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

                                  9550

                          I N  A S S E M B L Y

                            January 15, 2010
                               ___________

Introduced  by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law,  in  relation  to  admissions  to
  adult care facilities

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

  Section 1. Subdivisions 13 and 15 of section 4651 of the public health
law, as added by chapter 2 of the laws of 2004, are amended to  read  as
follows:
  13.  "Aging  in  place"  means,  care and services at a facility which
possesses an enhanced assisted living certificate which, to  the  extent
practicable, within the scope of services set forth in the written resi-
dency  agreement  executed pursuant to section four thousand six hundred
fifty-eight of this article, accommodates a  resident's  changing  needs
and  preferences  in  order  to allow such resident to BE ADMITTED TO OR
remain in the residence as long as the residence is able and  authorized
to  accommodate  the  resident's current and changing needs. A residence
that does not possess an enhanced assisted living certificate shall  not
be  deemed  able  to  accommodate  a  resident's  needs  if the resident
requires or is in need of either enhanced assisted living or twenty-four
hour skilled  nursing  care  or  medical  care  provided  by  facilities
licensed  pursuant  to  article  twenty-eight of this chapter or article
nineteen, thirty-one or thirty-two of the mental hygiene law.
  15. "Enhanced assisted living certificate" means a certificate  issued
by  the  department  which  authorizes  an  assisted living residence to
provide aging in place by EITHER ADMITTING OR  retaining  residents  who
desire [to continue] to age in place and who: (a) are chronically chair-
fast and unable to transfer, or chronically require the physical assist-
ance of another person to transfer; (b) chronically require the physical
assistance  of  another person in order to walk; (c) chronically require
the physical assistance of another person to climb  or  descend  stairs;
(d)  are  dependent on medical equipment and require more than intermit-
tent or occasional assistance from medical personnel; or (e) has chronic
unmanaged urinary or bowel incontinence.  IN NO EVENT SHALL A PERSON  BE

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

                                                           LBD15286-02-0

A. 9550                             2

ADMITTED  TO  AN  ASSISTED  LIVING RESIDENCE WHO IS IN NEED OF CONTINUAL
TWENTY-FOUR HOUR NURSING OR MEDICAL CARE, WHO IS CHRONICALLY BEDFAST, OR
WHO IS COGNITIVELY, PHYSICALLY OR MEDICALLY IMPAIRED TO  SUCH  A  DEGREE
THAT HIS OR HER SAFETY WOULD BE ENDANGERED.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that the commissioner of
health may adopt, amend, suspend or repeal any regulations or take other
actions necessary to enforce or implement the law prior to and in prepa-
ration for the  taking  effect  of  the  law;  provided,  however,  such
adoption,  amendment, suspension or repeal of regulations shall not have
legal effect until the law takes effect.