senate Bill S5607A

Directs the commissioner of health to establish a schedule of reasonable maximum allowable charges for the use, maintenance and repair of air conditioners used by residents of adult homes

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 24 / May / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 03 / Feb / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 03 / Feb / 2014
    • PRINT NUMBER 5607A

Summary

Directs the commissioner of health to establish a schedule of reasonable maximum allowable charges for the use, maintenance and repair of air conditioners used by residents of adult homes, enriched housing programs and residences for adults.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4306A
Versions:
S5607
S5607A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §461-q, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A315A, S403A, A315A
2009-2010: A5681A, S6932, A5681A
2007-2008: A7069A, A7069A

Sponsor Memo

BILL NUMBER:S5607A

TITLE OF BILL: An act to amend the social services law, in relation
to establishing a fee schedule for the use, maintenance and repair of
air conditioners in adult homes

SUMMARY OF SPECIFIC PROVISIONS:

1. Amends section 461-q of the Social Services Law. Authorizes and
directs the Commissioner of Health to establish maximum charges for
the use, maintenance and repair of air conditioners used by individual
residents, except for those air conditioners paid for through the
EnAble program, to ensure that charges for the use, maintenance and
repair of such air conditions are not unreasonable or excessive. That
program bars the operator from charging for the use, repair or
maintenance of the units.

2. Effective Date

EXISTING LAW: Current law requires the Commissioner of Health to
promulgate rules and regulations regarding temperature standards in
adult homes, enriched housing and residences for adults.

JUSTIFICATION: Most residents in adult homes, enriched housing
programs or residences for adults have very meager allowances for
personal items for their own comfort. In the summer, in very hot,
stuffy rooms, these residents can often fall ill from the heat if they
do not have air conditioning. Many take medications which exacerbate
the effects of the heat, making the need for air conditioning a
medical issue.

The State, with some extra incentives, has encouraged the adult homes
to purchase air conditioners. But some of them have charged residents
exorbitant fees for running the air conditioners even after they get
them. This bill would direct the commissioner of health to set maximum
charges, taking into consideration the price of electricity, while
preventing the cost from making it impossible for residents to use the
air conditioners.

The amended version of this bill clarifies, but does not change the
purpose of this bill.

PRIOR LEGISLATIVE HISTORY: 2013: S 5607 Referred to Health Committee/
A.4306- Passed Assembly 2012: S.403A-Amended and Recommitted to
Consumer Protection/A 315A- Passed Assembly 2011 S.403-Committee
Discharged and Committed to Consumer Protection/A.315-Passed Assembly
2010: S.6932-Died on 3'd Rdg Calendar/A.5681A - Passed Assembly

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: None.

EFFECTIVE DATE: 90 days after enactment.

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

                                 5607--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sens.  DIAZ, SAMPSON, STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  recommitted  to  the Committee on Health in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the social services law, in relation to establishing a
  fee schedule for the use, maintenance and repair of  air  conditioners
  in adult homes

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

  Section 1. Section 461-q of the  social  services  law,  as  added  by
section  46  of  part B of chapter 58 of the laws of 2004, is amended to
read as follows:
  S 461-q.  Temperature  standards  in  adult  homes,  enriched  housing
programs and residences for adults.  1. The commissioner of health shall
promulgate  rules  and  regulations with respect to an allowable temper-
ature in all areas occupied by residents  of  an  adult  home,  enriched
housing  program  and residence for adults, including any areas intended
for use by its residents in common including auditoriums, meeting  rooms
and  cafeterias.    One common room in such adult home, enriched housing
program and residence for adults shall be  required  to  be  air  condi-
tioned.
  2.  THE  COMMISSIONER  OF  HEALTH IS HEREBY AUTHORIZED AND DIRECTED TO
ESTABLISH A SCHEDULE OF REASONABLE MAXIMUM ALLOWABLE CHARGES THAT MAY BE
ASSESSED BY ADULT HOMES, ENRICHED HOUSING PROGRAMS, AND  RESIDENCES  FOR
ADULTS TO RESIDENTS FOR THE USE, MAINTENANCE, AND REPAIR OF THE INDIVID-
UAL AIR CONDITIONERS IN THE RESIDENTS' PRIVATE LIVING QUARTERS, PROVIDED
THAT THE AIR CONDITIONERS WERE NOT ACQUIRED THROUGH THE ENHANCING ABILI-
TIES AND LIFE EXPERIENCE (ENABLE) PROGRAM. ADULT HOMES, ENRICHED HOUSING
PROGRAMS,  AND  RESIDENCES FOR ADULTS THAT ELECT TO CHARGE RESIDENTS WHO
OPERATE INDIVIDUAL AIR CONDITIONERS IN  THEIR  PRIVATE  LIVING  QUARTERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08212-03-4

S. 5607--A                          2

MUST ADHERE TO SUCH SCHEDULE OF REASONABLE MAXIMUM ALLOWABLE CHARGES. IN
DETERMINING  THE REASONABLE MAXIMUM ALLOWABLE CHARGES FOR THE USE, MAIN-
TENANCE, AND REPAIR OF THE INDIVIDUAL AIR CONDITIONERS, THE COMMISSIONER
OF  HEALTH  SHALL  CONSIDER  THE  VARIABLE NATURE OF THE MARKET PRICE OF
ENERGY AND SHALL ANNUALLY ADJUST SUCH SCHEDULE OF  APPLICABLE  COSTS  TO
ACCOUNT  FOR  SUCH  VARIABILITY  AND FOR ANNUAL INFLATION, AS DETERMINED
FROM THE INCREASE IN THE CONSUMER PRICE INDEX AS REPORTED BY THE  BUREAU
OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF LABOR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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.