senate Bill S5397

Amended

Relates to rules and regulations pertaining to the operation of social adult day care programs; requires report to the governor and the legislature

download pdf

Sponsor

Bill Status


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

actions

  • 16 / May / 2013
    • REFERRED TO AGING
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1042
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2013
    • AMENDED ON THIRD READING 5397A
  • 20 / Jun / 2013
    • SUBSTITUTED BY A7736
  • 21 / Jun / 2013
    • SUBSTITUTION RECONSIDERED
  • 21 / Jun / 2013
    • RESTORED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO AGING
  • 10 / Mar / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Relates to rules and regulations pertaining to the operation of social adult day care programs.

do you support this bill?

Bill Details

Versions:
S5397
S5397A
Legislative Cycle:
2013-2014
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Amd ยง215, Eld L

Votes

8
0
8
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S5397

TITLE OF BILL: An act to amend the elder law, in relation to rules
and regulations pertaining to the operation of social adult day care
programs

PURPOSE OR GENERAL IDEA OF BILL: To ensure that all social adult day
programs in the state are subject to the same oversight by the State
Office for the Aging (SOFA).

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill would remove
the requirement that a social adult day program be the recipient of a
grant from SOFA in order to be subject to regulations promulgated
therefore.

Section 2 of this bill requires a report regarding the projected costs
and benefits of establishing uniform standards and requirements with
regards to social adult day programs to be delivered on or before
December 31, 2013.

JUSTIFICATION: Currently social adult day programs are regulated by
the State Office for the Aging (SOFA) only if they receive a grant
through the Office. This means that anyone can start a program and be
free from any oversight as long as they never approach the Office for
funding. There has been concern across the state that there are abuses
taking place in programs that do not operate with sufficient staffing
and do not provide adequate services. Families are paying out of
pocket for these programs that are not subject to any oversight. This
legislation would ensure that all programs must comply with
regulations promulgated by SOFA and be overseen as the Office sees
fit.

PRIOR LEGISLATIVE HISTORY: This is a New Bill

FISCAL IMPLICATIONS: To be determined.

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
________________________________________________________________________

                                  5397

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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

AN ACT to amend the elder law, in  relation  to  rules  and  regulations
  pertaining to the operation of social adult day care programs

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
section 215 of the elder law is amended to read as follows:
  The  director is authorized and directed to promulgate rules and regu-
lations, establishing standards and  requirements  with  regard  to  the
operation  of  all  social  adult  day  care programs [receiving funding
pursuant to this article], REGARDLESS OF THE SOURCE OF FUNDING  UTILIZED
BY SUCH PROGRAMS. Such standards and requirements shall include, but not
be limited to:
  S  2. Subdivision 5 of section 215 of the elder law is amended to read
as follows:
  5. Report of director. The director, after consultation  with  his  or
her  advisory committee, affected state agencies, any affected municipal
agencies and  persons  involved  in  providing  social  adult  day  care
services,  shall  make a report, on or before December thirty-first, two
thousand [five] THIRTEEN, to the governor, the  temporary  president  of
the  senate, the speaker of the assembly, the chair of the senate stand-
ing committee on aging and the chair of the assembly standing  committee
on  aging  on  the  projected costs and benefits of establishing uniform
standards and requirements with regard to operation of social adult  day
care  services  in  the  state.  The report shall include the director's
findings, recommendations and estimate of  the  fiscal  implications  of
regulating social adult day care services in the state.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10945-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.