S T A T E   O F   N E W   Y O R K
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                                  2592

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, SCHROEDER -- Multi-Sponsored by --
  M. of A. GUNTHER -- read once and referred to the Committee on Aging

AN ACT to amend the public health law,  in  relation  to  disclosure  of
  special care offered to persons with Alzheimer's disease or dementia

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

  Section 1. The public health law is amended by adding  a  new  article
20-B to read as follows:
                              ARTICLE 20-B
            ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE
SECTION 2010. DEFINITIONS.
        2011. ALZHEIMER'S AND DEMENTIA SPECIAL CARE DISCLOSURE.
        2012. ENFORCEMENT; CIVIL PENALTIES.
  S  2010.  DEFINITIONS.  AS  USED  IN THIS ARTICLE: 1. "ALZHEIMER'S AND
DEMENTIA SPECIAL CARE" MEANS CARE OR  TREATMENT  PROVIDED  TO  A  PERSON
DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA.
  2.  "FACILITY" SHALL MEAN A RESIDENTIAL HEALTH CARE FACILITY, AN ADULT
DAY HEALTH CARE PROGRAM OR A CONTINUING CARE RETIREMENT COMMUNITY.
  S 2011. ALZHEIMER'S AND  DEMENTIA  SPECIAL  CARE  DISCLOSURE.  1.  ANY
FACILITY  THAT ADVERTISES OR MARKETS ITSELF AS PROVIDING ALZHEIMER'S AND
DEMENTIA SPECIAL CARE SHALL DISCLOSE  THE  FORM  OF  CARE  OR  TREATMENT
PROVIDED  THAT  DISTINGUISHES  IT  AS  BEING ESPECIALLY APPLICABLE TO OR
SUITABLE FOR PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE, RELATED  DISOR-
DERS OR DEMENTIA.
  2. THE DISCLOSURE SHALL BE MADE TO:
  (A) THE DEPARTMENT;
  (B)  ANY  PERSON SEEKING PLACEMENT IN A FACILITY ON BEHALF OF A PERSON
DIAGNOSED WITH ALZHEIMER'S DISEASE, A RELATED DISORDER OR DEMENTIA; AND
  (C) THE STATE LONG TERM CARE OMBUDSMAN.
  3. THE DISCLOSURE REQUIRED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
IN WRITING AND SHALL INCLUDE AT A MINIMUM:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01243-01-9
              

A. 2592                             2

  (A) A STATEMENT OF THE FACILITY'S OVERALL PHILOSOPHY AND MISSION AS IT
RELATES TO THE NEEDS OF  PERSONS  DIAGNOSED  WITH  ALZHEIMER'S  DISEASE,
RELATED DISORDERS OR DEMENTIA;
  (B) THE PROCESS AND CRITERIA USED TO DETERMINE PLACEMENT IN AND TRANS-
FER OR DISCHARGE FROM ALZHEIMER'S AND DEMENTIA SPECIAL CARE;
  (C)  THE PROCESS USED FOR ASSESSMENT, ESTABLISHMENT AND IMPLEMENTATION
OF A PLAN OF CARE, INCLUDING THE METHODS  BY  WHICH  THE  PLAN  OF  CARE
EVOLVES AND REMAINS RESPONSIVE TO CHANGES IN CONDITION;
  (D)  STAFF-TO-RESIDENT RATIOS, STAFF TRAINING AND CONTINUING EDUCATION
PRACTICES;
  (E) THE  PHYSICAL  ENVIRONMENT  AND  DESIGN  FEATURES  APPROPRIATE  TO
SUPPORT THE FUNCTIONING OF COGNITIVELY IMPAIRED ADULTS;
  (F) THE TYPES AND FREQUENCIES OF ACTIVITIES PROVIDED BY THE FACILITY;
  (G)  A DESCRIPTION OF FAMILY INVOLVEMENT PROGRAMS AND THE AVAILABILITY
OF FAMILY SUPPORT PROGRAMS;
  (H) THE COSTS OF CARE AND ANY ADDITIONAL FEES WHICH  MAY  BE  CHARGED;
AND
  (I)  A  DESCRIPTION  OF  SAFETY  AND SECURITY MEASURES PROVIDED BY THE
FACILITY.
  4. THE COMMISSIONER, WITH EQUAL OPPORTUNITY FOR  INPUT  FROM  CONSUMER
AND  PROVIDER  REPRESENTATIVES,  SHALL PROMULGATE RULES IMPLEMENTING THE
PROVISIONS OF THIS SECTION.
  S 2012. ENFORCEMENT; CIVIL PENALTIES. 1. AN AGENCY SHALL CONSIDER  THE
EXTENT OF A FACILITY'S COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE IN
CONSIDERING  AN  APPLICATION  FOR  RENEWAL  OF A LICENSE, CERTIFICATE OR
APPROVAL.
  2. ANY FACILITY WHICH VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE  HUNDRED  DOLLARS.    SUCH
PENALTY MAY BE ASSESSED AFTER A HEARING CONDUCTED IN THE MANNER IN WHICH
THE  AGENCY  ASSESSES  OTHER  PENALTIES  AGAINST  LICENSED, CERTIFIED OR
APPROVED FACILITIES.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law, provided that the
department of health is immediately authorized and directed to take such
actions as are necessary to implement this act, including the  promulga-
tion of rules in accordance with the state administrative procedure act,
on or before its effective date.