes

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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

  • 13 / May / 2011
    • REFERRED TO AGING
  • 23 / May / 2011
    • 1ST REPORT CAL.795
  • 24 / May / 2011
    • 2ND REPORT CAL.
  • 25 / May / 2011
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2011
    • SUBSTITUTED BY A3882A

Summary

Includes assisted living residences within the definition of long term care facilities for certain purposes; requires assisted living residences to permit access to such facilities by the long term care ombudsman.

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Bill Details

See Assembly Version of this Bill:
A3882A
Versions:
S5375
Legislative Cycle:
2011-2012
Law Section:
Elder Law
Laws Affected:
Amd §218, Eld L; amd §2803-c, Pub Health L

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S5375

TITLE OF BILL:
An act
to amend the elder law and the public health law, in relation to long
term care ombudsman access to assisted living facilities

PURPOSE OR GENERAL IDEA OF THE BILL:
To insure that the long term care
ombudsman have access to assisted living facilities.

SUMMARY OF PROVISIONS:
The bill would authorize the Long-Term Care
Ombudsman program (LTCOP) to receive and resolve complaints affecting
applicants and residents of assisted living residences.

JUSTIFICATION:
There has been some concern that the Long-Term Care
Ombudsman program is being refused entrance into assisted living
residences, due to some ambiguity in the State law. This bill cures
any such ambiguity by requiring that all assisted living residences
be notified of the requirement to allow long-term care ombudsmen
access to their facilities.

LEGISLATIVE HISTORY:
2009-10: A.2548 Passed Assembly; S.7567, Passed Senate; Veto
6744
2007-08: A.1452A Passed Assembly
2005-06: A.10917A Passed Assembly

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                  5375

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

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

AN ACT to amend the elder law and the public health law, in relation  to
  long term care ombudsman access to assisted living facilities

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

  Section 1. Paragraph (b) of subdivision 1 of section 218 of the  elder
law is amended to read as follows:
  (b)  "Long  term  care  facilities" shall mean residential health care
facilities as defined  in  subdivision  three  of  section  twenty-eight
hundred  one  of  the  public health law [and], adult care facilities as
defined in subdivision twenty-one of section two of the social  services
law,  AND  ASSISTED LIVING RESIDENCES, AS DEFINED IN ARTICLE FORTY-SIX-B
OF THE PUBLIC HEALTH LAW, OR ANY FACILITIES WHICH HOLD THEMSELVES OUT OR
ADVERTISE THEMSELVES AS PROVIDING ASSISTED LIVING SERVICES AND WHICH ARE
REQUIRED TO BE LICENSED OR CERTIFIED UNDER THE SOCIAL  SERVICES  LAW  OR
THE  PUBLIC HEALTH LAW.  Within the amounts appropriated therefor, "long
term care facilities" shall also mean managed long term care  plans  and
approved  managed  long term care or operating demonstrations as defined
in section forty-four hundred three-f of the public health law  and  the
term  "resident",  "residents",  "patient"  and  "patients"  shall  also
include enrollees of such plans.
  S 2. Paragraph (b) of subdivision 1 of section 218 of the  elder  law,
as  amended  by section 2 of chapter 642 of the laws of 2004, is amended
to read as follows:
  (b) "Long term care facilities" shall  mean  residential  health  care
facilities  as  defined  in  subdivision  three  of section twenty-eight
hundred one of the public health law, AND ASSISTED LIVING RESIDENCES, AS
DEFINED IN ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW, OR ANY  FACILI-
TIES  WHICH  HOLD  THEMSELVES  OUT  OR ADVERTISE THEMSELVES AS PROVIDING
ASSISTED LIVING SERVICES AND WHICH ARE REQUIRED TO BE LICENSED OR CERTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03333-03-1

S. 5375                             2

FIED UNDER THE SOCIAL SERVICES LAW OR THE PUBLIC HEALTH  LAW  and  adult
care  facilities  as defined in subdivision twenty-one of section two of
the social services law.
  S  3.  Paragraph  l  of  subdivision 3 of section 2803-c of the public
health law, as amended by chapter 719 of the laws of 1989, is amended to
read as follows:
  l. Pursuant to regulations promulgated by the commissioner, no facili-
ty or individual and no  general  hospital  providing  medical  care  to
persons  having  been  admitted  from such facilities or from adult care
facilities covered by the provisions of section four hundred sixty-one-b
of the social services law, or to applicants  for  readmission  to  such
facilities  or  to  adult  care  facilities covered by the provisions of
section four hundred sixty-one-b  of  the  social  services  law,  shall
restrict  or prohibit the access to the facility or general hospital nor
interfere with the performance of the official duties, including  confi-
dential  visits with residents, of duly designated persons participating
in the long term care ombudsman program as  provided  for  in  [sections
five  hundred  forty-four  and  five hundred forty-five of the executive
law] SECTION TWO HUNDRED EIGHTEEN OF THE ELDER LAW.
  S 4. This act shall take effect immediately, provided however that the
amendments to paragraph (b) of subdivision 1 of section 218 of the elder
law made by section two of this act shall take effect on the  same  date
and  same  manner  as  section  2 of chapter 642 of the laws of 2004, as
amended, takes effect.

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